Spouse Visa Extension for leave to remain as a partner in the UK

UK Spouse or Partner Visa Extension Requirements 2018-19This relates to partner or spouse visa applications for leave to remain, extension or switching from inside the UK under the under the 5-year route. Appendix FM provides for two routes (5 & 10-year) for settlement on the basis of family life as a partner. Certainly, a 5-year partner route is for those applicants who meet all of the relevant suitability and eligibility requirements of the Immigration Rules at every stage. Accordingly, the post has three sections. The first section explains the requirements for applying leave to remain as a spouse or civil, unmarried, same-sex partner visa extension in the UK. Moreover, the second section provides general guidance relating to spouse or partner leave to remain application processing time, fee, refusal, appeals under the 5-year route. And also covers switching. Furthermore, the last section provides statistical information and refusal rates for spouse visa extension applications from 2006-17.

UK Spouse or Partner Visa Extension Requirements 2018-19

Under the 5-year route, the requirements to be met by an applicant for leave to remain as a partner of a British citizen, a person present and settled in the UK, or a person in the UK with refugee leave or humanitarian protection under paragraph R-LTRP.1.1. of Appendix FM are that the applicant and their partner must be in the UK and have made a valid application for limited or indefinite leave to remain as a partner. And also the applicant must not fall for refusal under suitability and must meet the eligibility requirements relating to the relationship, immigration status, financial and English language requirements.

Eligibility Requirements for Spouse Visa Extension Applications

To qualify for leave to remain as a partner under the 5-year route to settlement, a spouse or civil, unmarried, same-sex partner must meet all the eligibility requirements in E-LTRP of Appendix FM for leave to remain application. To qualify for leave to remain as a partner the spouse or civil, unmarried, a same-sex partner must meet the relationship, immigration status, financial, accommodation and language requirements:

  1. Sponsor is Present and Settled in the UK
  2. Minimum Age of the Applicant and Sponsor
  3. The prohibited degree of relationship
  4. Couple to have met in person
  5. Genuine and subsisting relationship
  6. Valid marriage or civil partnership
  7. The previous relationship has broken down permanently
  8. Intention to live together permanently in the UK
  9. Immigration Status of an applicant
  10. Financial Requirements
  11. Adequate Accommodation
  12. English Language Requirement

Partner or Spouse Visa Sponsor is Present and Settled in the UK

In terms of paragraph E-LTRP.1.2.(b), the applicant’s partner must be present and settled in the UK.  Moreover, under paragraph 6 of the Immigration Rules “present and settled” or “present and settled in the UK” means that the person concerned is settled in the UK. And also at the time that an application under the immigration rules is made, is physically present here or is coming here with or to join the applicant and intends to make the UK their home with the applicant if the application is successful.

Min age for UK Spouse Visa Leave to Remain

In terms of paragraphs E-LTRP.1.3. and E-LTRP.1.4, the applicant and his/her partner must be aged 18 or over at the date of application.

The prohibited degree of relationship | Spouse Visa Extension

In terms of paragraph E-LTRP.1.5., both the applicant and his/her spouse or partner must not be within the prohibited degree of relationship. Moreover, as per paragraph 6 on the immigration rules, the “prohibited degree of relationship” has the same meaning as in the Marriage Act 1949, the Marriage (Prohibited Degrees of Relationship) Act 1986 and the Civil Partnership Act 2004.

The Marriage Act 1949 | Spouse Visa Extension and Leave to Remain

In England and Wales, the Marriage Act 1949 prohibits a marriage between a person and any person such as an adoptive child, adoptive parent, child, former adoptive child, former adoptive parent, grandparent, parent, parent’s sibling, sibling (means a brother, sister, half-brother or half-sister) and sibling’s child.

The Marriage Act 1949 prohibits marriage between a person and any person in the following list, until both parties are aged 21 or over, and provided that the younger party has not at any time before attaining the age of 18 been a child of the family in relation to the other party:

  • child of a former partner or spouse
  • former civil partner or spouse of a grandparent or that of a parent
  • grandchild of a former civil partner or spouse

Couple to have met in person | UK Spouse Visa Extension

In terms of paragraph E-LTRP.1.6. of Appendix FM, both the applicant and his/her spouse or partner have met in person.

Meaning of “To have met” for UK spouse visa extension

“To have met” has been interpreted by the Tribunal as “to have made the acquaintance of” which means that, provided both parties have made the acquaintance of each other, that acquaintance need not be in the context of marriage or civil partnership. Accordingly, this means, for instance, that if both parties had been childhood friends, which is quite. However, the meeting of two infants may not be acceptable. Perhaps, a mutual sighting or mere coming face-to-face followed by telephone or written contact would not suffice. Furthermore, the Tribunal has decided that “met” implies a face-to-face meeting itself resulting in the making of a mutual acquaintance.

