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If you have lived in the UK on a spouse visa for a certain period of time (usually 2.5 years) and your visa is coming to an end, you can apply to extend it for another 2.5 years. The spouse visa extension must be applied for before the current visa expires. A spouse visa extension application can be submitted 28 days before the current visa expires. You should also apply before the Spouse Visa expires. If you overstay your visa, you will be classified as an overstayer.
Spouse Visa income requirements increased to £29,000 on 11 April 2024. However, if you were already on the five-year partner route or applied for a fiancé, fiancee or proposed civil partner before this change, you will continue to be assessed against the previous £18,600 threshold1. This means if you are already on a spouse visa before the new rule’s implementation, you won’t need to meet the higher income criterion for a spouse visa extension.
Those who qualify can extend or renew their UK spouse visa to stay in the country for an additional 30 months (2.5 years). After this time, they will be qualified to apply for ILR since they will have been in the UK for five years on a spouse visa. In order to give you the best opportunity of submitting a successful application, we go over the requirements for qualifying for a Spouse Visa extension, the application procedure, and other pertinent information in this post.
Spouse Visa Extension Requirements 2024
The following criteria must be met in order to be eligible for a Spouse Visa extension:
- Still be in a genuine relationship with your spouse/partner (the relationship requirements)
- Meet the financial requirements
- Meet the English language requirements
- Not have breached any law or immigration conditions
- Be of good character
Spouse Visa Extension Relationship Requirements
To be eligible for an extension, applicants must fulfill the following requirements related to the Spouse Visa relationship:
- The same eligible and sincere relationship—that is, the same one you had when your first Spouse Visa was granted—must still exist.
- Your spouse or partner must be a British national, a person who has obtained refugee status or humanitarian protection in the UK, or a person who has settled in the country (i.e., EU Pre-Settled or Settled Status, or Indefinite Leave to Remain).
- You must have been in a relationship for at least two years, be still married to your partner, or be in a civil partnership.
Financial requirements UK Spouse Visa Extension
Applicants for a Spouse Visa extension must demonstrate that they still meet the following financial requirements: have a combined income of at least £18,600 (with their British or settled partner) if they are already enrolled in the five-year partner route prior to the new £29,000 criteria being implemented on April 11, 2024.
It is important to note that the financial requirement can be met in a number of ways, including income from employment or self-employment, cash savings of £16,000 or more, pensions, or non-work income (e.g. rental property income).
In addition, you may be able to apply based on your human rights if you don’t meet all of the requirements and there are exceptional circumstances. This might include if you can prove:
- You would experience significant difficulties if you and your partner had to live as a couple outside the UK, and these cannot be overcome.
- Your child in the UK is a British citizen (or they have resided in the UK for 7 years or more), and it would be unreasonable for them to leave the UK.
Spouse Visa extension after 2.5 years Refused
Your Spouse Visa renewal can be refused for a number of reasons, including if you:
- Do not meet the English language test requirement
- Do not meet the minimum income threshold
- Cannot prove you are still in a genuine subsisting relationship
- The Home Office has concerns about your character or past criminal convictions
- Have not provided the correct information in your application
- Have not provided all of the information required to support your application
If your extension of spouse visa application is unsuccessful, you will receive a spouse visa extension refusal letter and be required to leave the UK within the time shown.
English language requirement
There are three main ways to meet the English language requirement:
- Be from an eligible English-speaking country; these are Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Ireland, Jamaica, Malta, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, and the USA.
- Have a degree or other academic qualification that was taught in English
- Pass an approved English language test – It is important to note if you previously passed a CEFR level at A1 level, you will now need to pass at level A2 in speaking and listening when extending your visa.
Spouse visa extension fees
Application fee to renew a Spouse Visa UK is £1,048 for each person applying. Other costs include Health Surcharge: £1035 per person per year (£776 per year for those under 18).
How long does a spouse visa extension take?
To renew a Spouse Visa takes up to 8 weeks to process. If you need a faster decision when extending a spouse visa, you may be able to pay an extra £800 to use the super-priority service for a decision by the end of the next working day or £500 to use the priority service for a decision within 5 working days.
What happens next if your Spouse Visa renewal is refused?
Your options in the event of refusal may include:
- Leaving the country by the deadline provided
- Requesting an Administrative Review if you believe a mistake was made when the decision was made
- Submitting a Spouse Visa appeal if your application was made on Human Rights grounds
- Submitting a fresh application
- Applying for a different type of visa
- Requesting a Judicial Review to challenge the legal basis for the decision.
Conclusion
Applying for a spouse visa extension after 2.5 years requires careful preparation and attention to detail. By understanding the eligibility criteria, gathering the necessary documents, and following the application process diligently, individuals can increase their chances of a successful outcome.
For more information, please see our article Spouse Visa If you need assistance with your Spouse Visa extension, contact our immigration lawyers on 0161 222 5860 or by email at info@primussolicitors.com
