Before a top London Immigration solicitor answers the question “can I extend my UK spouse visa?”, we need to look at the basics of a spouse visa.
• A husband or wife. The spousal relationship has to be a marriage that would be recognised as a legal marriage in the UK. For example, the marriage cannot be a bigamous marriage as that is not recognised as a legal marriage in the UK;
• A civil partner;
• A partner provided the sponsor has lived with them for over two years. For a partner relationship, you will need to have been living in a relationship that is similar to a marriage or civil partnership.
How can OTS Solicitors help?
What are the conditions for a spouse visa extension?
• You and your spouse or civil partner or unmarried partner are both at least eighteen years old; and
• If you are not married or in a civil partnership but are living as unmarried partners, you will need to have been living in a relationship that is similar to a marriage or civil partnership for at least two years prior to the date of application for your spouse visa extension; and
• Be present in the UK; and
• Intending to live together permanently; and
• Able to meet the English language requirement; and
• Able to meet the financial conditions.
The financial conditions
• Use a combination of incomes from different sources, including salary, self-Employment income, buy to let rental income, investment income or pension income;
• Use cash savings above £16,000 instead of income;
• Use state benefits and allowances, for example, Disability Living Allowance, as an exemption from needing to meet the minimum income threshold of £18,600 a year.
Documents needed in support of an application to extend a spouse visa
• Your existing original passport and any previous passports or travel documents; and
• Your original Biometric Residence Permit; and
• Your spouse or civil or unmarried partner’s Immigration status, such as proof of his or her Indefinite Leave to Remain in the UK; and
• Evidence of your relationship with your spouse or partner, such as your marriage certificate or civil partnership registration document; and
• Your income (if relevant to the application) and your spouses or partner’s income paperwork such as pay slips or bank statements or pension statements; and
• Evidence of your knowledge of English, such as a degree certificate or a pass in the English language test; and
• Extra paperwork depending on your circumstances, for example, a decree absolute of divorce certificate or civil partnership dissolution certificate to prove that a previous relationship has been legally ended or paperwork to prove that you have lived as unmarried partners for over two years. In order to provide evidence of cohabitation, the Home Office may want to see correspondence or documents from the council tax department, utility bills, bank statements or other official correspondence that has been sent to you and your partner.
What is the cost of a spouse visa extension?
• An additional handling fee for enrolling biometric information; and
• A surcharge if you want to make an application quickly using the super priority service. If you pay extra then you should get a decision within one working day.
Home Office discretion if you do not meet the Home Office conditions for a spouse visa extension
• There would be a breach of your human rights to make you leave the UK; or
• There would be significant difficulties for you and your spouse or partner if you lived together as a couple outside the UK that could not be overcome by you; or
• You have a child in the UK who is a British citizen or you have a child who has lived in the UK for seven years and it would be unreasonable for the child to leave the UK.
The Top London immigration solicitors recommend legal advice is sought if you need to ask the Home Office to exercise discretion to grant or extend a spouse visa.
Refusal of an extension application for a spouse visa
How can OTS Solicitors help?
Please get in touch with us on 0203 959 9123 to arrange an appointment to speak to one of our experienced London immigration solicitors.
For the best expert legal advice and outcome on your UK Immigration application, contact OTS Immigration solicitors on 0203 959 9123 or contact us online.
We are one of the UK’s top firms for Immigration solicitors and civil liberties lawyers. We can advise on a broad range of Immigration issues including Appeals and Refusals, Judicial Reviews, Spouse Visas, Student Visas, Work Permit Visas, Indefinite Leave to Remain, EEA Applications, Asylum and human rights, British Citizenship, All types of visas, Business Immigration Visas, Entrepreneur Visas and Investor Visas.
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Posted on: Thursday, 05 September, 2019