Genuine and subsisting relationship | UK Spouse Visa Extension

In terms of paragraph E-LTRP.1.7. of Appendix FM, the relationship between the applicant and his/her spouse or partner must be genuine and subsisting.

A relationship akin to a marriage or civil partnership

Certainly, an applicant applying as an unmarried partner or same-sex partner must have been living together with their partner in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application. Moreover, an applicant needs to provide documentary evidence of this.

Proving the validity of a marriage or civil partnership

In terms of paragraph E-LTRP.1.8., the applicant and partner need to prove the validity of a valid marriage or civil partnership. Perhaps, with appropriate specified evidence such as a marriage or civil partnership registration certificate. Moreover, paragraphs 22 to 26 of Appendix FM-SE provide the details of the specified evidence:

  1. A valid marriage certificate recognised under the laws of England and Wales, Scotland or Northern Ireland as evidence of marriage in the UK
  2. A decree absolute from a civil court as evidence of a divorce in the UK
  3. Civil Partnership Certificate as evidence of civil partnership in the UK.
  4. A final order of civil partnership dissolution from a civil court as evidence of dissolution of a civil partnership in the UK.
  5. For marriages, civil partnerships or evidence of divorce or dissolution from outside the UK: reasonable equivalent evidence in terms of paragraphs 22 to 25 of Appendix FM-SE, valid under the law in force in the relevant country

The previous relationship has broken down permanently

In terms of paragraph E-LTRP.1.9. of Appendix FM, the applicant must satisfy that any previous relationship of the applicant or his/her spouse or partner has broken down permanently unless it is a marriage or civil partnership which falls within paragraph 278(i) of the rules- relating to polygamous marriage or civil partnership.

Where the applicant and/or their partner has previously been married or in a civil partnership, the applicant must provide evidence as specified in paragraphs 23 and 25 to 26 of Appendix FM-SE that the previous marriage or civil partnership has ended.

Marriage or Civil Partnership not legally dissolved

In case, if the marriage or civil partnership of the applicant or their sponsor to a previous partner has not been legally dissolved, the applicant may still qualify under Appendix FM as an unmarried partner or same-sex partner. However, the applicant needs to meet the criteria set out in paragraph GEN.1.2. (relating to the definition of a “partner”). Moreover, the applicant also needs to furnish evidence that the new relationship is genuine and subsisting. And also that the previous relationship has broken down permanently.

Intention to live together permanently in the UK

In terms of paragraph E-LTRP.1.10. of Appendix FM, both applicant and his/her spouse or partner must prove that they intend to live together permanently in the UK.

Meaning of “intention to live together” for Spouse Visa Extension

Under paragraph 6 of the Immigration Rules “intention to live together permanently with the other” or “intend to live together permanently” 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 a UK partner or spouse visa leave to remain application or as soon as circumstances permit thereafter.

Intentions to live permanently for further limited leave to remain

In applications for further limited leave to remain as a spouse or 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 partner’s employment, holidays, training or study.

Spouse or Partner Spending Majority of Time Overseas

If the applicant, his/her spouse or partner or both have spent the majority of the period overseas, then it may create doubts that the couple does not intend to live together permanently in the UK. Perhaps, in such situations factors such as reasons for travel and length of absence become critical. And also whether the applicant and partner travelled and lived together during the time spent outside the UK.

Immigration Status for Leave to Remain as a Spouse or Partner

The immigration status requirements are set out in paragraphs E-LTRP.2.1. to E-LTRP.2.2. of Appendix FM. For leave to remain as a partner on the 5-year route to settlement the applicant must not be in the UK:

  • as a visitor
  • with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé or fiancée or a proposed civil partner or was granted pending the outcome of the family court or divorce proceedings
  • on temporary admission or temporary release
  • in breach of immigration laws (except that, where paragraph 39E (exceptions for overstayers) of the rules applies, any current period of overstaying will be disregarded)

Moreover, a visitor who has overstayed (by any period of time) cannot qualify for the 5-year spouse or partner route.

UK Spouse Visa Extension Financial Requirements

To qualify for leave to remain as a partner on the 5-year route to settlement the applicant must meet the financial requirement in terms of E-LTRP.3.1. to E-LTRP.3.3 of Appendix FM – Family Life as a Partner. This includes providing the required evidence specified in Appendix FM-SE. Moreover, for guidance on the financial requirement, please refer: FM1.7.

