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Spouse or Partner Leave to Remain Extension

Extend your leave to live in the UK as the wife, husband, civil partner or unmarried partner

The Spouse/Partner Leave to Remain Extension is for those who have come to the UK as the Spouse or Partner of a British Citizen or someone who holds Indefinite Leave to Remain (the 'Sponsor').

You will have come to the UK with leave to enter for 33 months. Before that period expires you must apply for Leave to Remain to extend your lawful immigration status in the UK. It is vitally important to apply to extend your leave before the expiry of your current leave. That ensures you are still here legally while waiting for the decision on your extension application from the Home Office.

How you apply depends on your circumstances. There are strict rules relating to Spouse or Partner Leave to Remain applications and precise evidence must be provided or the application will fail.

For Spouse Visa Extension applications you must show:

  • That you and the Sponsor in the UK are still in a genuine ongoing relationship and have lived together since you arrived in the UK
  • That the Sponsor is British or has Indefinite Leave to Remain
  • That you have a valid marriage or civil partnership and that, if you or your partner have been married or in a civil partnership previously, that relationship has formally ended
  • That there is still adequate accommodation for you and your partner
  • That you have passed an English Language Test at level A2 unless you are from a recognised English speaking country
  • That you meet the financial requirement that you and/or Sponsor earn over £18,600 per year from employment or self employment - or that there are cash savings, pensions, non-employment income that can meet the financial requirement. If the Sponsor is on certain welfare benefits, you must show that you and the Sponsor can adequately accommodate and maintain yourselves. 

Working with us

It is vitally important that the evidence given to the Home Office to support your application is absolutely correct - otherwise your application runs a high risk of refusal and you will lose your Home Office application fee.

The financial evidence in particular is complex and specific. We are meticulous when we prepare applications and will not submit the application until we are satisfied that there is no reason for the Home Office to refuse the application. That's why our success rate is very high.

We work on a fixed fee basis so we do not charge by the hour. The fixed fee covers ongoing advice and the entire preparation and submission of the application and supporting evidence.

Our experienced team will take all the stress and work out of these applications. At Immigration Legal Services, we know how important it is that you are able to live with the person you love. We have successfully applied for a huge number of Spouse/Partner Leave to Remain Extensions.

How does the process work?

We work with you and your partner in the UK to gather the evidence. We then submit the application online and arrange an appointment for you to attend your local visa application centre where you will present your passport and register your fingerprints and have a photo taken.

Once you have attended the appointment, it takes around 8 weeks to get a decision from the Home Office. There are Priority Services which secure a decision much sooner.

"Excellent people, excellent service."

Lindy Pine

When your new leave is granted, you will be issued with a new Residence Card by the Home Office. The spouse visa extension allows you to work, study, rent property, open a bank account and drive in the UK. When you have lived for 5 years continuously in the UK as a Spouse or Partner, you will be eligible to apply for Indefinite Leave to Remain.

Frequently Asked Questions

I came to the UK as the wife of a British Citizen. I have had a baby since I came here but my husband has lost his job and no longer earns over £18,600 per year. What can we do?

You will need to switch to the '10 year route to settlement'. If you can meet all the requirements of the Spouse or Partner Leave to Remain route, you can apply for 'settlement' or 'indefinite leave to remain' after 5 years. If you cannot meet any of the requirements, you can use an exception to the normal rules that allows you to stay, but you must wait 10 years until you can apply for indefinite leave to remain.

I came to the UK on a Tier 2 Visa and I have since entered a civil partnership with my partner who has Indefinite Leave to Remain in the UK. Can I change to the Spouse or Partner Leave to Remain route?

Yes you can. If you change, you will rely on your relationship with your partner to continue living legally in the UK, rather than relying on your employment.

My employer thinks she will have to dismiss me because my leave has run out. I applied for Spouse or Partner Leave to Remain before my leave expired. What can I do?

Because you applied for a spouse visa extension before your previous leave expired, you are able to continue living in the UK on the same basis as your previous leave - so you can continue working. We can provide a letter to your employer confirming your application. This will assist your employer to check your immigration status with the Home Office. 

Get in touch
Extend your leave to live in the UK as the wife, husband, civil partner or unmarried partner
Find out more about Spouse/Partner Leave to Remain Extension by calling or emailing us. We offer a free initial consultation where we will assess your circumstances and advise on your options. The consultation can be face to face or by phone or email.
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  • "Simply a team of experienced people who gave us excellent and honest advice. Having now taken an appeal through to a successful conclusion for the (very reasonable) price promised, I have no hesitation in recommending this firm."
    Jon Chrimes - Google Review
  • "The team went an extra mile and fought my case much more and much better than I would have expected. In the end, my case was successful and I cannot thank them enough for all they have done. If I ever need legal help in the future I will definitely use their services again and recommend them for their reasonable prices, supportive advice and first rate legal services."
    ANONYMOUS - Google Review
  • "Excellent people, excellent service. They made the process of bringing my husband to the UK painless. Couldn’t have done it without them, highly recommend!"
    Lindy Pine - Google Review

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