
Many people breathe a sigh of relief once they get their first Spouse Visa. They think the hard work is done. This is a dangerous mindset. The first visa only lasts for 33 months (2 years and 9 months). To stay in the UK, you must apply for a spouse visa extension (technically known as FLR M).
This second application is not just a rubber stamp. It is a full re-examination of your life. The Home Office checks if you are still married, still living together, and still financially stable. If you fail this check, you don’t just lose your extension; you could be put on a longer 10-year route to settlement, or asked to leave the UK.
At Immigration Solicitors4me, we see this as the “Halfway Audit.” This educational guide teaches you how to pass this audit and keep your journey to Indefinite Leave to Remain (ILR) on track.
Lesson 1: The Timing Calculation (The Goldilocks Zone)
Timing is the most common technical error. You cannot apply too early, and you absolutely cannot apply too late.
- Too Early:If you apply months before your current visa expires, you might not reach the full 5-year mark needed for settlement by the end of your second visa. This would force you to pay thousands for a third extension just to cover a few missing weeks.
- Too Late:If you apply one day after your visa expires, you are an overstayer.Lesson 1: The Timing Calculation (The Goldilocks Zone)
Timing is the most common technical error. You cannot apply too early, and you absolutely cannot apply too late.
- Too Early:If you apply months before your current visa expires, you might not reach the full 5-year mark needed for settlement by the end of your second visa. This would force you to pay thousands for a third extension just to cover a few missing weeks.
- Too Late:If you apply one day after your visa expires, you are an overstayer.
The Golden Rule: Aim to apply no more than 28 days before your current visa expires.
- Example:Visa expires on 30th June. Apply between 2nd June and 30th June.
- Section 3C Leave:As long as you submit the online form before the expiry date, your rights (work, rent, NHS) are automatically protected while the Home Office processes the decision.
Lesson 2: The “Cohabitation” File (The New Requirement)
For your first visa, you had to prove you were in a relationship. For the spouse visa extension, you must prove you have lived together. The Home Office demands a paper trail covering the last 2 years.
The Correspondence Rule: You must provide 6 items of joint correspondence addressed to both of you at the same address.
- Examples:Council Tax bills, Water bills, Joint Bank Statements.
- If you don’t have joint mail:You need 12 items of single correspondence (6 for you, 6 for your partner), addressed to the same place.
- The Spread:These documents cannot all be from last week. They must be evenly spaced over the last 2 years (e.g., one document every 4 months).
Instruction: If you have gone “paperless,” log in to your utility accounts now and switch back to paper billing, or download the official PDFs. Phone screenshots are not accepted.
Lesson 3: Financial Rules (The “Transitional” Protection)
In 2024, the minimum income requirement jumped to £29,000. However, if you are applying for a spouse visa extension and you got your first visa before the rules changed, you are likely protected by Transitional Arrangements.
- The Protection:You generally only need to meet the old threshold of £18,600.
- The Risk:If you switch routes or break your continuous residence, you lose this protection and must meet the new higher £29,000 target.
Educational Takeaway: Do not assume you need £29,000. Ask a solicitor to confirm if you are “covered” by the transitional rules. It could save you a lot of stress.
Lesson 4: English Language Progression
The Home Office expects you to integrate.
- First Visa:Required Level A1 (Basic survival English).
- Extension:Requires Level A2 (Elementary English).
You must take a new test. You cannot usually reuse the A1 certificate unless it was a higher level (B1/B2) that you passed previously and the test provider is still on the approved list. Action: Book your SELT (Secure English Language Test) at Level A2 at least a month before you apply.
Lesson 5: The “Suitability” Check
The extension form asks about “Good Character” again.
- Criminal Record:Have you received any driving fines, cautions, or convictions in the last 2.5 years? You must declare them. Hiding a speeding ticket is seen as deception.
- NHS Debt:Have you used NHS services you weren’t entitled to? (e.g., specific treatments not covered by the surcharge). Outstanding debt of £500+ to the NHS can be grounds for refusal.
Conclusion: Keep the File Moving
The spouse visa extension is the bridge between arrival and permanent settlement. It requires discipline. You need to collect mail, watch your bank balance, and pass your English test.
Immigration Solicitors4me acts as your compliance officer. We audit your correspondence file to ensure there are no gaps in your 2-year history. Contact us today to secure the next 2.5 years of your life in the UK.