Min Income Threshold of £18,600 increases with the dependants

For UK spouse or partner visa leave to remain, extension, switching application, in terms of E-LTRP.3.1.(a) the applicant needs to meet the min income threshold. Accordingly, the applicant or UK sponsor/partner must earn a min annual income of £18,600.

Moreover, if the applicant is applying with one dependant child under the age of 18 years then the amount increases by £3,800. Apparently, for each additional dependent child, the financial requirement, for UK spouse or partner extension, leave to remain, switching application, increases by £2,400. Accordingly, if an applicant is applying with three (3) dependent children under 18 years of age then the min threshold of income is a £24,800 (i.e. £18,600 for spouse/partner + £3,800 for the first child + £2,400X2 for the additional two children).

Specified Savings £16,000 for Spouse Visa Extension

In terms of E-LTRP.3.1.(b) the specified savings is £16,000. If an applicant has cash savings of £62,500/- then he/she may not need to combine the savings level with the Income from other sources. As after deducting £16,000 (i.e. the amount of mandatory savings) from total available savings (£62,500), the residual cash savings amounts to £46,500, which in terms of (b)(ii) are 2.5 times of the min income of £18,600.

Combination of income sources for meeting financial requirements

The financial requirement can be met through a combination of sources. These include income from employment or self-employment, a pension, non-employment earnings like rent and savings of over £16,000. Moreover, an applicant can use his/her own income if he/she is earning it in the UK as this will contribute to the household income. There may also be cases which exempt you from the financial requirement.

You will be able to combine income from multiple sources to reach the financial requirement. These include:

  • income from employment/self-employment, as long as you have been earning the wage for at least six months
  • pension
  • maternity, paternity, adoption or sick pay
  • Non-employment pay, such as from rent or shares
  • Cash savings of over £16,000 if they have been in the couple’s control for over six months

Exemption from Financial Requirement for Spouse Visa Extension

Applicants who are exempt from the minimum income threshold under the financial requirement in Appendix FM (because their partner is in receipt of a specified benefit or allowance) must instead demonstrate that their partner is able to maintain themselves, the applicant and any dependants “adequately” without recourse to public funds. Specified evidence must be provided as set out in Appendix FM-SE. And also refer to FM1.7A – Maintenance Guidance.

Adequate Accommodation for Spouse Visa Extension Application

In terms of paragraph E-LTRP.3.4 of Appendix FM, for qualifying for leave to remain as a spouse or partner on the 5-year route to settlement, an applicant needs to meet the adequate accommodation requirement in the UK. Certainly, an applicant needs to furnish cogent evidence for proving adequate accommodation, without recourse to public funds, for the family, which the family own or occupy exclusively. In this regard, the meaning of family includes other family members who are not included in the application but who live in the same household.

When accommodation is not adequate for UK spouse visa extension?

Apparently, accommodation will not be regarded as adequate if the accommodation is, or will become, overcrowded and contravenes public health regulations.

English Language Requirement for Spouse Visa Extension

In terms of paragraph E-LTRP.4.1. and E-LTRP.4.2. of Appendix FM, for qualifying for leave to remain as a spouse or partner on the 5-year route to settlement, an applicant needs to meet the English language requirements.

UK Spouse Visa Extension Application: English Language Requirements

From 1 May 2017, under paragraph E-LTRP.4.2A. a spouse or partner applying to extend his/her stay after 30 months in the UK as a partner on the 5-year route to settlement- who met the English language requirement in his/her previous application by passing an approved test at level A1- needs to provide the specified evidence under paragraphs 27 to 32D of Appendix FM-SE that the applicant meets the English Language requirement by:

  1. being a national of a majority English speaking country listed in paragraph GEN.1.6.
  2. passing an English language test in speaking and listening at a minimum of level A2 of the CEFR with a provider approved by the Home Office
  3. having an academic qualification which is either a Bachelor’s or Master’s degree or PhD if awarded in the UK; or, if awarded outside the UK, is deemed
  4. UK NARIC to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and UK NARIC has confirmed that the degree was taught or researched in English to level A2 of the CEFR or above
  5. qualifying for an exemption

English Language Exemption in the Entry Clearance Application

An applicant for leave to remain who was exempt from the English language requirement at the entry clearance stage needs to meet the requirement at paragraphs E-LTRP.4.1. to .4.2. he/she applies for a further leave to remain in the UK on the 5-year route to settlement, unless the applicant again qualifies for an exemption, on the same or a different basis.

