Spouse Visa UK (5 Years Route)

You can rely on following useful online sources to find an answer to your question about extension of spouse visa 5 years route:

Apply Online For Renewal Of Spouse Visa

The Home Office UKVI website gives you access to the online application form FLR (M) to apply for renewal of spouse visa under 5 years route.

Appendix FM: Immigration Rules

Appendix FM to the UK Immigration Rules sets out the requirements an applicant for renewal of spouse visa under 5 years route.

Appendix FM SE: Immigration Rules

Appendix FM SE to the Immigration Rules sets out the specified documents to meet the financial requirement for renewal of spouse visa.

Appendix FM Financial Requirement: Home Office Guidance

The Home Office UKVI guidance on meeting the financial requirement is a useful source of information and guidance on how to meet the financial requirement for extension/renewal of spouse visa.

Approved English Language Tests

The Home Office UKVI page Applying for a UK visa: approved English language tests is a useful source of information about approved English language test centres in the UK and around the world for spouse visa application.

Partner, Divorce & Dissolution Guidance UKVI

The Home Office UKVI guidance: Partner, Divorce & Dissolution Guidance UKVI is a useful source of information and guidance about the validity of marriage, divorce, civil partnership or dissolution of civil partnership.

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.

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.

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.

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:

Standard Service

An application for spouse visa renewal under standard service is likely to be decided by the Home Office UKVI within 3 to 6 months.

Priority Service

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.

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.

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.

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.

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.

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.

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. 

You can apply for switching from fiance visa to spouse visa (5 years route) by completing an application form FLR (M) online. 

Following are the useful online sources of information and guidance for ILR as a spouse of a British Citizen/settled person:

• Apply ILR As A Spouse Online - SET (M)
• Appendix FM: Immigration Rules
• Appendix FM SE: Immigration Rules
• Financial Requirement - Home Office UKVI Guidance
• Applying for a UK visa: approved English language tests
• Life In The UK Test For ILR Spouse Visa
• Appendix KoLL: Knowledge of Language & Life
• Immigration rules Appendix O: approved English language tests

You can apply for ILR as a spouse under 5 years route by completing application form SET (M) online.

You can apply for ILR as a spouse under 5 year within 28 days before completion of 5 years residence with leave to remain as a spouse under 5 years route.

No, you cannot apply for ILR until you have completed 5 years residence in the UK unde 5 years spouse visa route. Prior to 9 July 2012, it was possible to apply for ILR after 2 years residence in the UK on spouse visa but as a result of change in Immigration Rules in 2012 the ILR qualifying period for spouse visa was changed to 5 years under the 5 years route.

You will need to pass the Home Office UKVI approved English test known as IELTS Life Skills at level B1 (listening and speaking only) for your spouse visa ILR under 5 years route.

Under the UK immigration Rules, there is no specific provisions with regards to absences from the UK whilst on 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.

The requirement of not being absent for more than 180 days in each year does not apply to spouse visa ILR applications.

The immigration rules require that an applicant who is applying for ILR as a spouse with no dependent children should have a combined (applicant's and sponsor's) salaried  income of not less than £18,600 gross per year.

You cannot combine time spent under spouse visa 10 years route with time under spouse visa 5 years route to apply for ILR as a spouse under 5 years route. You will have to complete 5 years continuously in the UK under spouse visa 5 years route and therefore you will have to seek one more extension of spouse visa under 5 years route so that you can complete 5 years continuously under spouse visa 5 years route to qualify for ILR as a spouse.

Your daughter can apply for ILR at the same time when you apply for your ILR as a spouse. The law does not require your daughter (who is step daughter of your British spouse) to complete 5 years in the UK to be eligible for ILR.

If you could not pass the Life in the UK test, you can apply for extension of your spouse visa instead of applying for indefinite leave to remain (ILR). You can then apply for ILR once you have passed the Life in the UK test any time during the validity of your extended spouse visa.

 You can rely on following useful online sources to find an answer to your question about UK spouse visa entry clearance application:

How To Apply For Switching Into Spouse Visa Online

The Home Office UKVI website gives you access to the online application form to apply for switching into spouse visa online from inside the UK.

Appendix FM: Immigration Rules

Appendix FM to the UK Immigration Rules sets out the requirements an applicant has to meet for switching into spouse visa from inside the UK.

Appendix FM SE: Immigration Rules

Appendix FM SE to the Immigration Rules sets out the specified documents to meet the financial requirement for switching into spouse visa from inside the UK.

Appendix FM Financial Requirement: Home Office Guidance

The Home Office UKVI guidance on meeting the financial requirement is a useful source of information and guidance on how to meet the financial requirement for switching into spouse visa from inside the UK.

Approved English Language Tests For Switching Into Spouse Visa

The Home Office UKVI page Applying for a UK visa: approved English language tests is a useful source of information about approved English language test centres in the UK and around the world for spouse visa application.

Partner, Divorce & Dissolution Guidance UKVI

The Home Office UKVI guidance: Partner, Divorce & Dissolution Guidance UKVI is a useful source of information and guidance about the validity of marriage, divorce, civil partnership or dissolution of civil partnership.

