You can apply for extension/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.

Contents Table

Specialist Spouse Visa Solicitors
Eligibility Requirements
Super Priority Service For Decision Within 24 Hours
Switching From 5 Years Route To 10 Years Route
Financial Requirement
English Language Requirement
Divorce & The Effect On Spouse Visa
Challenging Refusal Of Spouse Visa Renewal
Re-Applying After Refusal
How Can We Help?
How Much We Charge?
Need Help? Book An Appointment
Frequently Asked Questions (FAQs)

Specialist Spouse Visa Solicitors

Our expert team of spouse visa solicitors in London, Manchester and Birmingham specialise in spouse visa renewal applications under 5 years route. Our specialist spouse visa solicitors have successfully helped thousands of clients with renewal of spouse visa under 5 years route. Our best team of spouse visa solicitors can provide fast, friendly, reliable and fixed fee immigration services concerning your spouse visa extension under 5 years route. Ask a question to our expert spouse visa solicitors for free immigration advice or submit an online request to schedule an appointment for detailed legal advice concerning your spouse visa renewal 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 applicant should provide the documentary evidence to meet the financial requirement  as set out in Appendix FM SE;
  5. The adequate accommodation; and
  6. English language requirement at level A2 of CEFR.

Super Priority Service (Decision Within 24 Hours) For Renewal Of Spouse Visa

As the expert spouse visa solicitors based in London, Manchester and Birmingham, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for spouse visa renewal application whereby decision on your spouse visa renewal application will be made by the Home Office UKVI within 24 hours of the enrolment of your biometrics at a designated service centre.

Our spouse visa solicitors can prepare and submit your spouse visa renewal application to the Home Office, UKVI through Super Priority Service (SPS) and get decision on your spouse visa renewal application within 24 hours. This way, you will not have to wait for the decision on your application for months (sometimes years).

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 Can We Help With Your Spouse Visa Renewal?

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.

Our Fixed Fee For Spouse Visa Renewal Under 5 Years Route

Unless your case is extremely complicated, our fixed fees for spouse visa renewal under 5 years route are as given in the table below:

Our Service Our Fee
One-off immigration consultation/advice for spouse visa renewal/extension £80 (inclusive of VAT)
One-Off Application Checking Service / Documents Assessment £240 (inclusive of VAT)
Full service for renewal/extension of spouse visa to  cover all the work until decision by the Home Office UKVI From £800 + VAT To £1,500 + VAT

The agreed fixed fee will depend on the complexity and the volume of casework involved in the application. In addition to our fixed fee for spouse visa renewal, the applicant also have to pay the Home office UKVI fees for the application.

FAQs - Renewal Of Spouse Visa (5 Years Route)

What are useful online sources of information and guidance for renewal of spouse visa under 5 years route?

You can rely on following useful online sources to find an answer to your question about extension of spouse visa 5 years route:

Apply Online For Renewal Of Spouse Visa

The Home Office UKVI website gives you access to the online application form FLR (M) to apply for renewal of spouse visa under 5 years route.

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Appendix FM: Immigration Rules

Appendix FM to the UK Immigration Rules sets out the requirements an applicant for renewal of spouse visa under 5 years route.

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Appendix FM SE: Immigration Rules

Appendix FM SE to the Immigration Rules sets out the specified documents to meet the financial requirement for renewal of spouse visa.

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Appendix FM Financial Requirement: Home Office Guidance

The Home Office UKVI guidance on meeting the financial requirement is a useful source of information and guidance on how to meet the financial requirement for extension/renewal of spouse visa.

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Approved English Language Tests

The Home Office UKVI page Applying for a UK visa: approved English language tests is a useful source of information about approved English language test centres in the UK and around the world for spouse visa application.

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Partner, Divorce & Dissolution Guidance UKVI

The Home Office UKVI guidance: Partner, Divorce & Dissolution Guidance UKVI is a useful source of information and guidance about the validity of marriage, divorce, civil partnership or dissolution of civil partnership.

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What if my spouse visa renewal/extension application is not successful?

If your spouse visa renewal application is unsuccessful, you may have one of the two options available to you:

Option to re-apply within 14 days

You can re-apply for spouse visa renewal within 14 days of the deadline for filing an appeal against the refusal has expired. Our expert team of spouse visa solicitors can provide the required legal help and assistance for re-applying for spouse visa renewal after refusal.

