UK Spouse Visa Extension

Once in the UK with leave as a Spouse, you can apply to extend this leave, providing that you meet the requirements set out in Appendix FM of the Immigration Rules for an extension of stay in this category.

The requirements for further leave to remain in the UK as a spouse are broadly the same as those that apply to initial applications in the spouse visa category. However, you will need to make sure that your application satisfies the suitability, relationship, financial, accommodation, and Immigration status requirements again. A higher level English language requirement will also apply.

You must make sure that you submit your spouse visa extension application prior to the expiry of your leave. If you do not, your leave will not be extended, by virtue of Section 3C of the Immigration Act 1971, whilst your application is pending and you will become an overstayer.

It is advisable that you submit your spouse visa extension application within 28 days of the expiry of your leave.

The Immigration Rules contain strict requirements in terms of the supporting documents that you must provide in support of your spouse visa extension application, as well as the content and format of the documents. Advice from an immigration lawyer will ensure that your application satisfies the requirements of the rules and is technically correct. However, in general terms, you should include:

Evidence that your partner is British, in the UK with indefinite leave to remain, leave to remain under the EU Settlement Scheme (pre-settled status), or limited leave to remain under Appendix ECAA;
Evidence that you and your partner are over the age of 18;
Evidence that you have met your partner in person and that your relationship continues to be genuine and subsisting;
Evidence that since the grant of entry clearance that you have lived with your partner together in the UK or you can provide a good reason why you have not;
You will be adequately maintained in the UK without recourse to public funds;
There is adequate accommodation for you and any dependents; and
You speak and understand English to the required level

Just as in your spouse visa entry clearance application, you will need to meet a financial requirement.

You will need to show that you or your partner has an annual income of at least £29,000. Meeting the financial requirement with children is covered in this post. You can rely on your own or your spouse’s income in order to meet the financial requirement, or you can combine your earnings.

The financial requirement can be met in a number of ways including through employment, self-employment, property rental income, pension income, savings etc. In certain circumstances, you may be able to rely on a combination of these. Applications where the income is derived from employment (or self-employment as a Director) from a specified limited company, or from self-employment can be slightly more complex as further documentation is required.

If you rely on cash savings alone, you will need to show certain level of savings, plus additional sums if you have children. This post covers using cash savings in order to satisfy the spouse visa extension financial requirement.

If you were required to sit an English Language test in order to meet the English language requirements for your entry clearance application, you may need to sit another test at a higher level.

Spouse visa extension applications require evidence to show that, since entering the UK, your English Language skills have improved. The required level for the test at the extension stage is A2 of the Common European Framework for References.

Tests must be completed at a provider approved by the Secretary of State.

You may previously have relied on a degree that was taught in English to meet the language requirement. You will need to resubmit the degree certificate and any confirmation from UK ENIC, if relevant.

The process for applying to extend a spouse visa is similar to the out-of-country process for spouse entry clearance applications.

Applications are made online, and then you will be required to attend a centre to enrol your biometrics and have your passport and supporting documents scanned.

Once you have submitted your online application, you will be able to upload copies of your supporting documents to the Home Office’s partner website and you will be able to book an appointment to attend a service centre to enrol your biometrics. You can also get your documents scanned at the centre.

The visa application fee is £1,048, plus £19.20 towards your biometric fingerprints. There is also a separate fee towards the Immigration Health Surcharge currently £2,587.50 for the duration of your visa of 2.5 years.

If you apply via the Standard Service, your application for further leave to remain as a spouse will normally be decided within 4-8 weeks. If you apply via the Super Priority Service, you should normally receive a decision on your spouse extension application the next working day after providing your biometric information. It should be noted that during the Covid-19 pandemic there have been some delays to Appendix FM applications being considered, and priority services are limited.

If your application is complex or you have an adverse immigration history, you may find that your spouse extension application takes more time to consider.

No. If you leave the Common Travel Area, which includes the UK, Republic of Ireland, the Channel Islands, and the Isle of Man, when your application is pending, your application will be treated as withdrawn. This will cause difficulties because you may not be able to re-enter the UK. You may have to submit a new application from outside the UK for entry clearance.

You can either apply for indefinite leave to remain as a Spouse under the five or ten year route to settlement in the UK.

If you are married to a British citizen then, subject to satisfying a residence requirement, you can apply to naturalise as a British citizen as soon as you are granted indefinite leave to remain.