UK Spouse Visa Extension After 2.5 Years

by | Nov 26, 2024 | Further Leave to Remain, Partner & Family Visa, Spouse Visa Extension, UK Immigration

The UK Spouse Visa extension is a vital step for those seeking to maintain lawful residence in the UK under the Family Route and work toward settlement. With updated rules and financial thresholds now in place, it is crucial to understand the detailed requirements, processes, and costs involved in this application. In this post, we discuss the UK Spouse Visa Extension application process following your initial period of residence, otherwise known as FLR(M). 

Why a UK Spouse Visa Extension Is Necessary

A UK Spouse Visa is typically granted for an initial 30 months (2.5 years). Before this period ends, you must apply for an extension to remain in the UK with your partner. Failing to apply before your visa expires could result in significant complications, including being categorized as an overstayer and losing your lawful immigration status.

The earliest you can submit your application is 28 days before your current visa expires. Timely submission ensures the continuity of your legal status and allows for potential processing delays.

Requirements for a Spouse Visa Extension

To apply for a UK Spouse Visa Extension, you must meet the following requirements:

Relationship Requirements

You will need to demonstrate your relationship with your partner, who is a British citizen or permanent resident in the UK, and that: 

  • Your relationship with your sponsoring partner must remain genuine and subsisting, and
  • You must be living together in the UK and intend to continue living in the Uk for the foreseeable future.

Financial Requirements for Spouse Visa Extension

From 11 April 2024, the minimum income requirement for new Spouse Visa applicants increased from £18,600 to £29,000 per annum. Applicants already on the 5-year Partner Route or those who initially applied before this date and are applying to remain with the same partner remain subject to the earlier £18,600 threshold. For applications before April 11, 2024, an additional £3,800 is required for the first child and £2,400 for each subsequent child, excluding children who are British or settled.

Income can be demonstrated through employment, self-employment, cash savings over £16,000, or non-employment income from property rental or pensions.

For applications made on or after 11 April 2024, the threshold is £29,000, with no additional requirements for children. 

To discuss your Spouse Visa Extension application with an experience immigration adviser, contact our team today on 0208 757 5751 or use our contact form

Adequate Accommodation for FLR(M)

To meet the accommodation requirements for a UK Spouse Visa Extension, applicants must demonstrate access to suitable housing without relying on public funds. The property must be adequate for the family unit, free from overcrowding under the Housing Act 1985 standards, and safe for habitation. Whether the property is owned, rented, or shared, it must provide exclusive access to sufficient living space, with evidence such as a tenancy agreement, mortgage statement, or a letter from the landlord confirming permission for residency.

In addition to proof of ownership or tenancy, applicants may need to submit a property inspection report to confirm the suitability of the accommodation. This report ensures compliance with UK housing standards and is particularly important in cases involving extended family or shared living arrangements. Clear documentation demonstrating the property’s adequacy is crucial for a successful visa application.

English Language Requirement

To meet the English language requirement for a Spouse Visa Extension, applicants must demonstrate CEFR Level A2 proficiency in speaking and listening. This can be done by passing an approved English language test, holding a degree taught in English, or being a national of an English-speaking country, such as the USA or Australia. If you passed an A1 test for your initial visa, you must now meet the A2 standard.

You are exempt from further tests if you already passed an A2, B1, B2, C1, or C2 test and your certificate remains valid. Exceptions also apply to nationals of exempt countries, holders of relevant UK academic qualifications, or those with degrees verified by ECCTIS. Additional exemptions include applicants over 65 or those with a condition preventing compliance.

Good Character Requirement

When applying for a Spouse Visa Extension, you must meet the good character or suitability requirement. The Home Office will review your immigration history, conduct, and compliance with UK residency conditions. Any breaches of immigration rules, criminal convictions, or activities contrary to the public good may result in refusal, including owing NHS debts or litigation costs.

If you have lived lawfully and responsibly in the UK, you are likely to satisfy the character suitability conditions.

Supporting Documents for Spouse Visa Extension Application

Providing a complete and accurate set of documents is essential for a successful Spouse Visa Extension application. Missing or insufficient evidence may result in delays or refusal. Below is a checklist of documents you may need to provide:

  • Current passport and any previous passports, including copies of the photo page and any visa stamps.
  • Biometric Residence Permit (if applicable).
  • Marriage or civil partnership certificate.
  • Proof of cohabitation over the last 2.5 years, such as joint tenancy agreements, council tax bills, utility bills, or joint bank statements. These must be original, dated, and on official-head paper.
  • Recent payslips and corresponding bank statements covering six months.
  • Self-employment tax returns and audited accounts (if applicable).
  • Proof of savings, pensions, or other non-employment income.
  • Tenancy agreement, mortgage statement, or property ownership documents as proof of accommodation.
  • Utility bills or council tax statements as further evidence of accommodation.
  • CEFR Level A2 English language test certificate or proof of exemption.
  • Evidence demonstrating you have lived in the UK with your spouse during your visa period, such as shared financial or residential records.

All documents should be in their original form unless specified otherwise, such as electronic financial documents accompanied by a letter from the issuing authority. Ensure the information provided is clear and consistent to meet the Home Office’s requirements. The documents required will depend on your circumstances.

FLR(M) Application Process

To apply for a UK Spouse Visa extension, the process begins with completing the FLR(M) form, which must be submitted online. The FLR(M) application process consists of various costs, including the application fee is £1,258 per applicant, and the Immigration Health Surcharge (IHS) amounts to £1,035 per person for the 30-month visa period. These fees are mandatory and must be paid during the online application process.

After submitting the form and fees, you will need to upload your supporting documents through the UK Visa and Citizenship Application Services (UKVCAS) portal. This can be done online, or you can provide the documents at your biometric appointment, where they will be scanned and uploaded on your behalf.

Next, you must attend a biometric appointment, which involves providing your fingerprints, a photograph, and verification of your identity. This is an essential part of the application process.

Finally, you must wait for a decision on your application. Processing times vary depending on the service you select. The standard service takes up to 8 weeks, while the fastest option, the super-priority service provides a decision within 1 working day for an extra £1000. Careful planning can help you select the most appropriate service for your needs.

What Happens After a Successful Extension?

If your application is successful, you will receive a visa valid for another 2.5 years. 

You will not receive a BRP Card, however, you may check your immigration status on the eVisa system.

Once you have completed 5 years in the UK under the Spouse Visa route, you may apply for Indefinite Leave to Remain (ILR).

How We Can Help

Navigating the rules for a UK Spouse Visa Extension can be complex, especially with recent changes. At Whytecroft Ford, we provide expert guidance to help you submit a strong and compliant application. Our services include:

  • Review your eligibility under the updated rules.
  • Preparing your FLR(M) form and supporting documents.
  • Advising on financial and relationship evidence.
  • Representing you in case of prior refusals.

Contact us today for tailored support and to maximise your chances of a successful application.

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