Spouse Visa Extension

To successfully obtain an extension to your UK Spouse Visa, you must meet the following conditions:

• You were initially granted leave under the spouse category
• You will be living with your sponsor in adequate accommodation
• Your sponsor earns a minimum of £18,600 per year (more if you have children)
• You meet the minimum requirements for English language

You must be able to show evidence of all these requirements when you apply for your Spouse Visa extension.

To be granted a Spouse Visa extension, you must demonstrate that you are in a ‘genuine and subsisting’ relationship with your spouse, who either:

• is a British citizen
• is present and settled in the UK with either proof of permanent residence or indefinite leave to remain
• or has refugee status with humanitarian protection in the UK

Your relationship should be legally recognised as either a marriage or a civil partnership. If neither of these apply, you must prove you have been in a relationship akin to a marriage for 2+ years. You must also prove that you have lived with your spouse for your entire UK residency so far, and that you plan to continue cohabiting indefinitely.

You and your spouse/partner must have a combined annual income of £18,600 or more. If you have a child, this amount increases to £22,400, and it goes up by £2,400 for each additional child. A ‘child’ is defined as anyone under 18 who is dependent on you/your partner.

The income requirements can be met through your spouse/partner’s employment, your employment (if you have permission to work in the UK) or a combination of both. Income can also be combined from different sources, including pensions and maternity allowances. Cash savings of £62, 500 can be used in place of income.

If your spouse received a specified benefit such as Carer’s Allowance or Disability Living Allowance, you will not be required to meet the minimum income threshold.

Please note that the financial requirements can be complex. It is advisable to seek expert advice on your circumstances.

Applicants for a Spouse Visa extensions must demonstrate that they meet the standard of A2 level in English speaking and listening. This is defined in the Common European Framework of Reference for Languages. There is an English language test in speaking and listening which can be taken.

You will not be subject to the English language requirement if you are a national of an English-speaking country (such as Canada or Australia), if you are aged 65+, or if you have a physical/mental condition that renders you unable to meet this requirement.

The form you must complete to apply for a Spouse Visa extension is Form FLR(M). The form can be completed online via the government’s website. If you are hoping to extend your stay indefinitely, you will need an entirely different form with different requirements.

To complete the form, you will need the following supporting documents:

• Your current passport or equivalent travel documents
• Your marriage/civil partnership certificate
• Details of any criminal convictions (where applicable)
• Evidence that you have been cohabiting with your spouse in the UK continuously since you previously obtained your Spouse Visa
• National insurance number
• Details of your UK accommodation
• Bank statements and other evidence of salary to prove you meet the income requirements
• Your sponsor’s British passport, or their Indefinite Leave to remain documents
• The details of children who are part of the application

As previously mentioned, you will need to head to the government’s website to fill out the Form FLR(M). You should gather all your documents beforehand so that you are fully prepared. If you choose to fill out a paper version of the form, it will need to be sent to the Home Office.

You must make the full payment once the application is ready to submit. Failure to make the full payment will result in automatic rejection of your application. Standard applications should be processed in no more than 8 weeks. However, you can pay for priority service to get a decision within 1 working day – this costs an additional £610.

If you do not have a right of appeal but feel that the Home Office decision unreasonable then you could make an application for a Judicial Review to be undertaken. Be advised that this is a complex and lengthy process.

If you believe your application has been refused unfairly, there is usually a route to appeal against the Home Office’s decision. The usual routes for this are to make an official appeal or request an administrative review. You will be told in your rejection letter whether either of these options are available to you. No admin review available in spouse cases

If your application is declined, your rejection letter will inform you of the options available to you. If the reason for the refusal is obvious, the best move is to rectify the problem and submit another application.

If you believe your application has been refused unfairly, there is usually a route to appeal against the Home Office’s decision. The usual routes for this are to make an official appeal or request an administrative review. You will be told in your rejection letter whether either of these options are available to you.

The final option is to have a Judicial Review undertaken. Be advised that this is a complex and lengthy process.