Table Of Contents:
- UK Spouse Visa for 2.5 Years
- UK Spouse Visa – What Happens after 2.5 Years
- Significance of UK Spouse Visa Extension after 2.5 Years
- Applying for a UK Spouse Visa Extension after 2.5 Years
- How Can We Help
If you are a non-UK national living in the UK with your partner who is either a British citizen or has settled status on a spouse visa, you would have been granted an initial leave of 2.5 years. If you want to continue living in the UK with the same partner, you need to apply for a visa extension, or else you will need to leave the UK or apply for a different visa. It will also break your continuous residence in the UK. A discontinued residence will make you wait longer in order to complete the 5 years continuous residence requirement, which is essential for settlement, i.e., Indefinite Leave to Remain.
UK Spouse Visa for 2.5 Years
To qualify for a UK spouse visa, you must demonstrate that the relationship between you and your UK partner is genuine and subsisting, and you and your partner meet the financial threshold. You must provide extensive evidence to demonstrate that you meet the relationship, financial, and other eligibility requirements for the visa.
If your spouse visa application is successful, you will usually be granted a leave of another 2.5 years or 30 months.
During this period of 2.5 years, you can live, work, and access public services in the UK. You must continue to live with the same partner during this period. After 2.5 years, your spouse visa will end, and therefore, if you want to continue living with your partner in the UK, you must apply for a UK spouse visa extension at the end of 2.5 years.
UK Spouse Visa – What Happens after 2.5 Years?
In simple terms, your UK spouse visa ends after 2.5 years. This means you can no longer continue to live with your partner in the UK on this visa if you don’t apply for a visa extension and receive permission successfully.
To apply to extend your spouse visa after 2.5 years, you must demonstrate to the Home Office that you continue to meet the same eligibility conditions that you met when the Home Office first granted you the visa. The Home Office will want to ensure that your relationship remains genuine and subsisting, and you and your partner can continue to support yourselves and dependent child (if any) financially without recourse to public funds.
There can be 3 possible scenarios during or at the end of the UK spouse visa after 2.5 years.
1. Your Relationship Continues with the Same Partner
If you continue to be in a genuine and subsisting relationship with the same partner you may apply for a spouse visa extension. You must meet other eligibility conditions, the same as those you met when you were first granted a spouse visa. If you meet the eligibility requirements, you may be granted an extension of another 2.5 years.
Once you complete 5 years of continuous residence in the UK, you may be eligible to apply for indefinite leave to remain, provided you meet the other eligibility conditions.
2. Your Relationship Has Broken Down
If your relationship breaks down while you are on a spouse visa, the Home Office may curtail (shorten) your visa. In such a situation, the Home Office usually will give you a limited time (usually 60 days) to either apply for a different visa, such as a work visa, or leave the UK. You and your partner both must inform the Home Office of the separation or divorce.
If your relationship breaks down due to domestic violence or abuse, there are specific provisions and support available for you. You may be able to apply for a visa under the “domestic abuse route.”
3. Your Partner Dies
If your partner dies while you are in the UK on a spouse visa, you may apply and be granted Indefinite Leave to Remain (ILR), also known as settlement, as a bereaved partner. If the Home Office grants you ILR, you will be able to stay in the UK permanently, even after your partner’s death. You can apply for ILR at any time after your partner’s death, as a bereaved partner. You don’t need to wait for your visa to expire in order to apply for ILR as a bereaved partner.
Significance of UK Spouse Visa Extension after 2.5 Years
The Spouse visa extension at the end of the initial spouse visa is a necessary step if you are seeking long- term residency and to remain in the UK with your partner. The 2.5 years are half way to the settlement after 5 years, this provides an opportunity for the UK Government to check whether your relationship continues to meet the requirement and is genuine and subsisting.
After the Home Office grants you an initial leave of 30 months on a spouse visa, you need to apply for an extension to reach the requisite five years of continuous residence for indefinite leave to remain (also known as settlement). Without this extension, you may face interruptions in your immigration status, and this can potentially disrupt your plans to settle in the UK permanently.
Once you obtain ILR, you get the right to live, work, and study in the UK without time and immigration restrictions. You can access certain public funds and enjoy greater job flexibility. Achieving ILR also takes you one step closer to applying for British citizenship, which you can apply immediately after receiving ILR if your partner is British.
Thus, the spouse visa extension is not just a renewal process of the permission to stay; for your longer- term plan, it is essential to secure a permanent and stable future in the UK as a couple.
Applying for a UK Spouse Visa Extension after 2.5 Years
The UK Spouse visa is a temporary visa. If you want to remain in the UK lawfully beyond the initial permission, you must apply to extend your stay. You may also apply for a different visa category if you are no longer eligible as a spouse for reasons such as separation or divorce from your partner. For a Spouse visa extension, you will have to demonstrate to the Home Office that your relationship remains genuine and subsisting.
You must apply for a visa extension to remain in the UK before your current visa expires at the end of 2.5 years, or you will become an overstayer, which means you are living illegally in the UK. You may have to face severe consequences for it.
The earliest date you are allowed to apply for a UK spouse visa extension is 28 days before the current visa expires.
The Home Office usually takes 8 weeks to process spouse visa extension applications. However, the time taken to process an application for extension can vary depending on your personal circumstances and the volume of applications the Home Office is processing. In some situations, particularly if the Home Office requires additional documentation or if an interview is necessary, it may take longer to process your application.
While awaiting a decision, you can remain in the UK under the same conditions if you apply for an extension before your current visa expires.
Once the Home Office grants you a Spouse Visa Extension after 2.5 Years, you will receive a new eVisa (this has replaced the Biometric Residence Permit (BRP)) valid for another 2.5 years. After you complete 5 years of continuous residence in the UK, you may be eligible for Indefinite Leave to Remain (ILR).
How Can We Help?
We have the expertise in applying for a UK spouse visa and a UK spouse visa extension after 2.5 years. We help you apply for a UK spouse visa extension application through the process mentioned below.
- We offer free assessment of your case and confirm the chances of success.
- We introduce you to our caseworker, who discusses your case in detail and discusses key dates.
- We give you a list of documents, you need to provide, relevant to your case.
- We review your documents and give the necessary feedback.
- We prepare and submit your UK Spouse Visa Extension Application to the Home Office.
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