Understanding the UK Spouse Visa and Extensions: A Complete Guide
The UK Spouse Visa is a popular immigration route that allows the non-UK partner of a British citizen or someone settled in the UK to live and work in the country. For many couples, securing the spouse visa is only the beginning of a longer journey toward permanent settlement. After the initial visa is granted, applicants are required to apply for extensions at certain intervals. In this guide, we will break down the process of obtaining a UK spouse visa, as well as the rules around spouse visa extensions after 2.5 years and spouse visa extensions after 5 years.
What is a UK Spouse Visa?
The Spouse Visa UK allows the spouse or civil partner of a British citizen or a person with settled status in the UK to join them in the country. It is valid for an initial period of 2.5 years (30 months) and can be renewed or extended depending on the applicant’s circumstances. After a period of 5 years on the spouse visa, applicants can apply for Indefinite Leave to Remain (ILR), which is the first step toward permanent residency and, ultimately, British citizenship.
Basic Requirements for the UK Spouse Visa:
The applicant must be married to or in a civil partnership with a British citizen or someone with settled status in the UK.
The couple must intend to live together permanently in the UK.
There are financial requirements: the sponsor must have an income of at least £18,600 per year, or have sufficient savings to meet the threshold.
The applicant must demonstrate a good command of the English language (usually proven through a recognized language test).
Accommodation in the UK must be deemed suitable for the couple to live in.
Once granted, the applicant can live, work, and study in the UK, with the option to extend the spouse visa extension after 2.5 years.
Spouse Visa Extension After 2.5 Years
After the initial 30-month spouse visa, applicants need to apply for an extension to continue living in the UK. This extension is crucial for those who intend to stay in the UK beyond the first term and eventually apply for permanent residency.
Requirements for the Spouse Visa Extension After 2.5 Years:
Continuing Relationship: The applicant must continue to be in a genuine and subsisting relationship with their UK-based spouse or partner.
Financial Requirement: The financial threshold of £18,600 remains applicable. If there are dependent children involved, the financial requirement increases.
Accommodation: The couple must still have adequate housing in the UK.
English Language: The applicant must pass another approved English language test, or demonstrate their proficiency through previous qualifications.
Good Character and Immigration History: The applicant must not have breached any immigration rules during their stay.
The spouse visa extension typically grants another 30 months of stay in the UK, after which the applicant can either apply for another extension or proceed to apply for Indefinite Leave to Remain (ILR), depending on the time spent in the UK.
Spouse Visa Extension After 5 Years: Indefinite Leave to Remain (ILR)
After spending 5 years in the UK on a spouse visa, applicants become eligible to apply for Indefinite Leave to Remain (ILR), which is the pathway to permanent residency.
Eligibility for ILR After 5 Years:
The applicant must have lived in the UK continuously for 5 years on a valid spouse visa.
Genuine Relationship: The relationship with the British or settled spouse must still be genuine and ongoing.
Financial Requirement: The financial requirement of £18,600 remains in place for ILR applications.
Knowledge of Life in the UK: The applicant must pass the Life in the UK Test, which assesses their knowledge of British culture, history, and traditions.
English Proficiency: The applicant must again demonstrate their English language proficiency, either through an approved test or a recognized qualification.
Continuous Residency: The applicant should not have spent more than 180 days outside the UK in any 12-month period during the qualifying 5 years.
Once ILR is granted, the applicant gains permanent residency in the UK, meaning they can live and work in the UK without any immigration restrictions. Additionally, they can apply for British citizenship after holding ILR for one year, provided they meet all other requirements.
Key Points to Remember About the Spouse Visa UK Process
Initial Spouse Visa: Grants 2.5 years of residency in the UK, with the possibility of working and studying.
Spouse Visa Extension After 2.5 Years: This is a critical step to continue living in the UK and requires fulfilling financial, accommodation, and relationship criteria.
Indefinite Leave to Remain After 5 Years: The gateway to permanent residency, after which the applicant can live without immigration control and eventually apply for citizenship.
Conclusion
The process of obtaining and extending a Spouse Visa UK involves several steps, with extensions required after 2.5 years and the opportunity to apply for Indefinite Leave to Remain after 5 years. Understanding the requirements and preparing well in advance can make the process smoother for applicants. Once settled in the UK, successful applicants can enjoy the benefits of living with their loved ones while having the right to work, study, and eventually apply for British citizenship.
Whether you’re applying for the first time or seeking to extend your visa, it’s essential to ensure all requirements are met to secure your stay in the UK