Extension of Spouse Visa

Requirements for Spouse Visa Extension

The requirements for extending a Spouse Visa broadly reflect those of the initial application. However, the Home Office expects updated and ongoing evidence.

In general, you must show:

• Your relationship is continuing and genuine
• You meet the current financial requirement
• You satisfy the English language requirement
• You have complied with UK immigration laws

These requirements fall into the following categories:

• Relationship Requirements
• Financial Requirements
• English Language Requirement
• Good Character Requirement

Our knowledgeable UK immigration solicitors in London will check your eligibility and suggest the best way to get your application approved.

Financial Requirements for Spouse Visa Extension

One of the most common reasons for spouse visa refusals is not meeting the financial requirement.

Current Minimum Income Threshold

As of April 11, 2024, the minimum income needed to extend a UK spouse visa is £29,000 a year (this may change in the future by the Home Office).

Income can be met through:

• Working for a salary or no
• Income from being self-employed or a director
• Money saved
• Some benefits that are allowed

Depending on your job type, income history, and family situation, different rules apply.

Our top spouse visa lawyers in London give clear financial assessments to make sure that the Immigration Rules are followed.

Relationship Requirements

To get a spouse visa extension in the UK, you must show that your relationship with your British or settled partner is still going strong and is real.

You need to prove that:

• You are still legally married or in a civil partnership, or
• You are in a long-term, stable relationship, and
• You have lived together in the UK while on your current visa, and
• You plan to live together in the UK for good.

Some common supporting documents are:

• Letters from the council tax office or joint utility bills
• Joint bank statements
• Rental agreements or mortgage papers
• Official letters sent to both partners

When things get complicated, like when you have to travel for work, separate for a while, or make cultural arrangements, you should get professional legal advice.

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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.

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.

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Spouse Visa Extension Fees

The basic fee to seek an extension to your Spouse Visa can be found on the home office website. 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).

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.

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.

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.

What if they say no to my spouse visa extension?

In the event that they reject your application, you may have the following options:

• Filling out a new application for a spouse visa
• Asking for an administrative review
• Limited cases of judicial review

You must quickly deal with refusals to avoid overstaying.

What Happens After You Get a Spouse Visa Extension?

If the extension is approved, you can stay in the UK for another 30 months.

You may be able to apply for Indefinite Leave to Remain (ILR) after being on the spouse visa route for five years.

ILR removes limits on immigration and could eventually lead to British citizenship.

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