Our Immigration Team has recently received a positive result for one of our clients (“the Applicant”). The Applicant has just been granted further leave to remain as the Spouse of a British citizen present and settled in the UK. The Applicant instructed us to prepare and submit his spouse extension application and we received the positive decision within the 8 week service standard. For assistance with spouse visa applications, please contact us to arrange a consultation with our specialist immigration solicitors to discuss your case in more detail.
The case for a spouse extension application
The Applicant was an Egyptian national who was coming to the end of his initial spouse visa. We discussed his and his wife’s circumstances in more detail and were able to confirm that he satisfied all of the requirements for a spouse extension application. The Applicant satisfied the financial requirement through his salaried employment income in the UK and he had sat and passed an English language test at level A2.
We conducted a thorough review of the Applicant’s documents and drafted a detailed cover letter in support of the application. As part of our service, we completed and submitted the online FLR (M) application form, scheduled his biometric appointment at a nearby centre and uploaded all of the finalised supporting evidence ahead of the appointment. The Applicant applied using the standard visa service and received his decision within the 8 weeks service standard. The Applicant was delighted when he received his new Biometric Residence Permit (“BRP”) and we will hopefully hear from him again in almost 2 and half years to begin preparing his application for indefinite leave to remain.
What is needed for spouse visa extension?
Applicants applying to extend their spouse visas need to be able to satisfy similar requirements are their initial spouse visa application, being:
- The marital relationship with their sponsor is still genuine and subsisting;
- The financial requirement must be satisfied by meeting the minimum income threshold for the application. This can be done by a number of different ways which are outlined under Appendix FM-SE and our previous article;
- The Applicant must be able to be accommodated in the UK without recourse to public funds or risk of overcrowding;
- The Applicant must have an English language proficiency at minimum level A2, unless if they have a degree certificate or are from a majority English speaking country;
- The Applicant must have valid leave as a spouse in order to satisfy the immigration status requirement; and
- The Applicant must be of good character and not fall under the general grounds of refusal.
It is important that Applicants not only meet the requirements but are able to properly demonstrate this through the specified evidence. We have seen many cases fail where Applicants are not aware of the documents under Appendix FM-SE and their application is therefore refused, even if they did meet the requirement.
When should I apply for visa extension?
Applicants must apply for their visa extension before the expiry of their current leave; otherwise they will technically become an overstayer and won’t meet the immigration status requirement. However, Applicants must also not apply for their extension too early and should submit the online application within 28 days of the expiry of their current visa.
Do I need English for spouse visa extension?
Yes, spouse visa extension Applicants need to sit and pass an approved English language test at level A2 speaking and listening. The certificate should be dated within two years of the application in order to be valid. Alternatively, Applicants who have a degree from a UK University or that has been taught in English can submit their degree certificate and do not need to sit a separate test. Furthermore, Applicants from majority English speaking countries only need their passport in order to demonstrate this requirement has been satisfied.
Can I work while waiting for visa extension UK?
Yes, spouse visa extension Applicants are able to continue their employment or self-employment in the UK whilst they are awaiting a decision on their extension application, as long as the application was submitted “in-time”, before the expiry of their recent spouse visa. This is because their legal status in the UK is protected by Section 3C of the Immigration Act 1971 (“3C Leave”). This is a complex area of UK Immigration Law, however it means that their status, conditions and rights continue until a decision has been made on the application or until appeal rights have become exhausted in the context of a negative decision on the application.
Using our Immigration Solicitors in London submit a Spouse Extension Application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration legal representatives to successfully assist you with a Spouse extension application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
Caseworkers at the Home Office are trained to reject applications, which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successful Spouse Extension Applications with our Immigration Solicitors in London
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Spouse extension application and ensure that you meet all the requirements under the Immigration Rules.
Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Spouse Visa extension application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.
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We calculate and advise on risk factors and the complex UK Visas & Immigration rules and Home Office guidance. We factor in your background, immigration history, risk-appetite, costs sensitivity and determination. We plan the best possible strategy for you and deliver strategic immigration advice right at your first meeting.
Want your case assessed? Just fill out our simple enquiry form; it goes immediately to our immigration team in Middle Temple, London. Or call our London immigration lawyers on ☎ 02071830570 (9-6 GMT, M-F).