Spouse Visa Extension
Navigating Your Spouse Visa Extension with Confidence: Essential Information and Expert Guidance.
Building a life with your spouse in the UK is a beautiful dream, but the prospect of renewing your spouse visa can feel like a looming storm cloud. Fear not! This comprehensive guide empowers you with the knowledge and tools to navigate the spouse visa extension process with confidence, securing your place in the UK alongside your loved one.
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Eligibility: Laying the Foundation
Before embarking on your application journey, ensure you meet the key criteria:
Marital Status: You must be married or in a civil partnership with a British citizen or someone settled in the UK (holding indefinite leave to remain).
Age Requirement: You must be over 18 years old.
Genuine Relationship: Demonstrating a genuine and subsisting relationship is crucial. Gather evidence like:
- Marriage or civil partnership certificate
- Joint bills, rental agreements, bank statements
- Photos throughout your relationship
- Communication records (emails, social media messages)
- References from friends and family
English Language Proficiency: Meeting the B1 level of English as defined by the Common European Framework of Reference for Languages (CEFR) is mandatory. Pass an approved English language test like IELTS, PTE Academic, or Trinity Secure English Test. Meeting the A2 level of English as defined by the Common European Framework of Reference for Languages (CEFR) is mandatory. Pass an approved English language test like IELTS, PTE Academic, or Trinity Secure English Test.
Cohabitation Requirement: You must continue to reside together in the UK.
Financial Requirements: Your sponsor (spouse or settled partner) needs to earn at least £18,600 annually without children. This minimum increases by £2,400 for each dependent child. Provide documented proof like payslips, tax returns, or bank statements.
As the law is now, your sponsor (spouse or settled partner) must earn a minimum annual income of £18,600 without children, increasing by £2,400 for each dependent child. Provide payslips, tax returns, or bank statements as proof.
On 11th April 2024, the financial requirements will change for any new application submitted from this date.
The spouse/partner visa minimum income will increase to £29,000 on 11 April 2024; to around £34,500 at an unspecified time later in 2024; and finally, to around £38,700 by early 2025.
Those already on a family visa in the five-year partner route would not need to meet the new income requirement when applying for an extension.
The child element to meet the financial requirements will be scrapped on 11 April 2024 so there will no longer be an additional income requirement for each child dependent.
Gathering Evidence: Building a Strong Case
A well-documented application speaks volumes. Organise the following:
- Valid passport and current spouse visa.
- Marriage or civil partnership certificate.
- Proof of cohabitation (bills, agreements, bank statements).
- Relationship evidence (photos, communication records, references).
- Financial documents (sponsor’s employment details, payslips, bank statements).
Financial Requirements: Meeting the Threshold
Currently, the income threshold for your sponsor depends on your family size:
No children: £18,600 annually
One child: £22,400 annually
Two children: £24,800 annually
Additional £2,400 for each child exceeding two
Remember, these are minimums. Exceeding them strengthens your application.
On 11th April 2024, the financial requirements will change for any new application submitted from this date.
The spouse/partner visa minimum income will increase to £29,000 on 11 April 2024; to around £34,500 at an unspecified time later in 2024; and finally, to around £38,700 by early 2025.
Those already on a family visa in the five-year partner route would not need to meet the new income requirement when applying for an extension.
The child element to meet the financial requirements will be scrapped on 11 April 2024 so there will no longer be an additional income requirement for each child dependent
Unveiling the English Language Requirements:
Demonstrating B1 level English proficiency signifies your ability to:
- Hold everyday conversations
- Understand tasks and situations in English
- Write basic factual emails
Demonstrating A2 level English proficiency signifies your ability to:
- Hold everyday conversations
- Understand tasks and situations in English
- Draft basic factual emails
Application Timelines:
Start preparing well in advance. Submit your application at least 28 days before your current visa expires to avoid overstaying and potential complications. Processing times can vary, so plan accordingly.
Expert Guidance: Navigating with Confidence
While some choose to go solo, partnering with experienced immigration lawyers can significantly increase your success rate. They offer:
- Personalised guidance and legal expertise tailored to your case.
- Meticulous assistance with document preparation and evidence gathering.
- Expert representation throughout the application process.
- Appeals support in case of rejection.
Additional Considerations:
Unreasonable for Indefinite Leave to Remain (ILR): If your application is refused due to “unreasonable circumstances,” you may not be eligible for ILR after 5 years. Seek legal advice if this applies.
Humanitarian Protection: In exceptional circumstances where returning home poses a real risk of harm, you may be eligible for humanitarian protection in the UK.
Embrace Your Future Together:
Extending your spouse visa doesn’t have to be stressful. With this comprehensive guide and the potential support of experienced lawyers, you’re well-equipped to navigate the process confidently and continue building your life together in the UK. Remember, this serves as general information and should not be substituted for professional legal advice.
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