If you are a UK spouse visa holder and your period of leave is due to expire, you will need to apply for a spouse visa extension to remain in the country with your partner.
Spouse visa extension: Eligibility Criteria.
Relationship requirement for spouse visa extension
The applicant will need to prove that they are in a genuine and subsisting relationship with their spouse who is either:
a British citizen
someone who is present and settled in the UK, with either indefinite leave to remain or proof of permanent residence
a person with refugee status or who has been granted humanitarian protection in the UK
The applicant will need to prove that they have been living with their spouse for the duration of UK residency and intend to live together indefinitely.
Financial requirement for spouse visa extension.
The applicant and their partner must show that they have an annual combined income of £18,600 or cash savings of £62,000. If the applicant has dependent children as part of their spouse visa extension, there are additional charges. For the first child, the applicant will need an extra £3,800 in gross annual income and £2,400 for each additional child.
Language Requirement for spouse visa extension.
The applicants will have to show they meet a standard of A2 level in English speaking and listening. There are a number of exceptions to these requirements. Applicants are advised to consult our immigration team for more details
Conditions of Stay on spouse visa.
Successful applicants will be granted a further 30 months to stay in the UK, at the end of which they will become eligible to apply for settlement, known as indefinite leave to remain.
However, to qualify for settlement the holders of this visa cannot be outside of the UK for more than 180 days in any given year.
Spouse visa extension: how to Apply and fees.
The application must be made online. It costs £1,033 to apply from inside the UK and £1,523 to apply in the UK. The healthcare surcharge fee (£624 per year) and biometric information fee (£19.20) must be paid separately. The decision is usually made within 8 weeks. Individuals may opt for the premium service (paid separately) to get a faster decision.CONSULTATION
Our team of dedicated lawyers has vast experience of working with start-ups, small and medium-sized companies.
We will ensure your business operation are fully compliant, saving you time and money so that you can concentrate on your company growth, and we’ll take care of the rest. Let us know how we can help you by choosing one of the services below. Not sure what you need? Not to worry, ask your questions by filling in the form below, and we’ll get back to you with the answers.
A Spouse visa allows you to enter or remain in the UK as a partner. To qualify, you must meet certain requirements.
Your partner must be:
Unmarried Partner Visa allows unmarried partners to work and stay in the UK. Since 2014, same-sex couples also have been permitted to marry. According to the Immigration Rules and the EEA regulations, the term unmarried partner relationship is be defined as: “Two persons living together in a relationship akin to marriage for at least two years”.More information
The Fiance Visa is designed to enable individuals to enter the UK to marry or enter into a civil partnership with their UK-based partner. The applicant and their partner both need to be 18 or over.More information
One of the strongest misconceptions related to immigration is to assume that only direct family members can apply for a family visa to the United Kingdom. Direct family members usually imply fiancé, spouse, child, parent.More information
If you have family connections to the United Kingdom, you may be eligible to apply for a UK Ancestry visa. Applicants are still eligible even if they or their parents were adopted and their parents and grandparents were not married.More information
Our immigration team has achieved a successful decision in the asylum appeal of a Nepalese national and her spouse. According to the Immigration & Asylum Upper Tribunal, they should both be allowed to remain in the UK under the protection of Refugee law.
The appellant fell in love and married in the UK against the wishes of her family in Nepal, causing her to fear severe consequences upon return, including honour violence and persecution on the basis that she is a woman who married outside her caste and nationality.
Our client, a non-EEA national, initially obtained a residence card as the spouse of an EEA national. Our client subsequently divorced from his EEA national spouse and obtained a residence card under the Retained Rights route. The client then applied for permanent residence, which was refused and a subsequent appeal was dismissed by First-Tier Tribunal as the Judge wrongly thought the client needed to be a qualified person, not his EEA national spouse during the time their marriage lasted. Permission to appeal on this basis was granted.
Two successful applications for leave to remain under the parental route. Our clients both parents of children in the UK had no status in the UK when they approached Sterling Law.
In the recent case of Topadar v Secretary of State for the Home Department  EWCA Civ 1525 the Court of Appeal examined two questions:
At what point is an immigration application decided by the Home Office?
Is it procedurally unfair for the Home Office to refuse an application due to the applicant’s sponsor (i.e. their employer) failing to provide additional information (without the applicant ever being made aware of the request)?
The Court of Appeal decided:
Excellent news; adult dependent relative appeal allowed by the First-tier Tribunal (Immigration and Asylum Chamber)!
Our client, an Indian national, came to the UK with her husband lawfully to visit their son and grandchildren, who are British nationals. Sadly, her husband passed away suddenly while they were in the UK. Our client had a history of dementia with Parkinson’s disease along with anxiety and depression, which made her return to India unachievable.