Suitability Requirements for Spouse Visa Extension Applications

Apparently, all applications for leave to remain (extension, switching) as a spouse, civil, unmarried or same-sex partner and their dependant children consider for suitability requirements in paragraphs S-LTR.1.1. to .4.5. of Appendix FM under the family visa route, which mainly relates to:

  1. deportation order
  2. presence of the applicant is not conducive to the public good because of criminality, conduct, character and associations or other reasons
  3. false documents, representations, information and material facts not disclosed in the current or any of the previous applications
  4. a sham marriage or civil partnership and non-compliance to an investigation section 50(7)(b) of the Immigration Act 2014
  5. failure to pay litigation cost to the Home Office
  6. failure to pay an outstanding charge to the National Health Service (NHS) with a total value of at least £500

Deportation Order and Not Conducive to the  Public Good

Perhaps, if any of paragraphs S-LTR.1.2. to S-LTR.1.8 of Appendix FM are applicable then partner or spouse visa leave to remain application is refused on the grounds of suitability. The suitability criteria under paragraphs S-LTR.1.2. to S-LTR.1.6. are usually considered with reference to the Criminality. However, suitability criteria under paragraph S-LTR.1.8. is considered under Restricted Leave.

False Documents and Non-Compliance with the Investigation

Leave to remain or extension application as a spouse or partner is usually refused under paragraph S-LTR.2.1. on grounds of suitability if any of paragraphs S-LTR.2.2. to S-LTR.2.5. are applicable. The suitability grounds in these paragraphs relate to false information, documents, representation, material facts not disclosed, failure to provide maintenance and accommodation undertaking and non-compliance to the investigation relating to the proposed marriage or civil partnership.

Presence of an Applicant is not conducive to the Public Good

Under paragraph S-LTR.3.1., when considering whether the presence of an applicant in the UK is not conducive to the public good, any legal or practical reasons why the applicant cannot presently be removed from the UK is mostly ignored.

False Documents in a Previous Application

In terms of paragraph S-LTR.4.2 and S-LTR. 4.3. of Appendix FM, a spouse or partner visa leave to remain application is refused due to false documents, representation, material facts not disclosed in a previous application.

Non-Payment of Litigation Cost and Unpaid NHS Medical Bills

In terms of paragraph S-LTR.4.4. and S-LTR.4.5 of Appendix FM, a spouse or partner visa leave to remain application is refused due to non-payment of litigation to the Home Office and that of NHS.

The Context of the Application and Compelling Grounds

Perhaps, if an application fails under paragraphs S-LTR.2.2. to S-LTR.2.5 and S-LTR.4.2. to S-LTR. 4.5. it is quite likely to be refused. However, the decision usually considers the whole context of the application. Accordingly, the caseworker may consider the suitability on compelling grounds for a case-specific consideration.

Spouse Visa Extension: Suitability under General Grounds

In considering the suitability criteria under paragraphs S-LTR.1.7, S-LTR.2.2., S-LTR.2.4., S-LTR.3.1. and S-LTR.4.2. to S-LTR.4.5. of Appendix FM, decision makers must refer to the General Grounds for Refusal Guidance.

Investigation Notice u/s 50(7)(b) of the Immigration Act 2014

In considering the suitability criteria under paragraph S-LTR.2.5., a decision-maker is likely to consider whether the Secretary of State has given notice to the applicant and his/her partner, under section 50(7)(b) of the Immigration Act 2014. And also that one or both of them have not complied with the investigation of the proposed marriage or civil partnership under the marriage and civil partnership referral and investigation scheme.

Non-Compliance to Investigation and Suspicion of Sham Marriage

If and when a proposed marriage or civil partnership is referred to the Home Office under the 2014 Act scheme then the Home Office have the grounds to suspect that marriage or civil partnership is a sham. And where the Home Office notifies the parties that either one or both of them have not complied with the investigation, then marriage or civil partnership will not be able to proceed on the basis of that notice. Moreover, the Home Office records the details of such referral, non-compliance decision and any relating information or evidence.

Non-Compliance Decision: Genuine and Subsisting Relationship

Certainly, after a non-compliance decision in case of non-EEA national applying for leave to remain as a partner on the basis of a relationship with the same person, the application is usually refused. However, the decision maker usually takes account of any evidence that the couple is in a genuine and subsisting relationship and meet the relevant eligibility requirements of the rules.

Compliance with further investigation

If a couple after marriage or forming a civil partnership have complied with any further investigation under the 2014 Act scheme, then the application is not likely to be refused on the basis of the earlier non-compliance decision but may be refused if the decision maker is not satisfied that the couple are in a genuine and subsisting relationship.

