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If you are already in the UK on a partner visa, you may be eligible to apply to extend your permission to stay in the UK and work towards settlement.
To be granted further leave to remain on the basis of your relationship, you will need to meet the specified requirements. These can be broken down into six main categories:
1. Suitability requirements
These requirements relate to your conduct and character. If you have any criminal convictions or previous immigration problems in any country, these will be considered here.
2. Relationship requirements
These requirements will be similar to those which you met for your initial grant of leave as a partner. You will need to provide evidence to confirm that your relationship continues to be genuine and subsisting and that it is your intention to continue living together permanently in the UK.
3. Immigration status requirement
This requirement should be met if you submit your application while lawfully in the UK, i.e. prior to the expiry of your current permission.
4. Financial requirement
To meet this requirement, you must be able to show that you have a specified gross annual income of at least £18,600, or savings totally at least £62,500. The financial requirement can be met in several different ways but the most common way relied on is usually employment. Specific documents will need to be provided to demonstrate that this requirement can be met.
Note there are special rules for people employed in small or family businesses – Latitude’s lawyers have extensive experience with such cases and can provide detailed advice on the documents you require.
Relying on savings or other capital requires a threshold savings amount of £62,500 to have been personally held for at least 6 months preceding the date of your extension application.
5. Accommodation
You must be able to show that there is accommodation available for you and your partner. The accommodation must not be overcrowded and cannot contravene any public health requirements.
6. English language
The minimum level of English required for a partner extension application is Level A2 of the Common European Framework for Languages (CEFR). It is important to note this is higher that the A1 test required for your first, visa application. If you are able to complete a Level B1 test at this stage then do so, as you will be able to rely on the same test when applying for settlement.
You will need to provide a range of documents to support your application, including:
You may be able to add your children to your application as your dependant if they are under the age of 18 on the date of the application and they are not leading an independent life. They will also need to meet the suitability and eligibility requirements.
You must make this application before your current visa expires. You can make this application as soon as you have completed your first 30 months of residence in the UK as a partner.
If your extension application is successful, you will be granted further leave to remain for 30 months. After 60 months or 5 years of continuous residence in the UK on this route, you will be eligible to apply for settlement.
To extend your permission to stay from within the UK, £1048 per applicant will be payable. You will also need to pay for the Immigration Health Surcharge.
Due to the complicated eligibility requirements that must be met, and evidence which must be provided, it is usually best to speak to specialist immigration lawyers who can assist your efforts and provide you with the best chance of success. Our experienced team at Latitude Law will do their upmost to ensure that your application is successful.
To learn more about how Latitude Law can help you, call our team on 0044 161 234 6800 or complete our contact form and we will get in touch at a time that is convenient for you.
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