Spouse Visa Extension - The Basics

A spouse visa is normally issued for an initial 2.5 years. Once this term ends, you will need to apply for an extension to remain in the UK for a further 30 months, which would push your total time in the UK up to 5 years, following which you would be eligible for ILR. Consequently, an extension will mean that you will be subject to demands that are comparable to your initial application.

The main reasons for opting for a spouse visa extension after 5 years rather than ILR are as follows:

Failure to meet the residence requirements for ILR: If you do not complete 5 consecutive years in the UK with your spouse, you must extend your visa, especially for those on the 10-year route requirements of a spouse visa  — which require you to have continued residence for 10 years since the specific circumstances like failing to meet the financial or relationship conditions for the initial 5-year period​.

Financial and language requirements: As in your first application, extending a spouse visa requires evidence of a minimum income threshold. From April this year, 2024, the threshold for entrants after this date is £29,000 per annum. You will also need to demonstrate that you have achieved an A2 level in English.

Learn more from this video about the financial requirements of a spouse visa. 

Applying for Indefinite Leave to Remain (ILR) After a Spouse Visa

The spouse visa to ILR route will permit the individual to live and work in the UK without time restraints. Most spouses will be eligible for ILR after 5 years of continuous residence in the UK as long as all conditions are fulfilled. In simple terms, this route is the 5-year route for those for whom the relationship, financial, and residence requirements​ apply.

ILR key requirements include:

Residency requirement: In order to qualify for ILR, one would need to have been resident in the UK for 5 successive years after having obtained the spouse visa. The residence needs to be since the date that the spouse visa was granted, having lived with his or her spouse and continued that relationship that originally formed the visa.

Financial requirements: In fact, ILR eligibility is the same as a spouse visa extension. For applicants applying after April 2024, both you and your spouse have to be able to demonstrate a joint annual income of £29,000.

Use of the English language and knowledge about life in the UK: To be eligible to apply for ILR, you will have to pass the Life in the UK test and have an appropriate higher level of proficiency in the English language - that is, at least B1.

Choosing Between a Spouse Visa Extension and ILR

Determine whether you need to apply for the spouse visa extension after 5 years or switch to ILR based on what is needed by you. The guide on how to choose between two of them based on the necessity required for you is as follows:

Length of stay: You are still not over 5 years since you started staying in the UK on a spouse visa, so an extension is available. After completing of 5 years of staying in the UK on the spouse visa and fulfilling other provisions, a move to ILR is appropriate for permanent residency.

Financial and language preparedness: If you are not certain that you qualify in the higher financial and language levels for ILR, an extension of your spouse visa would allow you sufficient time to prepare.

Long-term plans: ILR removes most of the restrictions that a spouse visa brings. Once you are granted ILR, you can live and work without time limits; after one year of living with ILR, you can apply for British citizenship. Extending the spouse visa keeps you on a limited timeline; you have to reapply every 30 months until you qualify for ILR​.

Get Proper Legal Guidance 

If you are getting near to 5 years of stay, the better play for you will be to apply for ILR. If you need a little more time so that you can improve your financial status or because you can upgrade your language abilities and, in addition, help improve your residence condition – then a spouse visa extension after 5 years becomes a better move for you. To ensure you take the right step in the application process, seek professional advice and guidance from A Y & J Solicitors. We have specialisation in spouse visa extension and help clients transition into ILR status and, therefore, secure future residency in the UK.