This week we have received the wonderful news that our client’s (“the Applicant”) spouse visa extension application has been successful. The Applicant is now able to enjoy a further 30 months leave to remain in the UK with her British spouse and their two British children. Being aware of all the requirements and specified documents is key to preparing successful spouse visa extensions and our immigration solicitors in London specialise in these types of applications under Appendix FM of the Immigration Rules. Please contact a member of our immigration team in order to arrange a consultation to discuss the Rules in more detail.
The case of a Spouse Visa Extension
The Applicant was a Filipino national who had spent five years in the UK on a spouse visa. She was about to begin preparing her indefinite leave to remain application when her previous solicitor informed her that she had been placed on the 10 year route following her previous application. This is because mandatory documents under Appendix FM-SE of the Immigration Rules were not submitted with that application, but due to the Applicants Article 8 connections in the UK (through her British husband and children) she was placed on the 10 year route to settlement as opposed to receiving a refusal. Unfortunately, the Applicant was not informed of this by her previous solicitors at the time the decision was received. Therefore, the Applicant had no other options but to submit a further spouse visa extension application towards the end of her most current visa.
The Applicant then instructed us to prepare her extension application and we ensured that all of the specified supporting documents were submitted in support of her application. At the time the Applicant’s application was submitted, priority visa services were still suspended amidst the on-going Covid-19 pandemic, however the Applicant received a very quick positive decision on her application; within one week of giving her biometrics.
What are the requirements for spouse visa extension?
The requirements for a spouse visa extension are contained under Appendix FM and FM-SE of the Immigration Rules and are much the same as an entry clearance spouse visa. The main requirements for further leave to remain in the UK as the spouse of a British citizen or settled person are as follows:
- Demonstrate that the marital relationship is still genuine and subsisting;
- Immigration Status requirement; that the Applicant has a valid visa in the UK to be able to make the application;
- Maintenance and accommodation in the UK without recourse to public funds; that the minimum income requirement of £18,600 can be satisfied either through the Applicant’s income, Sponsor’s income or a combination of the two; and
- English language requirement; minimum CEFR level A2.
How soon can I apply for spouse visa extension?
Migrants who are in the UK on a spouse visa and wish to extend their stay in the UK for a further 30 months can apply for a spouse visa extension within 28 days of the expiry of their valid spouse visa. Extension applications must be made before the expiry of the valid spouse visa, otherwise the migrant will become an overstayer; making future UK visas and immigration applications more challenging. Migrants are advised to make a note of their spouse visa expiry and begin preparing for their extension application 4 to 6 weeks before, to ensure all of the requirements mentioned above are satisfied and all the specified documents can be provided.
Applicants should note that they do not need to receive a decision on their spouse visa extension application by the expiry of their current spouse visa, just as long as the application is submitted in-time. This is because an Applicants visa status will be protected and continue under section 3c of the Immigration Act 1971 (“3c leave”) until a decision has been made on the extension application (or until appeal rights are exhausted).
How much does it cost to extend spouse visa?
The Home Office visa fees have been frozen for the third year in a row and it currently costs £1,052.20 to apply for a spouse visa extension (including the previously separate £19.20 biometric fee). Applicants should also be aware of the mandatory Immigration Health Surcharge (“IHS”) fee of £624 for every year of the visa validity (i.e. for a spouse visa extension of 30 months the total IHS fee will be £1,560).
Priority visa services are slowly resuming and if available at the time of the submission of the spouse visa extension application, Applicants can pay an additional £800 in order to receive a fast tracked decision on the application (one working day after the biometrics are submitted). The visa process is extremely costly for Applicants and there are also hidden fees which may be unavoidable such as an additional fee for the biometric appointment with the Home Office commercial partner Sopra Steria (UKVCAS). Whilst they do offer some free appointments at core service points, these are often limited availability and it can cost a further £75.50 to £200 to attend the biometric appointment.
Using our Immigration Solicitors in London submit a Spouse Visa 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 and visa legal representatives to successfully assist you with a Spouse visa 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.
Successfully submit a Spouse Visa Extension 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 visa 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 application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.