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.
Further Information
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
- child
- 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
- USA
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 income
You 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 give
You’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 requirement
You 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 requirement
You 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 details
If you have a partner, you’ll be asked about their:- name
- 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 relationship
If 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 partners
You’ll need to include details of anyone you previously married or had children with. Include evidence of marriages ending, for example a divorce certificate.Children
You’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 UK
You’ll need to give details of:- countries outside the UK you’ve lived in and visited
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What is the benefit of using UK Immigration Solicitors?
Immigration rules are complex and subject to regular changes and revisions. This itself presents problems as it is the applicant’s responsibility to ensure they are aware of and have complied with any changes to the routes, processes and evidence requirements.
Failure to meet strict rules is likely to result in the application being refused which, in turn, is likely have an emotional and financial strain on you and your family.
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There are many online agencies, advisors and marketing companies who claim to be immigration experts but, provide very little expertise.
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We have illustrated our typical scope of service below so you can understand what we do for you as paid of our service:
- Our immigration specialists carry out a free detailed assessment with you to understand your circumstances and needs.
- The collated information is then reviewed by a senior immigration solicitor who will have no less than 8 years’ immigration experience.
- Based on the information collected, the senior solicitor will then confirm what your options are and will also confirm if we are able to help you.
- We will offer you an Agreed Fixed Fee quotation for us to handle your entire case until initial conclusion without obligation.
- If we have officially taken your instructions, we will create a client file for you and collect detailed initial information.
- We will then ensure you receive a personalised one-to-one legal consultation with a senior immigration solicitor who will take your full instructions by exploring your circumstances in detail and advise you on the best way to meet your objectives. The solicitor will explain the relevant legislations and provide you with advice on the steps that we would need to take to get a successful result.
- The senior solicitor who carried out your legal consultation will then send you detailed written legal advice explaining everything that needs to be done and which documents will be required as part of the process. We will tell you about any problem areas and formulate a strategy to overcome/mitigate these.
- We will carefully review any documents that you have provided in support of the application. These documents are then validated and formatted to ensure that they meet the UKVI specified evidence requirements. Where they do not, we will explain what needs to be done to address the issues.
- Where required, we will prepare any necessary written legal arguments or representations that are required to support your application and gain an approval. Often, we may be required to make discretionary submissions.
- We will complete a draft application and share this with you to ensure that all parties are happy with the representations that will be submitted to the Home Office.
- We advise you on what application processing routes are available. In some cases, there are fast track or premium processing routes available. We may be required to book a Home Office appointment on your behalf. Will also be able to confirm typical processing times for any processing centre in the world. We explain all options, routes and fees comprehensively allowing you to make the best choice.
- We lodge the application on your behalf using our secure authenticated processes. Whilst your application is pending, we continue to ensure you receive maximum legal protection and ensure that your rights and allowances are upheld throughout the processing stage. We ensure that you are aware of and remain compliant with the immigration rules and regulations during this period. We will also keep you updated on the progress of your matter.
- If any follow up work is required in response to any queries raised by the UKVI, we will also deal with these as part of the comprehensive service.
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Here are just some of the reasons to choose us:
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What is Free Needs Assessment?
The assessor will establish why you are calling and what you are looking for assistance with. The assessor will ask you a series of questions to determine your circumstances in relation to your objectives.
The assessment is 100% private and confidential. As we are a private law firm, we work with our clients to overturn Government decisions daily. We do not share any information with any third party.
Although the assessor will be a trained immigration specialist, they are not solicitors and therefore will not give you detailed legal advice or guidance.
If you want to establish what your options are and the best way forward for you, your assessor will collate the necessary information and then speak with one of the resident senior solicitors at the firm to determine what your options are, if and how we could assist and confirm whether we would be prepared to take your case. If we can assist, you will be provided with an Agreed Fixed Fee quotation which is a single legal fee to cover the firms cost of representation agreed from the outset and binding for all parties.
The free assessment is no obligation and you are merely given clarity on your position and options to move forward.
If you have a complex matter or require legal advice regarding a specific issue, you will most likely require a legal consultation.
This is a separate service and is chargeable at the prevailing rates.
Please note, UK Immigration Solicitors are a private law firm and are not part of the Government. We do not accept legal aid instructions. Although we are happy to assist genuine callers, we are not a directory service and sadly are unable to provide you with Government telephone numbers.
To get started you can either call us on 0203 384 4389 or complete the assessment form and one of the team will call you
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