Upper Tribunal decision in CB (Brazil) (validity of marriage: proxy marriage) [2008] UKAIT 00080 on the recognition of proxy marriages in the UK

This case law deals with the validity of proxy marriages and whether or not such marriages are considered as legally recognised in the UK.

The documentary evidence to be submitted in support of the spouse visa entry clearance for UK varies from case to case depending on the personal circumstances of the applicant and the sponsor. Our specialist spouse visa solicitors can provide you a comprehensive list of supporting documents after fully assessing the personal circumstances of the applicant and the UK sponsor.

It is no longer possible to track the status of your spouse visa application online. To know the current status of your spouse visa application, you must use Home Office UKVI email or phone option, which unfortunately is NOT FREE. You must provide your GWF number when calling or emailing them.

As a result of your spouse visa entry clearance application being successful, you will be issued with vigenette endorsed on your passport valid for 30 days to facilitate your entry in the UK.

Within 10 working days after your entry in the UK during the given 30 days, you should collect your Biometric Resident Permit (BRP) card from the designated pre-selected post office. Your UK visa entry clearance will be valid for 33 months on your Biometric Resident Permit (BRP) card.

The processing time of the spouse visa entry clearance application are as follows:

Standard Service

An application under standard service is decided normally within 12 weeks after the enrolment of biometrics at the UK visa application centre.

Priority Service

An application under Priority Service is normally decided within 6 to 8 weeks after the enrolment of biometrics at the UK visa application centre.

Super Priority Service

An applicaton for spouse visa entry clearance under Super Priority Service is normally decided within 24 hours after the enrolment of biometrics at the UK visa application centre. The Super Priority Service is not available from most of the countries at present.

Your sponsor must be earning not less than £18,600 gross per year if you are applying for spouse visa with no dependent children.

If your spouse visa entry clearance application is refused by the Entry Clearance Officer (ECO) of the Home Office UKVI, you will get a right of appeal to challenge the refusal of your spouse visa entry clearance application. You should file appeal against spouse visa entry clearance refusal within 28 days after receiving the refusal decision.

Yes, you will have right to work full time whilst living in the UK on spouse visa.

Unless you are a national of Republic of Ireland, your husband cannot apply for EEA Family permit under the EU Settlement Scheme (EUSS) because your marriage took place after 31 December 2020. Your husband can apply for spouse visa entry clearance under Appendix FM of the Immigration Rules.

You can rely on following useful online sources to find an answer to your question about switching into spouse visa 5 years route from inside the UK:

Apply Online For Switching Into Spouse Visa

The Home Office UKVI website gives you access to the online application form FLR (M) to apply for switching into spouse visa under 5 years route.

Appendix FM: Immigration Rules

Appendix FM to the UK Immigration Rules sets out the requirements an applicant for switching into spouse visa under 5 years route from inside the UK.

Appendix FM SE: Immigration Rules

Appendix FM SE to the Immigration Rules sets out the specified documents to meet the financial requirement for switching into spouse visa from inside the UK.

Appendix FM Financial Requirement: Home Office Guidance

The Home Office UKVI guidance on meeting the financial requirement is a useful source of information and guidance on how to meet the financial requirement for switching into spouse visa from inside the UK.

Approved English Language Tests

The Home Office UKVI page Applying for a UK visa: approved English language tests is a useful source of information about approved English language test centres in the UK and around the world for spouse visa application.

Partner, Divorce & Dissolution Guidance UKVI

The Home Office UKVI guidance: Partner, Divorce & Dissolution Guidance UKVI is a useful source of information and guidance about the validity of marriage, divorce, civil partnership or dissolution of civil partnership.

Upper Tribunal decision in CB (Brazil) (validity of marriage: proxy marriage) [2008] UKAIT 00080 on the recognition of proxy marriages in the UK

This case law deals with the validity of proxy marriages and whether or not such marriages are considered as legally recognised in the UK.

You can apply for switching into spouse visa from inside the UK any time during the validity of your current leave to remain or visa. You do not necessarily have to wait until 28 days before the expiry of your current leave rather it is better to switch earlier, if possible so that your qualifying time for ILR can start as soon you have switched into 5 years route.

The Home Office UKVI fees for switching into 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 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 switcing into spouse visa under 5 years route. Click here to check our fixed fee for switching into spouse visa 5 years route.

Yes, you can apply for switching from Tier 4 General Student visa to spouse visa (5 years route) from inside the UK after you are married to a British Citizen or settled person. UK immigration Rules require that you must not be in breach of immigration laws to be able to switch from Tier 4 General student visa to spouse visa (5 years route).

Yes, a Tier 2 Migrant who is married to a British Citizen or settled person can switch from Tier 2 visa to spouse visa (5 years route) from inside the UK.

Yes, a Tier 5 Migrant who is married to a British Citizen or settled person can switch from Tier 5 visa to spouse visa (5 years route) from inside the UK.

The processing time for switching into spouse visa (5 years route) is dependent on the type of service you use to apply for switching into spouse visa. The processing times for switching into spouse visa (5 years route) are as follows:

Standard Service

An application for switching into spouse visa under standard service is likely to be decided by the Home Office UKVI within 3 to 6 months.

Priority Service

An application for switching into spouse visa under priority service is likely to be decided within 5 working days.

Super Priority Service

An application for switching into spouse visa under the Super Priority Service is likely to be decided within 24 hours.