Applying for a Spouse Visa Extension in 2024
If you are living in the UK on a Family Visa or Spouse Visa and you need to apply to extend your visa you may be worried about the visa extension application having read about changes to the financial requirement for Family Visa applicants.
In this blog, our Immigration Solicitors set out the current rules if you intend to apply for a Spouse Visa extension in 2024.
UK Online and London-Based Spouse Visa Solicitors and Immigration Lawyers
For Spouse Visa and immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Spouse Visa extensions and the minimum income requirement rule changes
Whatever you have read in the news about Spouse Visa rule changes you need to apply for your Family Visa extension before your current visa expires. If you do not do so you will be classed as an overstayer and overstayer status will affect any future visa or settlement applications.
If you are worried about meeting the minimum income requirement for a Spouse Visa extension application then you do not need to worry about the minimum income requirement rule changes.
A recently published Home Office fact sheet has confirmed that if you are already in the UK on a Family Visa then you will need to meet the current financial requirement at the time of your visa extension application and not the planned increase to £29,000 in Spring 2024 or to £38,700 in January 2025.
The current Spouse Visa financial requirement is £18,600 for a visa applicant. If you have dependent children the financial requirement increases by £3,800 for the first child and by £2,400 for each additional child who is not a British citizen.
If you are concerned about whether your sponsoring partner can meet this financial requirement or whether your income or savings can be taken into account then our Spouse Visa Solicitors can talk you through the detailed rules on meeting the financial requirement.
The importance of your Spouse Visa extension
If your Spouse Visa extension is granted you will get another Spouse Visa lasting 30 months. At the end of the visa extension, you should be able to apply to settle in the UK by asking for indefinite leave to remain.
When you apply for indefinite leave to remain based on meeting the residence requirement through being in the UK for 5 years on a Spouse Visa the Home Office has said that you will need to meet the current financial requirement (£18,600 for a visa applicant with the figure increasing if you have children who are not British citizens).
Once you have secured indefinite leave to remain you can live and work in the UK free of immigration controls and you will not require further visas. The importance of getting your Spouse's Visa extension right cannot be overstated as you can then benefit from using the current financial requirement rules when applying for indefinite leave to remain.
Spouse Visa Solicitors recommend that you talk to them about the residence requirement for your indefinite leave to remain and the other ILR eligibility criteria so you know exactly what rules you need to follow during your 30-month visa extension to meet the residence requirement for your ILR application.
Applying for your 2024 Spouse Visa extension
Applying for your Spouse Visa extension is not as easy as some people think. The Home Office looks at extension applications as rigorously as first Family Visa applications. That is why it is best to get the contents of your extension application and your supporting paperwork right.
The Spouse Visa extension eligibility criteria are:
- You and your sponsoring partner must be 18 or over and you must be present in the UK and living together permanently
- You must be in a genuine and subsisting relationship
- You must meet the Family Visa financial requirement
- You must meet the English language requirement
- You must not be ineligible on general immigration refusal grounds. For example, if your good character is in question because of criminal offending or other behaviour
The 2 criteria that can create the most problems are the genuine relationship and financial requirements.
The relationship requirement for a Spouse Visa extension application
A marriage certificate proves that you are married to your sponsoring partner but for a Spouse Visa extension application, you need to show that your relationship is ongoing and that you intend it to be permanent.
If you have separated from your spouse you cannot apply for a Spouse Visa extension even though you have not started no-fault divorce proceedings against them. That’s because your relationship must be ongoing for the duration of the visa and extension visa. If you separate from your sponsoring partner then you are both under a duty to let the Home Office know. The Home Office will then take steps to curtail the visa even if you still have a long time left to run on the visa.
If you are worried about meeting the relationship requirement for the Spouse Visa our Immigration Solicitors can look at your best alternate visa options, such as the Skilled Worker Visa. Alternatively, if your relationship is breaking down because of domestic violence our Family Law Solicitors and Immigration Lawyers can look at securing injunction orders and using the Home Office domestic violence concession to allow you to apply for indefinite leave to remain early (rather than apply for a visa extension).
Even if you remain in a loving and committed relationship with your sponsoring partner you will be expected to provide evidence of your ongoing relationship and living together. Our Spouse Visa Solicitors can advise you on the sort of documents you will need for your visa extension application.
How can OTS Solicitors help you with your 2024 Spouse Visa extension application?
At OTS Solicitors we pride ourselves on being efficient yet friendly and approachable. Our Spouse Visa Solicitors are experts in Family Visa applications and will provide you with the best legal advice and support in getting your Spouse Visa extension.
Our specialist legal advice is recognised by our inclusion in the 2024 Chambers Guide to the Legal Profession.
UK Online and London-Based Spouse Visa Solicitors and Immigration Lawyers
For Spouse Visa and immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
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