M&M Immigration Lawyers

Renew Your Spouse Visa Under 5 Years Route Within 24 Hours (Super Priority Service)

You can apply for renewal of your spouse visa under 5 years route from inside the UK by using application form FLR (M) online prior to the expiry of your initial leave of 2.5 years. As a result of a successful application for extension of your spouse visa under 5 years route, you will be granted further leave to remain for 30 months (2.5 years) to be able to complete 5 years in the UK and thus apply for ILR as a spouse under 5 years route.

An application for spouse visa renewal will be considered in accordance with requirements of the Immigration Rules as set out in Appendix FM of the Immigration Rules. As expert spouse visa solicitors, we can renew your spouse visa under 5 years route within 24 hours . You can contact us if you are seeking legal help and assistance from spouse visa solicitors in Coventry to renew your spouse visa under 5 years route and our expert team of spouse visa solicitors will provide you with fast, friendly, reliable and professional legal services for your application.

Requirements For Spouse Visa Renewal Under 5 Years Route

For a spouse visa renewal/extension application to succeed, there are following main requirements:

1. The applicant must be lawfully in the UK with leave to enter or remain as a spouse of a British Citizen or settled person under 5 years route;
2. The applicant should meet the suitability criteria as set out in Appendix FM to the Immigration Rules
3. The applicant should provide the evidence of genuine and subsisting relationship with the UK spouse. The Home Office UKVI expects that you provide evidence of cohabitation covering at least last 2 years before the date of application.
4. The application should provide the documentary evidence to comply with the financial requirement  as set out in Appendix FM SE;
5. The adequate accommodation; and
6. English language requirement at level A2 of CEFR.

Switching From Spouse Visa 5 Years Route To Spouse Visa 10 Years Route

If you are currently in the UK under spouse visas 5 years route, and you do not meet the financial requirement of £18,600 or above, you can apply for switching into spouse visa 10 years route from inside the UK. Most applicants who switch from 5 years route to 10 years route will end up applying for Indefinite Leave to Remain (ILR) in the UK under 10 years long residence category once they have lived in the UK continuously and lawfully for at least 10 years. All the time spent in the UK on all kinds of UK visa categories including spouse visa 5 years route and spouse visa 10 years route will be counted towards ILR under 10 years long residence - SET (LR) application.

What Is Financial Requirement For Renewal Of Spouse Visa?

Meeting the financial requirement is one of the key requirements for renewal/extension of spouse visa under 5 years route from inside the UK.

Calculating The Financial Requirement

The applicant must provide evidence that the sponsor's gross annual income is at least:

• Partner with no children – £18,600;
• 1 child in addition to the partner – £22,400;
• 2 children in addition to the partner – £24,800;
• 3 children in addition to the partner – £27,200; and
• an additional £2,400 for each additional Non-EEA child.

The higher financial requirement for applicants applying with child(ren) will apply until the applicant partner qualifies for settlement, even if the child turns 18 before then. However, the 18+ year old’s income and savings will be permitted to count towards the financial requirement.

When Does Financial Requirement Does Not Apply To A Child?

The financial requirement does not apply to a child who:

• Is a British Citizen (including an adopted child who acquires British citizenship);
• Is an EEA national (except where the child is a child of a former relationship and does not have a right to be admitted to or reside in the UK under the Immigration
  (EEA) Regulations 2006 or the Immigration (EEA) Regulations 2016);
• Is settled in the UK (holds ILR in the UK) or who qualifies for indefinite leave to enter (ILE); or
• Qualifies under Part 8 or Appendix Armed Forces of the Immigration Rules in a category to which the financial requirement does not apply.

Meeting The Financial Requirement For Renewal/Extension Of Spouse Visa (5 Years Route)?

According to Appendix FM of the Immigration Rules, the applicant must meet:

• the level of the financial requirement applicable to their application; and
• the requirements specified as to:
  (a) the permitted sources of income/savings; and
  (b) the time periods and permitted combinations of sources applicable to each permitted source relied upon; and
  (c) the evidence required for each permitted source relied upon.

Income and cash savings must be in the name of the applicant, their partner or jointly. However, income and cash savings of a dependent child of the applicant can also be included once the child has turned 18 years of age.

All employment or self-employment income must come from working legally. All income and savings must be lawfully derived.

What Are The Various Sources Of Meeting The Financial Requirement?

Where the applicant has to meet the minimum income threshold, the financial requirement can generally be met in the following five ways:

• Income from salaried or non-salaried employment of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category A or Category B, depending on the employment history.
• Non-employment income, e.g. income from property rental or dividends from shares. This is referred to as Category C.
• Cash savings of the applicant’s partner and/or the applicant, above £16,000, held by the partner and/or the applicant for at least 6 months and under their control. This is referred to as Category D.
• State (UK or foreign), occupational or private pension of the applicant’s partner and/or the applicant. This is referred to as Category E.
• Income from self-employment, and income as a director or employee of a specified limited company in the UK, of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category F or Category G, depending on which financial year(s) is or are being relied upon.

