Spouse Visa Extension

How Can I Apply For Spouse Visa Extension?

If you have been in the UK on a Spouse Visa or Marriage Visa, you can seek a Spouse Visa extension once your original visa expires. The duration of the original Spouse Visa is 30 months. If you are eligible and successfully receive an extension, you are allowed to stay in the UK for another 30 months.

However, you must meet a wide set of requirements when seeking an extension to your Partner Visa. The Spouse Visa solicitors at the London-based Adam Bernard’s law office can help you with meeting these requirements and filing an application.

Requirements for Spouse Visa Extension

The requirements for an extension to your Spouse Visa are like those that govern the standard Spouse Visa. Our visa extension lawyers can explain these requirements to you in detail.

In general, these requirements ask you to prove your relationship to the UK partner or spouse, your ability to meet your financial needs during your stay in the UK, and your commitment to follow British rules and laws.

You can break down the requirements for a visa extension into four broad categories:

  • Relationship Requirements. You must be able to demonstrate that you live in a meaningful relationship with your UK spouse. The Home Office requires you provide relevant evidence to substantiate this.
  • Financial Requirements. You must meet a minimum income threshold to show that you and your partner or spouse has the combined means to support your extension stay in the UK.
  • English Language Test Requirements. When you apply for an extension, you must undergo English language test and meet a minimum required level of proficiency if you do not qualify for an exemption.
  • Good Character Requirements. The Home Office also requires you to meet Good Character requirements to be eligible for a Spouse Visa extension.

You can consult our experienced Spouse Visa solicitors to get step-by-step help and guidance in meeting each set of requirements.

Relationship Requirements

The first condition to be eligible for an extension to your Marriage Visa is that you must be in an ongoing, meaningful relationship with your UK spouse or partner.

If you married to your spouse or in a civil partnership, a marriage certificate or civil partnership certificate will be required as a proof. If the relationship between you and your spouse or partner is not legally formalised, you must provide other evidence that shows that an ongoing relationship exists.

A part of this is to prove that you and your spouse have been living together during your stay in the UK. You can provide evidence such as correspondence addressed to both of you, bank statements, utility bills, or council tax bills to prove cohabitation.

You must also show that you intend to continue living with your partner or spouse once you are granted a visa extension. If you are not sure how to meet this requirement, our visa extension lawyers can guide you.

Financial Requirements

Financial requirements are an important of a Spouse Visa application. They also carry significant important when you are seeking a visa extension. It is best to get the help of visa extension lawyers when understanding and fulfilling these requirements.

You and your partner must have a combined income of at least £18,600 for you to meet the financial requirements. You can meet this requirement by using cash savings if they are £16,000 or above, income from employment or self-employment means of your partner and yourself, as well as any bereavement benefits or maternity allowances.

If you also have a child who qualifies as a dependant, the combined income requirement threshold is increased to £22,400. For more than one child, the threshold increased by another £2,400 for each subsequent child.

A child qualifies as a dependant if he or she is aged under 18, has a non-EEA country of origin, and is financially dependent on your or your spouse.

Our Spouse Visa extension solicitors can help you compute the total financial commitment you must be able to meet when applying for the visa.

Financial Requirement Exemptions

Most applicants seeking an extension to their Spouse Visa must meet the financial requirements noted above. However, some applicants can qualify as an exemption. Whether or not you can qualify for an exemption depends on the status of your UK spouse, also known as the sponsor. You qualify for an exemption if your spouse receives any of the following:

  • Police Injury Pension
  • Armed Forces Independence Payment
  • Armed Forces Compensation Scheme’s Guaranteed Income Payment
  • War Pensioners’ Mobility Supplement
  • War Pension Scheme’s War Disablement Pension
  • Constant Attendance Allowance under War Pension Scheme
  • Carer’s Allowance
  • Severe Disablement Allowance
  • Benefits under Industrial Injuries Disablement
  • Personal Independence Payment
  • Disability Living Allowance
  • Attendance Allowance

If you are not sure whether you qualify for an exemption, you can consult our Spouse Visa extension solicitors for detailed help.

