Spouse Visa Extension Rules 2025

spouse visa extension

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If you are a UK spouse visa holder and your period of leave is due to expire, you will need to apply for a spouse visa extension to remain in the country with your partner.

The spouse visa extension application can be just as rigorous and demanding as your initial visa application. You will again be required to evidence that you continue to meet the visa eligibility requirements in respect of your relationship and finances.

If your spouse visa extension application is successful, you will be granted a further 30 months to remain in the UK, at the end of which you should have accrued five years‘ qualifying residency in the UK and become eligible to apply for indefinite leave to remain.

With so much at stake, how should you prepare your extension application?

 

Spouse visa extension requirements

 

When making an application for a spouse visa extension, both you and your spouse or partner must be aged 18 years or over, be present in the UK and be living together permanently.

 

Relationship requirement

 

To qualify for the spouse visa extension, you will need to prove that you are in a ‘genuine and subsisting’ relationship with your spouse who is either:

 

  • a British citizen
  • someone who is present and settled in the UK, with either indefinite leave to remain or proof of permanent residence; or
  • a person with refugee status or who has been granted humanitarian protection in the UK.

 

Your relationship must either be legally recognised as a marriage, civil partnership or, if you are unmarried, have proof you have been in a relationship which is akin to a marriage or civil partnership for at least two years.

You will also be required to prove you have been living with your spouse for the duration of your UK residency and that you intend to continue to cohabit indefinitely – throughout the extension period and beyond.

 

Financial maintenance requirement

 

To satisfy the financial requirement when applying for a spouse visa extension, you and your spouse or partner will need to have a combined annual income of at least £18,600 for applications submitted before 11 April 2024. From 11 April 2024, the financial threshold for the UK spouse visa is increasing from £18,600 to £29,000, and will rise again to £38,700 by early 2025.

The minimum salary threshold also increases for every dependent child you have who is not a British or Irish citizen or is not permanently settled in the UK. If you are applying with a dependent child, you must prove an additional £3,800 for the first child, together with an increase of £2,400 for each additional child.

A ‘child’ is classed as someone under the age of 18 who is dependent on you or your partner.

This minimum income threshold can be met either through your spouse or partner’s salaried or self-employed income, or your own income where you have permission to work in the UK.

You can combine income from different sources, such as pension income or maternity allowances.  You can also use cash savings above £16,000 in lieu of income.

In the event that your spouse or civil partner is in receipt of a specified benefit or allowance, such as Disability Living Allowance or Carer’s Allowance, you will be exempt from meeting the financial requirement in the form of a minimum income threshold.

This is a complex area, and with other sources of funds potentially considered acceptable, it is advisable to take professional guidance on your specific circumstances.

 

English language requirement

 

Spouse visa extension applicants will have to show they meet a standard of A2 level in English speaking and listening, under the Common European Framework of Reference for Languages.

You can also prove your knowledge of English by taking an approved English language test in speaking and listening.

You will be exempt from the English language requirement if you are a national of an English speaking country (such as the USA or New Zealand), if you are aged 65 or over, or if you have a physical or mental condition that prevents you from meeting this requirement.

 

Good character requirement

 

You will also need to pass the good character requirement. This is a general test to determine if there are grounds to refuse your application due to issues such as immigration breaches or criminal convictions while you have been in the UK.

 

Exceptional circumstances

 

If you do not meet the requirements for a spouse visa extension, you may still be able to apply to extend your permission to stay in the UK in the following circumstances:

 

  • there would be significant difficulties for you and your partner if you lived together as a couple outside the UK that could not be overcome.
  • you have a child in the UK who is a British citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK.
  • it would breach your human rights to make you leave the UK.

 

Take advice on your circumstances if you are concerned about your eligibility.

 

How do I apply for a UK spouse visa extension?

 

You should apply online for your spouse visa extension before your existing UK spouse visa expires. Ensure you have collated all the required supporting documents and have all the required information to hand.

As part of the application process you will be required to provide details of your spouse or partner, including the nature of your relationship with them.

In circumstances where, for example, you have been unable to provide all the evidence that the Home Office needs, you may be invited for an interview.

You will need to pay the application fee and the Immigration Health Surcharge before the application will be accepted for submission.

 

Spouse visa extension form

 

The form to use to apply for a spouse visa extension is Form FLR (M). The form should be completed online on the government’s website.

Please note, if you are looking to extend your stay in the UK indefinitely, you cannot use form FLR (M). Applying to settle in the UK requires a different form with different requirements.

 

Spouse visa extension documents

 

You will be required to submit various documents in support of your application for a spouse visa extension, including your existing and previous passports or travel documents. The specific documents to provide will depend on your personal circumstances, but generally you would look to include the following to prove you meet the visa requirements:

 

  • Proof of your identity such as your passport
  • Proof of your spouse’s UK status e.g. proof of indefinite leave to remain
  • Proof of your relationship, such as your marriage certificate and evidence of cohabiting for the period of UK residency, correspondence (e.g. utility bills, with both addressees)
  • Proof of meeting the financial requirement such as payslips to prove your income or bank statements showing savings
  • Proof of your knowledge of English if applicable, such as a degree certificate or a certified English language test certificate
  • Additional documents depending on your circumstances, for example, a divorce certificate to show that any previous marriages or civil partnerships have come to an end

 

 

Spouse visa extension fee

 

The application fee for applying for a spouse visa extension from within the UK is £1048.

