Spouse visa extension after 2.5 years

ByEmil Manasyan Hours Updated on
Spouse Visa Extension after 2.5 Years

Spouse visa extension after 2.5 years: an overview

Spouse visa extension process

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 about to expire, you can apply to have your partner visa extended for another 2.5 years. It is important to know that applicants must apply for a spouse visa extension before their current visa expires. The earliest british partner visa extension application can be submitted is 28 days before the expiry date of the current visa. It is also important not to wait until the spouse visa expires as this may result in being classed as an overstayer.

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New financial requirements for partner visa extensions

The income requirement for the spouse visa increased to £29,000 on 11 April 2024. However, if you were already on the five-year partner route or applied for a fiancé, fiancée, or proposed civil partner before this change, you will continue to be assessed against the previous £18,600 threshold. This means if you are already on a partner visa before the new rule’s implementation, you won’t need to meet the higher income criterion for a partner visa extension.

Duration of spouse visa extension after 2.5 years

A UK spouse visa extension enables those eligible to remain in the UK for a further 30 months (2.5 years). After this period, they will have spent 5 years in the UK on a spouse visa and will be eligible to apply for ILR. In this article, we explain the eligibility criteria for a marriage visa extension, the application process, and other useful information to ensure you have the best chance of making a successful application.

Spouse visa extension after 2.5 years

Marriage visa extension requirements 2024

Relationship requirements for marriage visa extension

Applicants must meet the spouse visa relationship requirements to be granted an extension, as follows:

  • You must still be in the same eligible and genuine relationship (i.e., with the same person) you were in when you were granted your initial spouse visa.
  • Your partner or spouse must be either a British national, a person who has settled in the UK (i.e., EU Pre-Settled or Settled Status, or Indefinite Leave to Remain), or a person who has received refugee status or humanitarian protection in the UK.
  • You must still be married or in a civil partnership with your partner or have been together in a relationship for at least 2 years.
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Financial requirements for spouse visa extension

Spouse visa extension applicants need to show they still meet the marriage visa financial requirements: have a combined income (with their British or settled partner) of at least £18,600 if you are already on the five-year partner route before the introduction of the new £29,000 threshold on 11 April 2024.

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.

Good character requirement

To meet the good character requirement, the Home Office will want to be assured that there are no reasons to refuse your application, such as:

  • Breaches of the immigration rules
  • Criminal convictions
  • Evidence of deception and dishonesty
  • Involvement in or association with war crimes, crimes against humanity, genocide, terrorism, or other actions that are not conducive to the public good.

Partner visa extension documents checklist

With your spouse visa extension application, you will be expected to submit a number of documents to support your application, including (please note this list of documents is not exhaustive as they will be based on individual circumstances):

  • Proof of your identity, such as your valid passport.
  • Proof of your subsisting relationship – e.g., marriage certificate, evidence of living with your partner/spouse in the last 2.5 years such as joint bills, rental agreements etc.
  • Proof of your spouse’s UK status, e.g., proof of indefinite leave to remain or British citizenship.
  • Provide evidence of meeting the financial requirement, such as payslips to show your savings, income or bank statements.
  • Proof of your knowledge of the English Language, if applicable, e.g., a degree certificate or an English language test certificate at CEFR level A2.

Spouse visa extension after 2.5 years fees

The application fee to renew a spouse visa UK is £1,048 for each person applying. Other costs include Health Surcharge: £1,035 per person per year (£776 per year for those under 18).

Processing time for marriage visa extension

To renew a british partner visa takes up to 8 weeks to process. If you need a faster decision when extending a partner 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.

Partner visa extension refusal

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.

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Next steps 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.

FAQ spouse visa extension after 2.5 years

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The process to renew a marriage visa takes up to 8 weeks. For a faster decision, you can pay an extra £800 for a super-priority service to get a decision by the end of the next working day or £500 for a priority service to get a decision within 5 working days.

You can submit your spouse visa extension application 28 days before the expiry date of your current visa.

Common reasons for visitor visa extensions include medical treatment, family emergencies, or any unforeseen circumstances that require an extended stay.

The processing time for a B2 visitor visa extension can take several months, depending on the volume of applications and the specific circumstances of your case.

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For more information about citizenship processing queries or to have any questions or concerns answered by a legal professional, reach out to us today on 020 7439 3000 or contact us online.[/vc_column_text]

Emil Manasyan - Immigration Lawyer - Senior Associate - ‎Edmans & Co

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