In the changing world of immigration, renewing your family visa in the UK is crucial for staying legally and continuing your life here. Whether you have a partner, child, or parent visa related to a UK-resident child, this guide helps you extend your family visa smoothly.
What is a Family Visa
There are different types of this visa:
- Partner Visa: For spouses or civil partners of British citizens or settled individuals.
- Child Visa: For dependent children with parents in the UK.
- Parent Visa: For parents of children living in the U
Application Costs
Extending your family visa in the UK requires payment of an application fee, which is usually over £1,500. Plan for this expense when budgeting for your visa extension.
Visa Duration and Indefinite Leave to Remain
When you extend your family visa in the UK, it usually adds 2 years and 6 months to your stay. In some situations, you can apply for ‘indefinite leave to remain,’ which lets you live permanently in the UK
Timing
It’s important to apply for your Family visa extension within 28 days before your current visa expires to avoid problems, such as losing your right to work in the UK.
Consequences of Overstaying
If your visa expires before you apply for an extension, you may be considered as ‘overstaying.’ This can lead to serious consequences, impacting your ability to apply for visas in the future. If you’ve already overstayed, it’s important to carefully consider your options.
Route to Indefinite Leave to Remain
There are distinct routes to achieve indefinite leave to remain (ILR) in the UK.
- The 5-Year Route: This option is available for individuals who have continuously held a partner or parent visa for five years, offering a path to long-term settlement in the UK.
- The 10-Year Route: In unique cases where a partner or parent visa was obtained based on exceptional circumstances or private and family life, residing in the UK for ten consecutive years is necessary to qualify for indefinite leave to remain. If unsure about the applicable route, refer to the letter received from the Home Office when obtaining the visa.
- For Children with Visas: If you have a child with a visa, you can apply for their indefinite leave to remain simultaneously with your application. The duration of your child’s stay in the UK does not affect their eligibility for ILR.
Meeting Visa Extension
Original Visa Rules: Typically, extending your visa requires following the same rules as when you initially obtained it. It’s crucial to maintain continued eligibility throughout the process.
Time Spent Outside the UK: The Home Office may scrutinize your application if you’ve spent more than half of your visa’s duration outside the UK. If you encounter this issue, consider seeking advice from a specialist adviser to address concerns effectively.
English Language Requirement
UK Family Visa extension often involve meeting specific English language requirements.
Extending your visa usually requires passing an English language test, but exemptions apply if:
- You are a citizen of a country where English is an official or majority language (e.g., Jamaica or the USA).
- Hold a university degree taught or researched in English.
- Be under 18 or over 65 years old.
- You are extending a child visa.
- Be on the 10-year route to indefinite leave.
Medical Exemptions
If you have a health condition that prevents you from passing the English language test, you may qualify for an exemption. Your doctor’s confirmation of the condition’s permanence and its impact on your ability to learn languages is important for this exemption.
Choosing the Right English Language Test
You need to take an approved test at least at level ‘A2’ on the CEFR scale. This test evaluates your ability to speak and understand English. Approved providers offer this test, and the required level might vary based on your prior results.
Exceptional circumstances
If you don’t meet the usual visa extension requirements, there’s still a chance. This can justify an extension, especially if not getting a family visa would cause unfair difficulties for you, your partner, or a child under 18.
Right to private or family life
If being denied a visa would greatly impact your ability to live in your home country or elsewhere, you might still qualify for an extension. This could apply if you’ve lived in the UK for a long time or if you’re between 18 and 25 and have spent much of your life here.
Seeking Specialist Advice
If you find the UK family visa extension process challenging or have unique circumstances, seek advice from a specialist adviser. They can offer guidance to help you achieve the best outcome for your visa extension application.
Conditions for Working During Visa Processing
- Timely Application: You must have submitted your extension application before your current visa expires. If you apply after your visa has expired, you will not be allowed to work while waiting for a decision.
- Existing Right to Work: If your existing family visa allows you to work, you can continue working under the same conditions while your application is pending. This includes maintaining the same job and employer unless your new application changes those conditions.
- Section 3C Leave: Under Section 3C of the Immigration Act 1971, if you have made a valid application for an extension before your current leave expires, your existing leave continues until a decision is made. This means you retain the right to work as per the conditions of your previous visa.
- Restrictions on Employment: While you can continue working, any restrictions that were part of your original visa (such as limits on job types or employers) still apply. You cannot start a new job or change employers unless permitted under your visa conditions.
- Employer Verification: Your employer may request proof that you are allowed to continue working legally during this period, so be prepared to provide documentation if needed.
In summary, extending your family visa is crucial for staying in the UK. This process includes meeting language requirements and considering exceptional circumstances. By following the guidelines in this guide, you can improve your chances of successfully extending your visa and continuing your journey in the United Kingdom.
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 Family Reunion Visa or a Dependent Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need to visit the UK. You can call us today at +234 812 5505 986 to learn how we can help you.
