Spouse or Partner visa extension
Spouse or Partner visa extension must be submitted from inside the UK. You and your Partner must be physically present in the UK when the extension application is submitted and the applicant must not travel out of the UK until the Home Office makes the decision on the application.
Currently there are two expedited processing options for family visas: £500 extra fee applicable (5 working days processing counting from biometrics appointment) and £800 extra fee applicable (1 working day processing counting from biometrics appointment). NOTE: The processing times are not 100% guaranteed by the Home Office. The expedited options may not always be available though.
At the time of visa extension, you must also meet the financial requirement but you cannot rely on employment outside the UK for your partner visa extension.
Financial Requirement – link to Home Office guidance 1.7 – Financial requirement.docx (publishing.service.gov.uk) – We discussed an option to meet the financial requirement by relying on the property rental and cash savings combined
Spouse visa extension accommodation evidence
When you apply for partner visa extension, you would need to provide evidence of accommodation in the UK and evidence of cohabitation with your spouse since you arrival in the UK on your initial spouse or partner visa until the date of extension application.
Spouse visa extension absences
Regarding the absences, there is no specific number of days you must be in the UK, BUT there is a general requirement that you must evidence that your ‘intention is to live together permanently in the UK’. Please see below extracts of the relevant immigration rules and guidance for your reference.
Appendix FM immigration rules (relevant extract for ‘intention to live together permanently in the UK):
E-LTRP.1.10. The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain (i.e. visa extension) as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.
Intention to live together permanently in the UK
When considering paragraph E-ECP.2.10. and paragraph E-LTRP.1.10 (this is the relevant rule for partner visa extension., you must be satisfied that the applicant and their partner intend to live together permanently in the UK within the definition of ‘intention to live together permanently with the other’ or ‘intend to live together permanently’ under paragraph 6 of the Immigration Rules (please see copied further below for your reference).
In applications for further limited leave to remain or for indefinite leave to remain in the UK as a partner, where there have been limited periods of time spent outside the UK, this must be for good reasons and the reasons must be consistent with the
intention to live together permanently in the UK. Good reasons could include time spent overseas in connection with the applicant’s or their partner’s work, holidays, training or study.
If the applicant, their partner or both have spent the majority of the period overseas, there may be reason to doubt that the couple intend to live together permanently in the UK. Each case must be judged on its merits, taking into account reasons for travel, length of absence and whether the applicant and partner travelled and lived together during the time spent outside the UK. These factors will need to be considered against the requirements of the rules.
Paragraph 6 of immigration rules – Definition of ‘intention to live together permanently with the other in the UK’
“Intention to live permanently with the other in the UK” or “intend to live together permanently in the UK” means an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently in the UK immediately following the outcome of the application in question or as soon as circumstances permit thereafter. (…)