Table Of Contents
- Who can apply to extend a UK spouse visa
- Status of your partner/spouse
- Relationship Requirement
- How to demonstrate genuine relationship requirements
- Financial Requirements
- Legitimate Source of Income
- Documents to prove you meet the minimum income requirement
- Exemption from Minimum Income Requirement
- Accommodation Requirement
- Documents to prove adequate accommodation
- English Language Requirement
- Documents to prove you have passed an English language test
- Good Character Requirement
- How to apply for a UK Spouse Visa Extension
- Conclusion
If you are living in the UK with your partner on a UK spouse visa and your visa is about to expire you can apply for a UK spouse visa extension. On an initial UK spouse visa, you are granted a leave of 30 months if you apply to switch to this visa from inside the UK or 33 months if you applied from outside the UK. A successful visa extension application will allow you to live in the UK for another 30 months. After 5 years of continuous residence in the UK, you may apply for indefinite leave to remain, and after holding ILR status for 12 months, you may apply for British citizenship.
The UK Spouse Visa is a route to settlement and citizenship in the UK. However, you need to meet the eligibility requirements of the UK spouse visa extension as you did when you initially applied for a UK spouse visa.
Who can apply for a UK spouse visa extension?
Those living in the UK as a UK spouse with their partner, who is either a British citizen or has settled status such as ILR in the UK, can apply for a visa extension should they wish to continue living in the UK with their partner. You should apply for an extension before your current visa expires.
Status of your partner/spouse
At the time of the UK spouse visa extension application, your spouse/partner still must be one of the following:
- A British citizen or
- One with settled status, such as ILR in the UK, or
- An EU national or nationals of Switzerland, Norway, Iceland, or Liechtenstein with pre settled status or
- A person with refugee status or who has been granted humanitarian protection in the UK or
- A Turkish businessperson visa holder, a Turkish worker visa holder, or
- A stateless person
1. Relationship Requirement
You and your partner must be in a “genuine relationship.” This means you and your partner are still legally married to each other and wish to continue living together permanently.
How to demonstrate genuine relationship requirements
You can prove that you have maintained a genuine relationship requirement during your stay on leave to remain as a spouse by producing the following documents:
- Your marriage certificate
- You need to prove your cohabitation with your partner during your stay in the UK. You can produce the following documents as evidence of cohabitation:
- Correspondence addressed to you and your partner at the same mailing address
- Joint mortgage or lease agreements
- Council tax bill
- Shared utility bills
- Joint bank account statements
- Photos and videos of both of you together and so on.
Documents should ideally be dated between the period starting from when you first received your UK spouse visa and when you have applied for a UK spouse visa extension.
2. Financial Requirements
You and your partner need to demonstrate that you meet the financial requirements required for a visa extension. The minimum gross annual income threshold has been raised to £29,000 for fresh UK spouse visa applications from 11 April 2024. However, those who applied for a UK spouse visa before this date and now want to apply for a visa extension need to meet the old minimum annual income threshold of £18,600.
You can also meet the financial requirement by combining the income and savings of you and/or your partner. The cash savings required to have is £16,000 or above.
If you have children
If you applied for a UK spouse visa before 11 April 2024 and are now applying for a visa extension, you need to show additional income for dependent children. If you have one dependent child under 18, the minimum income threshold goes up by £3,800 for the first child, and it increases by £2,400 for each additional child.
Legitimate Source of Income
You and/or your partner can meet the minimum income requirement through salary income, self- employment income, business income, and income from other sources such as rental income, dividend income from shares, your partner’s pension income, and so on.
Documents to prove you meet the minimum income requirement
You can produce documents such as your and/or your partner’s salary slip, bank account statements in the name of you or your partner or joint account, cash savings statement, and so on.
Exemption from Minimum Income Requirement
If your partner is a beneficiary of one of the following benefits, you don’t need to meet the minimum income requirement.
- Severe Disablement Allowance
- Attendance Allowance
- Severe Disablement Allowance
- Personal Independence Payment
- Industrial Injuries Disablement Benefit
- Carer’s Allowance
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
- Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension under the War Pensions Scheme
- Police Injury Pension
- Child Disability Payment
- Adult Disability Payment
3. Accommodation Requirement
There must be adequate accommodation for you, your partner, and dependents (if any). The accommodation must be:
- Be owned legally or occupied exclusively by you and your family for your exclusive use.
- Without any recourse to the public funds.
- Not be overcrowded.
- Not breaching public health and safety regulations.
Documents to prove adequate accommodation
You can submit documents such as property ownership documents, tenancy agreements, utility bills, or council tax bills.
4. English Language Requirement
If you are applying for a UK spouse visa extension, you have to meet the English language requirements. To meet the English language requirement, you need to do the following:
- You may have to pass at least Common European Framework of Reference for Languages (CEFR) level A2 in speaking and listening English language if you earlier passed CEFR level A1.
- If you earlier passed level A2, B1, B2, C1, or C2, you can use the test result again for your visa extension application provided your test certificate has not been withdrawn by the test provider.
- You can meet the required CEFR level by passing an approved test with an approved provider such as SELT (Secure English Language Testing).
Documents to prove you have passed an English language test
You can submit documents such as your degree certificate or an English language test certificate from an approved provider.
Exemptions
You don’t need to pass an English language test if you are one of the following:
- If you have acquired a degree overseas that was taught in the English language
- If you come from an English-speaking country such as the US, Australia, Canada, and so on
- If you are aged 65 or over or you have a physical or mental condition that prohibits you from sitting for an English language test.
5. Good Character Requirement
You can be considered of good character if you have not breached immigration laws or have been involved or convicted of any criminal offense.
How to apply for a UK Spouse Visa Extension?
You need to apply online before your existing visa expires. The earliest you can apply for is 28 days before your current visa expires. The form that you need to fill out for a spouse visa extension is Form FLR (M).
You need to pay an application fee of £1,048. You may also have to pay a fee for your biometrics and health care surcharge of £1,035 to access NHS services. Additional costs may include English language tests and availing priority or super-priority services.
Conclusion
The UK Spouse Visa is a route to settlement in the UK. The visa extension allows you to continue living with your partner and dependent (if any) for another 2.5 years, after which you may apply for Indefinite leave to remain. ILR allows you to live and work in the UK indefinitely.
The spouse visa route can finally allow you to apply for British citizenship, after which you can apply for a British passport and enjoy all the benefits that ordinary British citizens get.