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Extending Your Spouse or Civil Partnership Visa in the UK: A Comprehensive Guide

May 30, 2024
mikewillims
Happy Attractive Mixed Race Couple Piggyback at the Park.

Introduction

For couples who have already navigated the initial application process and are living together in the UK, extending a Spouse or civil partnership visa uk is the next crucial step. This extension allows the non-UK partner to stay in the country, moving closer to obtaining Indefinite Leave to Remain (ILR) and ultimately British citizenship. This guide provides a detailed overview of the eligibility criteria, application process, required documents, financial requirements, and key considerations for extending a Spouse or Civil Partnership Visa in the UK.

Understanding the Spouse and Civil Partnership Visa

The Spouse or Civil Partnership Visa allows non-UK nationals to live with their British or settled partners in the UK. Initially granted for 33 months (if applied from outside the UK) or 30 months (if applied from within), this visa must be extended to continue residing in the UK legally. The extension is typically for another 30 months, and after completing a total of five years on this visa route, the visa holder can apply for ILR.

Eligibility Criteria for Visa Extension

To extend your Spouse or Civil Partnership Visa, you and your partner must meet the following criteria:

  1. Genuine Relationship:
    • The relationship must continue to be genuine and subsisting.
    • The couple must still be legally married or in a civil partnership.
    • The couple must have met in person.
  2. Financial Requirements:
    • The sponsoring partner must continue to meet the annual income threshold of £18,600, with additional amounts for any dependent children: £3,800 for the first child and £2,400 for each subsequent child.
  3. Accommodation Requirements:
    • The couple must have adequate accommodation for themselves and any dependents, ensuring it is not overcrowded.
  4. English Language Requirement:
    • The applicant must demonstrate a higher level of English proficiency (A2 level) compared to the initial application.
  5. Intent to Live Together:
    • The couple must intend to continue living together permanently in the UK.

Application Process for Visa Extension

The application process for extending a Spouse or Civil Partnership Visa involves several key steps:

  1. Gather Required Documents:
    • Valid passports for the applicant and sponsor.
    • Proof of ongoing relationship (e.g., joint bank statements, tenancy agreements, correspondence).
    • Evidence of meeting the financial requirement (e.g., payslips, bank statements, tax returns).
    • Proof of adequate accommodation (e.g., tenancy agreement, mortgage statement).
    • Proof of English language proficiency (e.g., English language test results).
  2. Complete the Online Application:
    • The application is submitted online via the UK government’s visa application portal. Detailed information about both the applicant and sponsor is required.
  3. Pay the Application Fee:
    • The fee for the visa extension is currently £1,033, with an additional Immigration Health Surcharge (IHS) of £624 per year, payable upfront for the duration of the extension.
  4. Book and Attend a Biometric Appointment:
    • Applicants must provide biometric information (fingerprints and photographs) at a designated visa application center.
  5. Submit Supporting Documents:
    • Supporting documents can be uploaded online or submitted in person at the biometric appointment.
  6. Wait for a Decision:
    • Processing times are typically within 8 weeks for the extension application.

Financial Requirement Details

Meeting the financial requirement is a crucial aspect of the extension process. Here are the key points:

  1. Income Sources:
    • Salaried employment: Requires evidence through payslips and bank statements for the past six months.
    • Self-employment: Requires tax returns, bank statements, and an accountant’s letter.
    • Savings: Savings must be held for at least six months and meet the required threshold, calculated as £16,000 plus 2.5 times the shortfall in the income requirement.
  2. Combined Income:
    • The sponsor’s and applicant’s incomes can be combined to meet the financial requirement, provided the sources are acceptable.
  3. Exemptions:
    • Certain exemptions apply if the sponsor receives specific benefits like Disability Living Allowance or Carer’s Allowance.

Key Considerations

  1. Demonstrating a Genuine Relationship:
    • The relationship’s authenticity is scrutinized by immigration authorities. Documentation such as joint bank accounts, shared bills, and photographic evidence can help prove this.
  2. English Language Requirement:
    • Approved English language tests are offered by various providers. Ensure the test taken is on the Home Office’s approved list and meets the required level (A2).
  3. Immigration Health Surcharge (IHS):
    • The IHS provides access to the NHS and is a mandatory fee that must be paid upfront for the visa duration.
  4. Legal Assistance:
    • Given the complexity of immigration rules, seeking advice from an immigration solicitor can be beneficial, especially for unique or complicated cases.

Conclusion

Extending a Spouse Visa Extension is a significant step towards long-term residency and eventual citizenship in the UK. By thoroughly understanding the eligibility criteria, preparing the necessary documents, meeting financial and accommodation requirements, and following the detailed application process, applicants can enhance their chances of a successful extension. Whether it is your first extension or you are well on your way to applying for ILR, this guide aims to provide all the essential information to navigate the Spouse or Civil Partnership Visa extension process effectively.