UK Spouse Visa Extension

Once you have obtained the initial tranche of Spouse Visa/Marriage Visa or Unmarried Partner visa the visa is granted to you for a 30 month period.

You should apply for extension 28 days before your visa expires.

Once you have completed 60 months in the UK you can apply for Indefinite Leave to Remain in the UK, provided that you meet the requirements under Appendix FM of the Immigration Rules and also meet the English language and Life in the UK test requirement.

If you are in the UK already on some other visa then also you can apply to switch to UK Spouse Visa. Once you are granted UK spouse visa you can stay with your married partner and you are allowed to work or study in the UK during your stay in the UK.

You must apply for an extension before your current UK spouse visa expires, otherwise, you may have to leave the UK.

Requirements to be met for an extension

The applicant will need to meet certain requirements for the UK spouse visa to get a visa extension successfully. These requirements are the following:

  1. Financial Requirement

You need to show that you and your partner can meet the financial requirements and would not require any access to public funds. As you are allowed to work in the UK on UK spouse visa, so you can surely use your income if you are working and adding to that your partner’s income will be sufficient to meet all your financial requirements. You can also add your savings and other incomes like rental income from properties or pension etc. You must provide documents as evidence to show all this.

  1. Cohabitation Requirement

Apart from meeting financial requirements you also need to show with evidence to the Home Office – that you and your partner have been living together in the UK. To prove this you can provide documents like council tax bills, bank statements, utility bills etc. which are addressed to either jointly or items in each of your names. These supporting documents should be covering 2 years prior to your visa extension date.

  1. Time period spent outside the UK during your existing stay

Though Home Office does not impose any time restriction that you must not spend outside the UK during your stay in the UK on current UK spouse visa, however, what they do want to be satisfied with the fact that you are your partner intend to live together. But if you want to apply for citizenship later on then you should avoid spending more than 90 days on an average in 1 year.

Please note requirements may change according to circumstances of the applicant and the requirements stated are not exhaustive.

If you need expert help and advice for your UK Spouse Visa Extension contact Visa and Migration on 02034111261

 

What documents do you need to apply for Spouse Visa?

Spouse Visa is a category under Settlement Visa. People who are either holding Indefinite Leave to Remain or a British citizen – present and settled – in the UK can bring his/her spouse to the UK.

Sponsoring partner

To complete the immigration process settled partner in the UK need to sponsor their partner’s application so that he/she can join them in the UK. To be a sponsor you need to meet one of the following:

  • You must be a British Citizen or
  • You must have settled status or indefinite leave to remain in the UK or
  • You must have asylum or humanitarian protection in the UK.

Eligibility

Both the partners must meet some eligibility criteria in order to one partner from the outside UK to join the other UK resident partner in the UK. These criteria are set by the Immigration Authorities in the UK. These eligibility criteria are the following:

  • Both must be over 18;
  • Applicant’s partner who they want to join must be a British citizen or ILR holder;
  • There must be a marriage or civil partnership between the two and it must be recognized in the UK;
  • The Relationship of the couple must be genuine and subsisting;
  • The applicant must meet the English language requirements;
  • The applicant must not for refusal under the suitability requirements; and
  • The applicant must be maintained and accommodated in the UK.

Documents required to apply for a UK spouse visa

The documents required generally depend on the circumstances of the applicant case and the evidence changes according to circumstances of the applicant.

Some documents which are applicable to all cases are mentioned below:

  • Printed application forms;
  • Your current passport or valid travel identification document;
  • Passport sized photographs;
  • Evidence showing your identity and status in the UK;
  • Documents to show the marital status between the two;
  • Evidence of intent that you and your partner want to live together in the UK;
  • Documents to show that partner in the UK has adequate accommodation;
  • Documents to prove that you can meet the financial OR maintenance requirement if receiving permitted benefits;
  • Proof that your partner has the knowledge of the English language;
  • Your partner’s valid TB test certificate- where applicable; and
  • Sponsorship form.

If along with your partner your child or children are also applying to travel to the UK, then below mentioned documents should also be submitted. However, this is not a complete list.

  • Current passport or valid travel identification document of the child/children;
  • Previous or expired passports of the child if any;
  • Passport sized photographs of child/children; and
  • Valid TB test certificate of child/children where applicable;

So, once you submit your application with appropriate documents then you have a fair chance to get a successful decision on your application else your application may get rejected. So, you should always seek the advice of expert about it so that you don’t make a big mistake.

Visa and Migration Ltd specializes in UK immigration law and our lawyers can help you achieve a successful outcome on your application. If you want our legal assistance, please call 02034111261 or complete the contact us form on the right hand.

 

How to Apply for a UK Spouse Visa from outside UK

If you are in UK already and want your spouse to join you in UK then he/she needs to apply for UK spouse visa. If they want to join you in UK for less than 6 months then you or your partner can apply for UK Visit Visa but if they are looking to join you in UK for over 6 months then you or they need to apply for UK spouse visa. Your spouse can be husband, wife or civil partner. Your fiancé can also join you for initial 6 months and then for further leave as a spouse after this time. In such situation your spouse or fiancé is called ‘dependent’ and you are known as ‘sponsor’. Your spouse needs to make visa application from outside UK.

 

How to apply from outside UK?

 Though this is always considered as Spouse Visa but what visa category they need to apply depends on your actual status in UK. Like if you are a British Citizen or a settled person in UK which means you have ILR status or then your spouse needs to apply for ‘family of a settled person’ visa. But if you are in UK on Tier 2 General Visa or Tier 4 Student Visa then your partner needs to apply for dependent of Tier 2 and Tier 4 visa holder respectively. Visa application can be made both by you and your spouse or partner. If you make the application for them you can do from within UK and if your spouse applies for UK spouse Visa then they need to it from outside UK.

 

Those applying from outside UK must meet certain requirements for successful spouse visa. They are following:

 

  • You and your spouse must be 18 years or above.
  • You must have met each other and be got married legally.
  • You must show that both of you are in genuine relationship.
  • You both must intend to live together permanently.
  • Your partner in UK must have enough money to support you and other dependents (if any) without claiming public funds.
  • Your sponsoring partner must meet minimum income requirement of £18,600 per year or must have enough savings to be able to sponsor you. In case your sponsoring partner is also sponsoring one dependent child then the minimum income requirement would be £22,400.
  • Your sponsoring partner must have suitable accommodation for both of you and any dependents.
  • You must meet the English language requirements.

Once you and your sponsoring partner meet all the above conditions you can apply for UK spouse visa from outside UK. You must apply online from outside the UK. You need to fill in information and send required documents. You also may have to go for an interview as part of the UK Spouse Visa application and it may take long time for an interview as well. During the interview you will be asked questions about the relationship between you are your partner in UK and if you both are already married then they can ask for the evidence like marriage certificate.

How long can you stay?

Spouse (husband, wife and civil partner) can stay in UK for up to 33 months after successful visa and after this period they can apply for extension for another 2 years and 6 months. After 5 years you can apply to settle in UK.