Applying for a spouse visa extension is a rigorous process that requires careful preparation and thorough documentation. It should be done at least 28 days before the existing spouse visa expires.
A successful spouse visa extension means that you will be able to continue living in the UK with your partner for 30 months. After this time, you will be eligible to apply for Indefinite Leave to Remain (ILR) which will allow you to live, work and study in the UK without restrictions.
Genuine relationship
A relationship that is genuine can help to prove you meet the requirements for a spouse visa extension. You will need to show the Home Office that you have been in a long-term, committed and permanent relationship with your partner and that you wish to continue that relationship indefinitely.
This can involve evidence that the couple has been living together, such as tenancy agreements, and/or shared documents, such as utility bills. You may also be required to provide a range of photographs of the couple together, including ones from weddings and other special events.
You should also make sure that the relationship is based on mutual commitment and trust. The Home Office will be looking for this in all of the relevant documents that you submit with your application.
As with all aspects of the Home Office’s decision-making process, the question of whether a relationship is genuine and subsisting is a case-by-case decision and will be based on a number of criteria. The Department will consider four matters: financial, household, social, and commitment aspects of the relationship.
To satisfy the requirement for a spouse or unmarried partner visa UK, you need to demonstrate that you have been in a long-term and committed relationship with your partner for at least two years. This does not have to be continuous but can include periods of separation where you live in different countries or areas.
You can use a variety of ways to demonstrate that you have been in a genuine and ongoing relationship with your partner, such as providing copies of emails sent between the couple, or screenshots from email or text messages. Alternatively, you could provide proof that the couple has shared trips and/or has attended events in the UK as a couple.
Having a genuine and lasting relationship can be challenging for some people, especially when it comes to applications for visas. This is because the Home Office does not offer a clear set of guidelines regarding the type of evidence that it accepts as demonstrating a genuine and ongoing relationship.
The most common reasons couples are denied a spouse or unmarried partner visa are because they have failed to provide enough proof of the relationship. If this is the case, you should seek legal advice as soon as possible. You may be able to get the Home Office to reconsider your case through an official appeal or administrative review.
Accommodation
If you are applying to extend your spouse visa, you must be able to show that you and your partner have adequate accommodation. This means that you will need to prove that your home is safe, meets public health regulations, and has enough space for the two of you and your family.
This is an important requirement because it ensures that your family will have a place to live while in the UK. It is a vital part of the immigration rules and failure to meet this can result in your application being rejected by the Home Office.
You should also be aware that the Home Office will not allow you to apply for a spouse visa extension if you do not have enough money to support yourself and your family in the UK. This means that you and your partner will need to have at least PS18,600 per year (for each applicant), as well as savings of at least PS62,500 or a permitted combination of the two.
In some cases, you may be able to overcome this by providing evidence that you can afford the costs of living in the UK with your family. This could include proof of your income and savings as well as details of any benefits that you receive.
The other option is to provide a letter from your landlord confirming that you are allowed to occupy the property and that your rent payments are up to date. This can be provided via a copy of the deeds, mortgage documents, or a tenancy agreement.
If you are relying on the income of your partner, this should be shown in the form of payslips and bank statements. You will also need to provide a certificate of marriage or civil partnership, or an equivalent document from the country you are living in, if applicable.
You can also challenge the decision to refuse your application by appealing. However, this can take months and you should seek advice quickly if you feel that the Home Office has made an unfair decision.
Financial requirement
The financial requirement is an essential aspect of the application process, and it is crucial to understand what is required. This can be complicated, and it is often best to seek guidance from a professional immigration lawyer.
The main source of income you need to show will depend on your situation, and this can include wages, self-employment, pensions, and savings. You can also meet the financial requirement by receiving a benefit such as the Disability Living Allowance or Carer’s Allowance.
In addition to meeting the financial requirement, you will also need to prove your good character. This is based on your immigration history and how you have behaved while in the UK. If you have a criminal conviction, have broken the law in any way, or have accumulated a large debt, for example to the NHS, you will not be eligible to apply.
Another way to satisfy the financial requirement is by demonstrating that you have received enough money to financially provide for your partner (also called ‘adequate maintenance’). The amount needed will depend on your circumstances and whether or not you have children, and it may be difficult to meet this if you are receiving any other benefits.
One of the ways to show that you have met this requirement is by including your employment income in your Spouse Visa application. This is especially true if you are in the UK on a visa that allows you to work.
For example, if you are on a Skilled Worker visa and have worked in the UK for 6 months or more, this can be included in your spouse’s visa application.
Alternatively, if you own property in the UK and your partner owns a share in it, you can include this as income. It is also possible to include any other income that your partner receives, such as a rental property or any form of social security benefit they receive.
The financial requirements for a spouse visa extension are complicated, so it is recommended that you get help from an experienced immigration solicitor. This will ensure that you are able to understand the requirements and fulfill them successfully.
English language requirement
If you are planning to apply for a spouse visa extension, you will need to meet the English language requirement. This requirement is set out in Appendix FM of the Immigration Rules and will apply to all applications made for a partner visa, civil partner visa, or unmarried partner visa.
To meet this requirement, you will need to have a good enough understanding of the English language to live and work in the UK. This can be done by completing an approved English language test, or by providing other evidence.
The requirement to prove you have a good understanding of the English language is an important one as it is designed to encourage migrants to settle in the UK and make them more integrated into the country’s culture. It also ensures that those with English as their first language can be more likely to settle here permanently and will not be disadvantaged in terms of job prospects.
A number of ways to demonstrate your English language ability can be used, including a degree awarded by a recognised university or a certificate of competency from an English language course. However, these methods of demonstrating your language ability may not be sufficient to meet the requirements, and you will need to complete an approved English test, a ‘Secure English Language Test’ (SELT), to prove your knowledge of the English language.
For applicants applying for a spouse visa extension, you will be required to satisfy a minimum level of ‘A2’ in speaking and listening under the Common European Framework of Reference for Languages (CEFR). You can rely on an English test that you have previously taken, or a test is taken at a higher level as long as it has been completed at a test centre approved by the Secretary of State for the Home Office.
You can also be exempt from the English language requirement if you are a national of an English-speaking country or if you have a physical or mental condition that prevents you from meeting the requirement. This condition must be able to be demonstrated in a medical opinion and must be accompanied by an explanation of why you should be exempt.
