What are useful online sources of information and guidance for renewal of spouse visa under 5 years route?
What if my spouse visa renewal/extension application is not successful?
If your spouse visa renewal application is unsuccessful, you may have one of the two options available to you:
Option to re-apply within 14 days
You can re-apply for spouse visa renewal within 14 days of the deadline for filing an appeal against the refusal has expired. Our expert team of spouse visa solicitors can provide the required legal help and assistance for re-applying for spouse visa renewal after refusal.
Option to file an appeal against the refusal
You can file an appeal against the refusal of your spouse visa renewal within 14 days of the refusal decision. Our specialist appeal lawyers can provide expert legal help and assistance with your appeal to the First Tier Tribunal (FTT) to challenge the refusal of your spouse visa renewal.
You should take appropriate legal advice before choosing the right option for you in your given circumstances.
What are the most common reasons for refusal of spouse visa renewal application under 5 years route?
The most common reasons for refusal of spouse visa renewal under 5 years route include the following:
- not meeting the financial requirement;
- not meeting the English language requirement;
- Home Office UKVI not satisfied that the relationship with the British or settled spouse is still subsisting;
- general grounds for refusal such as allegation by the Home Office UKVI of applicant using proxy for TOEIC test previously, making false representations, etc.
Can Home Office grant me leave under 10 years route if I do not meet the requirements under 5 years route?
Yes, it is very common for the Home Office UKVI to grant leave to remain under 10 years route where the applicant allegedly does not meet the requirements for grant of leave under the 5 years route.
In the event of Home Office granting leave under 10 years route, the applicant will not be given appeal right to challenge the refusal in the First Tier Tribunal. Such decision of the Home Office UKVI can only be challenged by way of Judicial Review in the Upper Tribunal.
Our expert team of Judicial Review solicitors can help you with your Judicial Review against the Home Office UKVI decision to grant you leave under 10 years route instead of 5 years route if you believe that the decision not to grant under 5 years route is wrong and unlawful.
How long does spouse visa extension/renewal take?
The processing time for renewal of spouse visa (5 years route) is dependent on the type of service you use to apply for extension of your spouse visa. The processing times for renewal of spouse visa (5 years route) are as follows:
An application for spouse visa renewal under standard service is likely to be decided by the Home Office UKVI within 3 to 6 months.
An application for extension of spouse visa under priority service is likely to be decided within 5 working days.
Super Priority Service
An application for spouse visa renewal under the Super Priority Service is likely to be decided within 24 hours.
How much does it cost to renew spouse visa UK?
The Home Office UKVI fees for renewal of spouse visa 5 years route are as follows:
- Application fee: £1033
- Immigration Health Surcharge (IHS): £1,560
- Biometrics Enrolment Fee: £19.20
- Super Priority Service for decision within 24 hours (Optional): £800
In addition to the Home Office UKVI fees for renewal of spouse visa under 5 years route, you will also have to pay the solicitors legal costs if you are getting legal help and assistance of a solicitor for renewal of spouse visa under 5 years route. Click here to check our fixed fees for spouse visa renewal under 5 years route.
Which English test is required for spouse visa extension under 5 years route?
You will need to pass the Home Office UKVI approved English test known as IELTS Life Skills at level A2 (listening and speaking only) for the renewal of your spouse visa under 5 years route.
How soon can I apply for spouse visa extension/renewal?
You can apply for spouse visa renewal any time within 28 days before completing 30 months residence in the UK on spouse visa OR before your spouse visa expires.
Is there a residence requirement for spouse visa renewal under 5 years route?
Under the UK immigration Rules, there is no specified residence requirement for renewal of spouse visa. However, as the spouse visa category is a settlement category, it is expected that the applicant has intention to live permanently in the UK with the UK sponsor in order to settle in the UK. Long absences from the UK may raise a question mark on the applicant's intention to live permanently in the UK with the UK sponsor.
What documents are required for spouse visa extension/renewal under 5 years route?
The documents to be submitted in support of the spouse visa renewal will vary depending on the personal circumstances of the applicant and the UK sponsor. Generally spaking, you may need to provide various documents in support of your spouse visa renewal under 5 years which may include the following:
- your current and previous passports
- your biometric residence permit
- your spouse's immigration status documents e.g. British passport or ILR BRP card
- evidence of relationship with your spouse including marriage certificate and evidence of cohabitation with your spouse
- evidence to show how you meet the financial requirement of earning £18,600 or mroe e.g. pay slips, bank statements and other relevant documents as per your circumstances
- evidence of your accommodation in the UK
- evidence of meeting English language requirement e.g. English test certificate or degree certificate etc
- if either the applicant or the UK sponsor was previously married, the divorce certificate of the applicant or the sponsor, as the case may be
It is pertinent to note that the supporting document to meet the financial requirement will vary from case to case depending on how the financial requirement is being met. Our expert team of solicitors for spouse visa renewal can assess your personal circumstances fully and give you a complete list of all the documents required to be submitted in your application as per your personal circumstances.
My wife is on spouse visa in the UK. If I claim universal credit, will it affect my wife's application for extension of spouse visa under 5 years route?
As long as you and your wife meet the financial requirement for extension of spouse visa under 5 years route, receiving universal credit or any other public funds in your name should not have any adverse impact on your wife’s application for spouse visa extension.
How can I apply for switching from fiance visa to spouse visa after getting married in the UK whilst on fiance visa?
You can apply for switching from fiance visa to spouse visa (5 years route) by completing an application form FLR (M) online.