In this blog post, we take a look at the UK Spouse visa extension requirements to the Home Office and what you need to do for a successful Spouse visa extension application. This is a important next step as part of being under the UK Spouse visa application route (5 or 10 years) in order to later qualify for indefinite leave to remain in the UK.
What is a Spouse visa?
A Spouse visa (Marriage visa) extension application to the Home Office is for the applicant to apply to extend for further leave to remain to live in the UK and continue to live with their Spouse (Sponsor) husband or wife in the UK. A successful application is granted a initial period of 2 years and 6 months Spouse leave to remain either under the 5 year or 10 year route. Your application will be assessed by the UKVI and you must satisfy the requirements under Appendix FM of the Immigration rules. You will not be required to leave to your home country to apply for a new entry clearance application as part of your application in the United Kingdom. This category leads to indefinite leave to remain in the UK and then British citizenship.
What are the Spouse Visa Extension requirements?
In order to qualify for a UK Spouse Visa Extension you can apply to extend your Spouse extension application to the Home Office and will need to satisfy and meet the following requirements:
- You (spouse visa applicant) must live in the
- UK with leave to enter or remain as a Spouse of a British citizen or person or settled in the UK
- You meet the suitability character requirements under Appendix FM of the Immigration rules
- You provide evidence of genuine and subsisting relationship with your husband or wife in the UK, since the grant of your previous Spouse leave to remain in the UK
- You can meet the financial requirement of £29,000 to demonstrate you will not have recourse to public funds. The minimum financial requirement is higher if there are any dependants applying with you.
- You will be adequately maintained in the UK without recourse to public funds;
- There is adequate accommodation for you and any dependents;
- You speak and understand English language requirement
How much is the Home Office Visa Application Fee?
The Home Office application fee for Spouse Visa extension application currently is £1,048. You will also have to pay £19.20 towards your biometric fingerprint fee. You can also decide to pay the Super priority service fee for the Home Office to reach a decision within normally 1 working day.
What documents are required for spouse visa extension?
Knowing which documents you must provide for your Spouse Visa Extension in the UK can be a legal minefield. But we here at My Legal Services have all the tools needed and experience to help you navigate your way through the application process.
In order to prove that the applicant satisfies all of the requirements to be granted ‘Further Leave to Remain’ as a Spouse of a British citizen or a person with permanent residence or is a settled person, they must submit relevant supporting documents and submit the correct application fee as part of immigration status requirements. This also includes paying the immigration health surcharge and meet the residence requirements for a successful outcome.
For applicants who are currently in the UK on a Spouse/Partner Visa (including a Fiancé(e) or proposed civil partner) and applying for an extension of stay in the UK. These include meet the eligibility criteria:
- Valid passport;
- Proof that your relationship is genuine/you remain in a genuine relationship;
- Marriage certificate
- Evidence of meeting the minimum income threshold financial requirement; This can be achieved by way of Employment, Cash savings, Pension income
- Adequate accommodation
- Proof of meeting the English language requirement from an approved English language test provider.
- Meet the good character requirement
What is the Relationship Requirements for a Spouse Visa Extension?
At the time of making a Spouse Visa Extension, both the applicant and sponsor partner must:
- Be over 18
- Have met in person;
- Not be related to each other;
- Be/Remain in a genuine and subsisting relationship and meet the residence requirement
- If either person were previously married/in a civil partnership, the previous marriage/s must have permanently broken down;
- Intend to live together permanently in the UK once the visa is granted
If you are married or civil partners, you must be able to prove that you are in a legal marriage/civil partnership that is recognised in the UK. If not married (applying as an unmarried partner), you must provide evidence that your relationship is akin to a marriage and that you have lived with each other continuously for 2 years or more.
Also Read: Experienced UK Visa and Immigration Solicitors in West Brompton
Financial Requirement
The minimum annual income requirement they must meet for this is £18,600 (gross) per annum. If there are child dependants also applying, this increases by £3,800 for the first child, and then a further £2,400 for every additional child or family member for them to be granted extension of your spouse visa.
There are several ways to meet the financial requirement including:
- Income from salaried or non-salaried employment of the partner (and/or the applicant if they are in the UK with permission to work). Maternity allowances are also counted including Bereavement benefits.
- Non-employment income, e.g. income from property rental or dividends from shares.