Option to file an appeal against the refusal

You can file an appeal against the refusal of your spouse visa renewal within 14 days of the refusal decision. Our specialist appeal lawyers can provide expert legal help and assistance with your appeal to the First Tier Tribunal (FTT) to challenge the refusal of  your spouse visa renewal.

You should take appropriate legal advice before choosing the right option for you in your given circumstances.

What are the most common reasons for refusal of spouse visa renewal application under 5 years route?

The most common reasons for refusal of spouse visa renewal under 5 years route include the following:

  • not meeting the financial requirement;
  • not meeting the English language requirement;
  • Home Office UKVI not satisfied that the relationship with the British or settled spouse is still subsisting;
  • general grounds for refusal such as allegation by the Home Office UKVI of applicant using proxy for TOEIC test previously, making false representations, etc.

Can Home Office grant me leave under 10 years route if I do not meet the requirements under 5 years route?

Yes, it is very common for the Home Office UKVI to grant leave to remain under 10 years route where the applicant allegedly does not meet the requirements for grant of leave under the 5 years route.

In the event of Home Office granting leave under 10 years route, the applicant will not be given appeal right to challenge the refusal in the First Tier Tribunal. Such decision of the Home Office UKVI can only be challenged by way of Judicial Review in the Upper Tribunal.

Our expert team of Judicial Review solicitors can help you with your Judicial Review against the Home Office UKVI decision to grant you leave under 10 years route instead of 5 years route if you believe that the decision not to grant under 5 years route is wrong and unlawful.

How long does spouse visa extension/renewal take?

The processing time for renewal of spouse visa (5 years route) is dependent on the type of service you use to apply for extension of your spouse visa. The processing times for renewal of spouse visa (5 years route) are as follows:

Standard Service

An application for spouse visa renewal under standard service is likely to be decided by the Home Office UKVI within 3 to 6 months.

Priority Service

An application for extension of spouse visa under priority service is likely to be decided within 5 working days.

Super Priority Service

An application for spouse visa renewal under the Super Priority Service is likely to be decided within 24 hours.

How much does it cost to renew spouse visa UK?

The Home Office UKVI fees for renewal of spouse visa 5 years route are as follows:

  • Application fee: £1033
  • Immigration Health Surcharge (IHS): £1,000
  • Biometrics Enrolment Fee: £19.20
  • Super Priority Service for decision within 24 hours (Optional): £800

In addition to the Home Office UKVI fees for renewal of spouse visa under 5 years route, you will also have to pay the solicitors legal costs if you are getting legal help and assistance of a solicitor for renewal of spouse visa under 5 years route. Click here to check our fixed fees for spouse visa renewal under 5 years route.

Which English test is required for spouse visa extension under 5 years route?

You will need to pass the Home Office UKVI approved English test known as IELTS Life Skills at level A2 (listening and speaking only) for the renewal of your spouse visa under 5 years route.

How soon can I apply for spouse visa extension/renewal?

You can apply for spouse visa renewal any time within 28 days before completing 30 months residence in the UK on spouse visa OR before your spouse visa expires.

Is there a residence requirement for spouse visa renewal under 5 years route?

Under the UK immigration Rules, there is no specified residence requirement for renewal of spouse visa. However, as the spouse visa category is a settlement category, it is expected that the applicant has intention to live permanently in the UK with the UK sponsor in order to settle in the UK. Long absences from the UK may raise a question mark on the applicant's intention to live permanently in the UK with the UK sponsor.

What documents are required for spouse visa extension/renewal under 5 years route?

The documents to be submitted in support of the spouse visa renewal will vary depending on the personal circumstances of the applicant and the UK sponsor. Generally spaking, you may need to provide various documents in support of your spouse visa renewal under 5 years which may include the following:

  • your current and previous passports
  • your biometric residence permit
  • your spouse's immigration status documents e.g. British passport or ILR BRP card
  • evidence of relationship with your spouse including marriage certificate and evidence of cohabitation with your spouse
  • evidence to show how you meet the financial requirement of earning £18,600 or mroe e.g. pay slips, bank statements and other relevant documents as per your circumstances
  • evidence of your accommodation in the UK
  • evidence of meeting English language requirement e.g. English test certificate or degree certificate etc
  • if either the applicant or the UK sponsor was previously married, the divorce certificate of the applicant or the sponsor, as the case may be

It is pertinent to note that the supporting document to meet the financial requirement will vary from case to case depending on how the financial requirement is being met. Our expert team of solicitors for spouse visa renewal can assess your personal circumstances fully and give you a complete list of all the documents required to be submitted in your application as per your personal circumstances.

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