When your initial UK Spouse or Civil Partnership Visa expires after 30 months, you will need to apply for an extension by submitting an FLR(M) form to UK Visas and Immigration (UKVI). After five years, you can apply for Indefinite Leave to Remain (ILR).
However, just like your initial visa application, extending your visa can be challenging. If you fail to meet the immigration requirements, your extension may be refused. In some cases, you may be able to appeal the decision, but it’s always best to seek expert legal advice to make sure your extension application goes smoothly.
Common Issues in Spouse Visa Extensions
Here are the most common issues couples face when applying for a Spouse Visa extension:
- Not meeting the financial requirements
- Proving cohabitation and a genuine relationship
- Spending too much time outside the UK
1. Failing to Meet the Financial Requirements
One surprise for many Spouse or Civil Partnership Visa holders is that the sponsor’s ability to meet the financial requirement must be shown again when applying for an extension. The minimum income threshold is £18,600 (higher if you have children). If your sponsor’s income has changed since your initial visa was granted (for example, they lost their job or took a lower-paying position), this could affect your extension application.
If the sponsor’s income is no longer enough, you might still qualify for an extension if refusing it would cause unjustifiably harsh consequences. For example, if the couple has children or if third-party support is available, the caseworker may consider these factors when making a decision.
The Supreme Court ruling in MM (Lebanon) v Secretary of State for the Home Department has made it clear that UKVI must also consider the best interests of the children involved and any harsh outcomes if the visa is refused.
If your sponsor’s financial situation has changed, it’s essential to consult with an immigration lawyer to ensure your case is properly handled.
2. Proving Cohabitation
UKVI needs to be sure that your marriage or civil partnership is genuine and not a sham. This means proving you have been living together continuously for the 30 months since your visa was granted.
To do this, make sure you keep documents that show you and your spouse have been living together. Examples of helpful documents include:
- Joint tenancy agreements
- Bank statements with both names
- Council tax bills
- Utility bills
If you’ve lived in different places during this period, you should keep evidence of your communication, like emails, letters, phone records, and photos of visits or holidays together. The more evidence you have, the better your chances of a successful application.
3. Spending Too Much Time Outside the UK
One important requirement for a Spouse Visa extension is that you have been living in the UK continuously. If you or your spouse have spent significant time outside the UK, it could affect your application.
It’s advised that you and your spouse don’t spend more than 180 days outside the UK in any 12 months. This can be difficult for international couples, especially if you need to care for family members abroad. If you do need to stay outside the UK for an extended period, it’s a good idea to get legal advice.
When applying for Indefinite Leave to Remain (ILR) or British citizenship, you must also meet continuous residence requirements. For example:
- No more than 270 days outside the UK in the 3 years before applying.
- No more than 90 days outside the UK in the last 12 months before applying.
Seek Expert Legal Help
The key to a smooth Spouse Visa extension process is to get expert immigration advice. Applying for an extension can be complicated, especially if there have been changes in your financial situation or if you’ve spent time outside the UK. An experienced immigration lawyer can guide you through the process and ensure you meet all the requirements.
At Law and Visas, we help clients successfully extend their Spouse or Civil Partnership Visas and provide clear advice on how to navigate the process. If you need assistance with your Spouse Visa extension, contact us today.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the UK straightforward and successful. Whether you’re applying for a UK Sponsor Licence, handling a UK Spouse Visa Extension, or managing other visa and immigration matters, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas and permits they need for international travel. Call us today at +234 812 5505 986 to learn how we can assist you.
