Spouse Visa Extension

If you’re coming to the end of your two and a half years on your Spouse Visa then you may be wondering what your options are next. In this article, we will try to show you the options that you have once your initial visa period has come to an end, or is about to, and offer some practical tips on what to do next.

I’ve come to the end of my two and a half year stay on a Spouse Visa, am I eligible to extend it?

Yes, you can extend your Spouse Visa up to 28 days before the expiry of your current one. It is worth doing this as early as possible as you will then give UK Visas and Immigration the maximum time available to process your application – which can take up to 12 weeks. You need to ensure that you remain eligible for the Spouse Visa and any changes to your life fall inside the eligibility criteria of the Spouse Visa. Any failure to advise UKVI of changes to your lifestyle is not going to go down very well, so it is important you keep them informed of anything that may affect your immigration status.

Can I apply for Indefinite Leave to Remain (ILR) at the end of my first two and a half years on a Spouse Visa?

If you have only served two and a half years on your initial visa then no you will not be eligible to apply for Indefinite Leave to Remain (ILR), but if you are now up to five years of living in the UK you should be able to apply – as long as you have no significant gaps outside of the country and your eligibility criteria is in line with the requirements for Indefinite Leave to Remain (ILR).

Will Brexit affect my rights?

At this stage, we don’t know what changes are going to come with Brexit as immigration is concerned, but as we understand the situation at present, we don’t believe that the rules will change significantly on the Spouse Visa. This lack of change will likely be because of the requirement to have a “settled person” already in the UK and it is unlikely that any “settled person” would lose their right to remain in the UK on a permanent basis. If you are concerned then please get in touch and hopefully we can allay your fears.

Where can I go for my help?

If you get in touch with our immigration solicitors, they can help to assess your situation and be able to give you an honest appraisal of your case. In most cases as long as your situation hasn’t changed significantly then there should be no issue in gaining an extension to your current Spouse Visa. To discuss this or any other immigration query and please get in touch and we can help to guide you with your query.

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