Evidence Flexibility For Financial Requirement

The evidential flexibility is set out in paragraph D of Appendix FM-SE. Under Appendix FM-SE there is discretion for decision-makers to defer an application pending submission of missing evidence or the correct version of it, within a reasonable deadline set for this. Decision-makers will not have to defer where they do not think that correcting the error or omission will lead to a grant.

Decision-makers are also able to grant an application despite minor evidential problems (but not where specified evidence is missing entirely). There is also discretion for decision-makers where evidence cannot be supplied because it is not issued in a particular country or has been permanently lost. Decision-makers have general discretion to request additional information or evidence before making a decision.

Exemption From Financial Requirement For Renewal Of Spouse Visa Under 5 Years Route (Adequate Maintenance)

Where the applicant’s partner is in receipt of any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold of £18,600 or above:

• Carer’s Allowance.
• Disability Living Allowance.
• Severe Disablement Allowance.
• Industrial Injuries Disablement Benefit.
• Attendance Allowance.
• Personal Independence Payment (PIP).
• Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
• Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
• Police Injury Pension.

If the applicant’s partner is in receipt of one of the above benefits or allowances on behalf of their child, the applicant will be able to qualify by meeting the financial requirement through “adequate maintenance”. The evidence required to demonstrate that the applicant’s partner is in receipt of a specified benefit or allowance is specified in Appendix FM-SE.

English Language Requirement For Renewal Of Spouse Visa Under 5 Years Route

The applicant must provide specified evidence that he/she:

1. is a national of a majority English speaking country; or
2. has passed an English language test in speaking and listening at a minimum of level A2 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by the Home Office, UKVI; or
3. has an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
4. is exempt from the English language requirement because at the date of application:the applicant is aged 65 or over;

• • the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
  • there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK.

Divorce & The Effect On Spouse Visa

If you are in the UK with limited leave to leave to remain in the UK for 30 months under 5 years route and your relationship with your British or settled spouse breaks down permanently (irretrievably), you or your UK spouse can file for  divorce in the UK. If the Home Office UKVI comes to know through your partner or otherwise that your relationship with your British or settled spouse has broken down irretrievably or you are already divorced in the UK, the Home Office UKVI can take steps to curtail your leave to remain in the UK by reducing your leave to remain to expire in 60 days.

You may still be able to apply for further leave to remain in one of the following circumstances:

1. If you are a parent of a British child, you can apply for leave to remain from inside the UK as a parent of a British child;
2. If your relationship with your British or settled spouse broke down as a result of domestic violence, you can apply for Indefinite Leave to Remain (ILR) as a victim of domestic violence. As a victim of domestic violence, you have the option to apply for non-molestation order or occupation order through family court;
3. If you are in relationship with a different partner, you may be able to apply for leave to remain as a partner through your new partner.

How To Challenge The Refusal Of Spouse Visa Renewal Application?

If your application for spouse visa renewal is refused by the Home Office, UKVI and you believe that the refusal decision is unlawful, you can challenge the refusal of your spouse visa renewal by filing an Appeal Against Refusal Of Leave To Remain As Spouse Of A British Citizen Or Settled Person with the First Tier Tribunal (FTT) within 14 days of receiving the refusal letter.

Re-Applying For Spouse Visa Renewal After The Refusal

If your application for spouse visa renewal has been refused by the Home Office, UKVI and you believe that the decision to refuse your application is valid and lawful and therefore cannot be challenged successfully by way of appeal, you have the option to re-apply for spouse visa renewal within 14 days of your section 3C leave ending. We can provide the required legal help and assistance with re-applying for your spouse visa renewal under 5 years route through our Super Priority Service.

How We Can Help With Your Application For Spouse Visa Renewal Under 5 Years Route?

Our expert team of spouse visa solicitors specialise in UK spouse visa applications. If instructed to represent you regarding your application for renewal of spouse visa under 5 years route, we will carry out all the work on your application until a decision is made by the Home Office UKVI on your application. The immigration casework to be carried out by our expert team of spouse visa solicitors will include the following:

• Assessing your eligibility for renewal of spouse visa under 5 years route by considering all your personal circumstances including assessment of meeting the financial requirement;
• Advising you on the weaknesses and strengths of your application for spouse visa renewal;
• Advising you on the relevant documents to be submitted in support of your spouse visa extension application;
• Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules;
• Completing and submitting the online application form FLR(M) to apply for renewal of spouse visa by gathering all the relevant information from you and your spouse;
• Helping you with paying the spouse visa application fee and the Immigration Health Surcharge (IHS) for the application;
• Booking your appointment with the application centre for verification of documents and enrolment of biometrics;
• Where necessary, preparing detailed witness statement of the applicant and/or the sponsor explaining the background of their relationship and other relevant factors pertaining to the spouse visa renewal application;
• Preparing a detailed cover letter to introduce and support your spouse visa renewal application;
• Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics;
• Liaising with the Home Office UKVI for a timely decision on your spouse visa renewal application.