Making an application for leave to remain as a spouse within the UK?
AMI DHANJEE >
Consultant SolicitorWed 22 August 2018
You would make this application if you were already in the UK with entry clearance as a spouse which is coming to an end and you wish to extend the same leave for which I described the requirements in my previous blog. Alternatively, someone would submit this application if they were already in the UK on another visa (apart from a visitor visa) and had married their British partner in this time i.e. if they had been granted discretionary leave on the 10 year route to settlement as a partner and after the first period of leave wished to shorten their route to settlement.
The requirements for making this application are as below and they are very similar to the requirements for entry clearance as I detailed in my previous blog:
- English Language - The applicant would be required to meet this requirement again but this time at level A2. You would be exempt if you are over the age of 65, suffering from a serious illness which prevents you from taking the test or you are a national of a majority English speaking Country.
- Relationship requirement - In this requirement the main addition would be to include evidence of living together in the UK during the first period of leave. If there have been any children then their details would also be included to meet this requirement.
- Financial requirement - The applicant would still need to show that an income of £18,600 is earned but this time both the applicant and their spouse's income can be taken into account.
- Accommodation - The Home Office would expect to see that the applicant and their spouse have sufficient accommodation and will not rely on public recourse for housing.
- NHS surcharge - The applicant will again need to pay an NHS surcharge which is currently £500 for this visa.
Please also remember that the requirement for this visa is that you have spent 30 months in the UK so you do not have to wait for the expiry of your visa to make an application, you can submit anytime within 28 days prior to completing 30 months in the UK.
Anyone who has been in the UK on a Spouse Visa for 60 months may be eligible to apply for Indefinite Leave to Remain and should watch out for my next blog on obtaining Indefinite Leave to Remain as the spouse of a British citizen.
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