Spouse Extension Visas
A spouse is defined as: ‘a husband or wife, considered in relation to their partner.’
If you are currently living in the UK on a Spouse or Civil Partner Visa, after 30 months, you can apply for a UK spouse visa extension.
In order to be eligible for a Spouse Visa Extension, you will need to ensure that you still meet the same requirements that you met when you were granted your original Spouse Visa.
In addition to meeting the spouse visa requirements, you would have to satisfy the Home Office that you;
have a genuine subsisting relationship with your partner (demonstrated by specified evidence)
continue to meet the financial requirements
are able to pass a CEFR A2 English test
Getting things right first time is imperative to avoid your existing visa expiring. Furthermore, failure to maintain continued residence is likely to cause significant issues when attempting to achieve Indefinite Leave to Remain.
Our specialist team is able to help you navigate the pitfalls of the UKVI requirements and ensure that your extension application is correctly prepared to promote the right outcome first time round.
Speak to our assessment team now to confirm your eligibility and options for free on 0203 384 4389.
What you'll need to prove
You must be able to prove one of the following:
- you’re in a marriage that’s recognised in the UK
You also need to prove you:
- have a good knowledge of English
- can financially support yourself
If you do not meet these requirements you may still be able to apply for a visa or extend your permission to stay if:
- you have a child in the UK who is a British citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK
- there would be very significant difficulties for you and your partner if you lived together as a couple outside the UK that could not be overcome
- it would breach your human rights to stop you coming to the UK or make you leave
How long you can stay
Applying with your children
When you can settle permanently
The earliest you can apply to settle in the UK (called ‘indefinite leave to remain’) is after you’ve lived in the country for 5 years continuously with permission to stay (‘leave to remain’) as a spouse. You cannot count any permission to stay in the UK as a fiancé, fiancée or proposed civil partner.
The rules are different if you applied before 9 July 2012.
If you applied before 9 July 2012
- you were given permission to stay in the UK as a partner before 9 July 2012 you are not eligible to settle
- you have not been granted or refused another visa You must also prove that:
- you and your partner have enough money to adequately support and accommodate yourselves and any dependants without relying on public funds
- you have good knowledge of English
Knowledge of English
- adult coming to be cared for by a relative
- you have a degree or academic qualification that was taught or researched in English
- your qualification is recognised by UK NARIC as being equivalent to a UK bachelor’s degree or higher
- you’re over 65
- you have a physical or mental condition that prevents you from meeting the requirement
- Antigua and Barbuda Australia
- the Bahamas Barbados Belize Canada Dominica Grenada Guyana Jamaica New Zealand
- St Kitts and Nevis St Lucia
- St Vincent and the Grenadines Trinidad and Tobago
Proving your income
- British citizens
- EEA nationals permanently settled
- £3,800 for your first child
- £2,400 for each child you have after your first child This is the called the ‘minimum income requirement’.
What counts as incomeYou and your partner can use:
- income from employment before tax and National Insurance (check your P60 or payslips) – you can only use your own income if you earn it in the UK
- income you earn from self-employment or as a director of a limited company in the UK – check your Self Assessment tax return
- cash savings above £16,000 money from a pension
- non-work income, for example from property rentals or dividends
What proof you need to giveYou’ll need to send proof of your income with your application. If you or your partner are employed, you could include:
- bank statements showing you or your partner’s income 6 months of payslips
- a letter from an employer, dated and on headed paper The employer’s letter should confirm:
- you or your partner are employed there
- the job title or position you or your partner hold how long you or your partner have worked there
- the type of contract (for example, permanent, fixed term)
- what you or your partner earn before tax and National Insurance how long you or your partner have been paid your current salary the payslips are genuine
- you or your partner’s income is more complicated
- you or your partner have taken maternity or paternity leave in the last 6 months you want to combine different income sources
If you cannot meet the minimum income requirementYou need to show you and your partner meet the minimum income requirement if you want to settle in 5 years as a partner.
If you do not meet the requirement, you may be able to settle in 10 years.
When you do not need to meet the income requirementYou may be able to settle in 5 years without meeting the minimum income requirement if either:
- you’re applying as a parent
- you get certain benefits, for example Disability Living Allowance or Carer’s Allowance.
Information you must provide
- give all your names give your date of birth
- send your current passport or other valid travel ID send your previous passports
- send your biometric residence permit, if you have one
- send 2 passport-sized colour photos
- give details of any previous immigration applications you’ve made give details of any criminal convictions
- give your national insurance number, if you have one
- give your parents’ date of birth and nationality if you’re applying from outside the UK
- your tuberculosis test results if you’re from a country where you have to take the test
- provide a translation of any document that is not in English or Welsh
- your finances
- how well you speak and understand English
Your partner’s detailsIf you have a partner, you’ll be asked about their:
- date of birth nationality passport
- right to be in the UK, for example they’re a British citizen You’ll also need to give details of:
- any people your partner was previously married to, in a civil partnership with or had children with
- evidence of marriages ending, for example a divorce certificate anyone your partner supports with money, for example their parents
Proof of relationshipIf you’re applying as a spouse or partner, you’ll be asked about:
- your relationship with your partner, for example how you met and how often you see each other how long you’ve lived together – you’ll need to send proof like council tax bills
- things you pay for together whether you’re your partner’s carer
Your previous partnersYou’ll need to include details of anyone you previously married or had children with. Include evidence of marriages ending, for example a divorce certificate.
ChildrenYou’ll need to give details of your children (and your partner’s children if you have one). You’ll be asked about all children, even if they’re not applying. You’ll need to give details of:
- their name their nationality
- their date of birth their passport details
- who the child normally lives with
- any other people with parental responsibility for your child, for example your step children’s other parents how you’re involved in their day to day life
- arrangements you have to see the child – for example the courts have granted you access the child’s extended family
- any countries your child has visited or lived in
Your life outside the UKYou’ll need to give details of:
- countries outside the UK you’ve lived in and visited
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