Good Character Requirement

You must also demonstrate ‘Good Character’ to be eligible for a Spouse Visa extension. The Home Office considers the following two elements when determining if you meet the requirement:

  • Your Immigration History. You must not have breached any immigration rules or broken any other rules that were applicable to your UK residency during your stay on the Spouse Visa.
  • Your Life in the UK. You must not have been convicted of any recent or severe criminal offence. If you owe any money related to litigation or NHS funds, the Home Office will also take this into consideration when deciding whether you meet the Good Character requirement.

Our visa extension lawyers can work with you to determine if anything exists on record that can create a problem in meeting the ‘Good Character’ requirement.

English Language Test Requirement

When applying for an extension to your Partner Visa, you are typically required to show that you meet the A2 level of English language proficiency in listening and speaking. You can take any approved language test, such as IELTS, to meet this requirement.

You must take the test at a designated centre. In some cases, an applicant is exempt from taking the test if:

  • The applicant is aged under 18 or over 65
  • The applicant has studied in an English-language degree program at a UK NARIC-recognised institute
  • The applicant is physically or mentally unable to take the test
  • The applicant is the national of a country where English is the national or majority language

Our qualified Spouse Visa extension solicitors can help you determine whether you can seek an exemption from this requirement.

Applying for Spouse Visa Extension

You must fill out the FLR (M) Form when submitting a Spouse Visa application for extension. This application is considerably different from one you must submit for a Marriage Visitor Visa.

The FLR (M) Form asks you to provide the following:

  • Personal Information. You must provide a valid identification process, such as a passport, to prove your own identity. Identification details of your partner and any dependent children will also be required.
  • Financial Information. You must provide financial evidence such as payslips or bank statements to prove that you meet the financial requirements for visa extension.
  • Relationship Information. You will need to add evidence that clearly proves your relationship with your UK spouse or partner.
  • English Language Certification. If you do not qualify for an exemption from the English Language testing requirement, you must append proof that you have passed the test with the required minimum level.

Filling out the form on your own can be a daunting process. You can seek the help of our visa extension lawyers to guide you in correctly filling and submitting the form.

Spouse Visa Extension Fees

The basic fee to seek an extension to your Spouse Visa is £1,033. You must pay this fee when you are submitting your application. If you fail to pay the fee before application, it will face immediate rejection.

You may also need to consider other fees when applying. If your documents are not in English or Welsh, you may need to have them translated for a fee. The Home Office requires you to provide your biometric details and receive a Biometric Residence Permit (BRP). BRP carries an additional fee of £19.20.

What if Your Spouse Visa Extension is Rejected?

You have several options if you extension application is rejected. These options will be listed on the letter of rejection you receive. For incomplete applications, the best way forward is to rectify the omissions or errors and resubmit the application.

If your application was rejected for another reason which you think is unfair, you can request an administrative review. A final option is Judicial Review which is rare and can take a long time to conclude.

You typically need legal help once your application is rejected. It is best to consult qualified Spouse Visa extension solicitors when you go for an administrative or judicial review.

What to do After Getting an Extension

Once you receive an extension to your Partner Visa, you are allowed to reside in the UK for another 30 months. By the end of your extension, your total residency period in the UK amounts to 5 years. This makes you eligible to apply for Indefinite Leave to Remain (ILR).

ILR grants you the right to work, live, and move around in the UK without any immigration restrictions. You can then apply for British naturalisation to become a UK national after you have held the ILR status for at least 12 months.

How Can Adam Bernard’s Spouse Visa Solicitors Help?

Applying for an extension to your UK Spouse Visa can be a daunting process. You must meet a wide range of requirements, furnish relevant documentation, evidence and ensure that you have passed the relevant tests.

The visa extension lawyers at London-based Adam Bernard’s law office can make the process easy and smooth for you. We offer comprehensive advice on every step of the application process. This lets you bring together your application, meet all requirements, and improve your chances of successfully getting a visa extension.

Call us now at 0207 100 2525 to discuss your immigration case with our visa extension lawyers.

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      Please call 020 7100 2525 or fill in the form below.

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      0207 100 2525