Additional costs include the fee to enrol your biometric information, the fee to sit the English language test (if applicable), and you will also incur costs if you need any documents translated into English.

You may also be liable to pay the Immigration Health Surcharge. This is a compulsory fee that provides you with access to the National Health Service for the duration of your period of leave as a UK spouse visa holder.

You may be able to pay an additional fee for fast-tracked processing of your application. You will be advised when submitting your application if this is available to you.

 

Spouse visa extension refused?

 

You will receive a decision letter from the Home Office outlining the grounds for refusal. In most cases, these will be minor errors that can be rectified and the application resubmitted.

There is no general right to appeal a refused spouse visa extension. However, if you believe the Home Office has made a mistake, you may be able to challenge for the application to be reconsidered through an ‘Administrative Review‘, or Judicial Review in more serious cases. You would need to take advice soon after receiving the refusal as strict time limits apply when challenging the Home Office.

 

Need assistance?

 

DavidsonMorris is a law firm specialising in UK immigration. We help individuals with their UK immigration needs, and can guide and support you through any Home Office process, including applications to extend spouse visas. If you have a question about a spouse visa extension, please contact us.

 

Spouse visa extension FAQs

 

What is a Spouse Visa extension?

A Spouse Visa extension allows individuals in the UK on a Spouse Visa to extend their stay beyond the initial period, usually for another 30 months.

 

When should I apply for a Spouse Visa extension?

You should apply no earlier than 28 days before your current visa expires to avoid a gap in your immigration status.

 

What is the fee for a Spouse Visa extension?

The fee for extending a Spouse Visa is £1,583. Additional fees may apply for the Immigration Health Surcharge and optional priority processing.

 

What documents are required for the extension application?

Key documents include proof of your relationship, evidence of meeting the financial requirement, accommodation details, and proof of your English language proficiency.

 

Do I need to meet the financial requirement again?

Yes, you must meet the financial requirement, which is typically a gross annual income of £29,000, or use savings to meet any shortfall.

 

Can I work while waiting for my extension decision?

Yes, as long as you applied before your current visa expired, your existing work rights continue under Section 3C Leave.

 

Do I need to retake the English language test?

If you already demonstrated English proficiency during your initial application, you may not need to retake the test unless your circumstances have changed.

 

What happens if my application is refused?

You may appeal, request an administrative review, or reapply with additional evidence. Seeking legal advice is recommended in such cases.

 

Can I include dependants in my application?

Yes, dependants such as children can be included in your application. Additional financial requirements may apply for dependants.

 

Does time spent on a Spouse Visa count towards settlement?

Yes, time spent on a Spouse Visa counts towards the five years required to apply for Indefinite Leave to Remain (ILR).

 

Can I switch to a different visa type instead of extending?

Depending on your circumstances, you may be able to switch to another visa type, such as a work visa, if you meet the eligibility requirements.

 

Glossary

 

Term Definition
Spouse Visa A visa that allows the spouse or partner of a British citizen or settled person to live in the UK.
Spouse Visa Extension The process of extending a Spouse Visa to remain in the UK for an additional 30 months.
Financial Requirement The income or savings threshold that the sponsoring partner must meet, currently £29,000 annually or equivalent in savings.
Immigration Health Surcharge (IHS) A fee paid as part of the visa application to access the UK’s National Health Service (NHS).
Proof of Relationship Documentation that shows the marriage or partnership is genuine, such as joint bank statements, utility bills, and photographs.
English Language Requirement A condition requiring applicants to demonstrate their proficiency in English through an approved test or qualifications.
Accommodation Requirement Evidence that the couple has suitable housing in the UK that is not overcrowded and meets health and safety standards.
Priority Processing An optional service that expedites the processing time of a Spouse Visa extension application for an additional fee.
Section 3C Leave A provision that extends an applicant’s existing visa rights while their extension application is pending with the Home Office.
Indefinite Leave to Remain (ILR) Permanent residency status allowing individuals to live and work in the UK without immigration restrictions.
Dependants Family members, such as children, who are included in the Spouse Visa extension application.
Administrative Review A process to challenge a visa refusal if the applicant believes an error was made in the decision.
Appeal A legal process where a visa refusal is challenged in a tribunal or court.
Eligibility The set of criteria applicants must meet to qualify for a Spouse Visa extension, including financial, relationship, and accommodation requirements.
Biometric Residence Permit (BRP) A card issued to visa holders containing their personal details and immigration status in the UK.
UK Visas and Immigration (UKVI) The government department responsible for processing visa applications, including Spouse Visa extensions.
Genuine Relationship Test An assessment by UKVI to ensure that the marriage or partnership is real and not solely for immigration purposes.
Overstaying Remaining in the UK beyond the validity of a visa without legal permission, which can lead to serious consequences.
Switching Visas The process of changing from one visa type to another while in the UK, such as switching from a Spouse Visa to a work visa.

 
 
 

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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