- Cash savings of the applicant’s partner and/or the applicant, above £16,000, held by the partner and/or the applicant for at least 6 months and under their control. The cash savings requirement is £62,500. State (UK or foreign), occupational or private pension of the applicant’s partner and/or the applicant. There are specified documents that will be required in support of your application.
- Income from self-employment, and income as a director or employee of a specified limited company in the UK, of the partner (and/or the applicant if they are in the UK with permission to work). Different documents will be required if you are applying and relying on Income from self-employment or income as a Director or employee of a specified limited company.
You may still be able to meet the requirement if you are not working or are on benefits or have sufficient savings to satisfy the financial requirements.
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The English Language Requirement
Another requirement is evidence of sufficient knowledge of the English Language. Unless you reside in a country where English is the primary/dominant language e.g. USA or Australia, you will need to take an English Language Test which assesses your speaking and listening ability.
If you have a degree or academic qualification that was taught or researched in English and recognised by Ecctis (formerly UK NARIC), the English language requirement can also be satisfied.
Accommodation Requirement
You must also show that you have adequate accommodation for both of you (and any dependant children) to live in when you are in the UK. Adequate meaning that there will be no overcrowding as a result of you staying in the property.
Documents to prove Relationship Requirement is met
For married/civil partners, the marriage/ certificate should be included in the application.
Documents to prove Financial Requirement is met
The documents you must provide need to prove the source of income being used to meet the minimum income requirement. For example if the applicant is relying on employment income, they will need to provide payslips, bank statements and employment contracts.
Documents to prove English Language Requirement is met
If the applicant is required to evidence a sufficient level of English Language, they must provide a copy of their English Language Test Certificate or their Degree certificate.
Documents to prove other requirements are met
For the accommodation requirement, the documents to be provided will depend on whether the property is owned, rented etc.
Also Read: Why Do You Require Our Best Legal Advice and Immigration Lawyers In Farringdon?
Translation of Documents:
Any supporting documents that are not in English or Welsh must be translated. This will typically apply to items such as Marriage and Birth Certificates that originate from non-English speaking countries. The Home Office’s official rule on this is the following: Each original document must be accompanied by a full translation that can be independently verified by the Home Office. Each translated document must contain:
- Confirmation from the translator that it is an accurate translation of the original document
- The date of the translation
- The translator’s full name and signature
- The translator’s contact details
Approval Process
Once the application is approved, the spouse visa extension is granted for a further 30 months. After completing 5 years the applicant is eligible for applying for an indefinite leave to remain visa. To be approved for ILR, the couple must still be married and living together, aside from continuously meeting the requirements. If the ILR is approved, the final application is to be a naturalized British citizen.
On another note, if the married couple decides to separate during the probationary period before the foreign spouse can live in the UK permanently, a written notification should be sent to the UKVI (Home Office).In this case, the Home Office decides whether the former spouse can stay or leave the UK. The decision of the Home Office will usually rely on the qualifications of the former spouse to stay in the UK as well as the circumstances as to why it may be inappropriate to let them leave the country.
The applicant may still be able to rely on different grounds to remain in the UK, in particular based upon domestic violence and/or if there are children in the marriage and/or as a primary carer for the child or children.
If you need help getting your Spouse visa extension application approved or to apply on the basis of domestic violence or a Parent of a child, we are here at My Legal Services are always here to help. For assistance call us on 02037 324 736 to speak with one of our qualified Immigration Lawyers and get for immediate help or enquiry online with your situation.
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How can My Legal Services lawyers (Solicitors) at our law firm can help you with your application for a Spouse visa renewal?
My Legal Services immigration lawyers can help you check your eligibility and individuate the correct requirements to make your application successful. Call us on 02037 324 736 to speak with one of our qualified Immigration Lawyers and get for immediate help or enquiry online with your situation
We employ only the highly trained immigration lawyers to help our clients with their Immigration issues, including point based system applications. All of our lawyers and solicitors are trained and qualified to help you with the application, appeal or decision making process in obtaining your visa in the UK. You can speak at any time with one of our specialists who will be happy to assist you and go over the process for you to obtain your leave to remain in the UK.
Hire one of our Immigration Solicitors in London to benefit from our Application package, which will allow us to complete your successful Spouse visa extension application to the Home Office.