General Guidance: UK Spouse or Partner Visa Extension 5-yr route

A person in the UK with entry clearance or limited leave to remain granted on the basis of family life on a 5-year route, in an application made from 9 July 2012, should apply for further leave to remain no more than 28 days before their extant leave expires or no more than 28 days before they have completed 30 months in the UK with such leave.

Switching to Spouse or Civil, Unmarried, Same-Sex Partner Visa

Certainly, it is permissible under the immigration rules to switch from other immigration routes to spouse visa from inside the UK. A person who is in the UK with leave to remain which was originally granted for a period of more than six months and who is married to or a civil, unmarried, same-sex partner (of a British Citizen, or a person with ILR, or a person with refugee status, or as a person with humanitarian protection) can apply to switch into a spouse or civil, unmarried, same-sex partner visa from inside the UK as long as he/she meets all the relevant requirements of the Immigration Rules.

An application for switching into spouse or civil, unmarried, same-sex partner visa from inside the UK is submitted to the Home Office by completing application form FLR (M).

Requirements for Switching to Spouse or Civil Partner Visa

A person can switch to a spouse, civil, unmarried, same-sex partner visa on the basis of the relationship with a British Citizen or a person present and settled in the UK. The application will be considered in accordance with the requirements of the Immigration Rules as set out in Appendix FM of the Immigration Rules.

An application for switching to a spouse or civil, unmarried, same-sex partner status, an applicant needs to meet the following requirements:

  1. The evidence of the relationship between the sponsor and the applicant
  2. The documentary evidence to comply with the financial requirement  as set out in Appendix FM
  3. The adequate accommodation; and
  4. English language requirement
  5. Additionally, the applicant should also meet the suitability criteria as set out in the immigration rules.

How to Apply: Application Form and Fee

The application fee is £1033 per applicant for switching into spouse or civil, unmarried, same-sex partner visa inside the UK. If an applicant is not requesting a fee waiver you must apply online. Moreover, same day service for FLR (M) application for switching into spouse or civil, unmarried, same-sex partner visa is also available at premium visa centres.

Requesting for Fee Waiver

Applicants can request for a fee waiver. Accordingly, can submit the application by completing FLR (M) and fee waiver request and it to Home Office, Leave to Remain – FLR(M), PO Box 495, Durham, DH99 1WR.

Immigration Health Charge: UK Spouse Visa Extension

From 6 April 2015, under the Immigration (Health Charge) Order 2015, applications for leave to remain under the 5-year partner route are subject to the immigration health charge, in addition to the application fee, unless they are not required to pay the immigration health charge.

UK Spouse Visa: Grant of Leave to Remain as a Partner

Where a spouse or civil, unmarried, a same-sex partner is applying to join or to extend leave under, the 5-year partner route to settlement in the UK and the applicant meets the requirements of R-LTRP.1.1.(a) to (c), the applicant is likely to get leave to remain as a partner under D-LTRP.1.1. for 30 months on the 5-year route to settlement, subject to a condition of no recourse to public funds. This period of 30 months is to be granted even where the sponsoring partner is in the UK with leave as a refugee or with HP.

Leave to Remain Period Slightly in excess of 30 months

Where an applicant has extant leave as a partner under the 5-year route at the date of application, any period of extant leave up to a maximum of 28 days, (excluding leave as a fiancé or fiancée or proposed civil partner), will be added to the period of leave that they are being granted under paragraph D-LTRP.1.1. An applicant with extant leave in this scenario will, therefore, be granted a period of leave slightly in excess of 30 months.

First Grant of Leave to Remain as a Partner

If an applicant granted leave to remain as a partner is receiving their first grant of limited leave on the 5-year route (rather than their second grant following an earlier grant of entry clearance or leave to remain as a partner under that route), the applicant should be advised they will in due course need to make an application for further leave to remain as a partner of 30 months. They should make that application no more than 28 days before their extant leave is due to expire, or no more than 28 days before they have completed 30 months in the UK with such leave. They may be eligible to apply for settlement after completing 60 months (5 years) in the UK with leave to remain as a partner under the 5-year route under Appendix FM.

Continuous Residence Period of 60 Months as a Partner

Where a person submits an Appendix FM partner application up to 28 days before they have completed 60 months in the UK with leave to enter or remain as a partner and that application is decided before the 28 days of the required 60 months is completed, that person will be considered to have met the required continuous residence period of 60 months as a partner.

Leave to Remain as Dependant Child in the UK

Where a partner is being granted on the basis of paragraph D-LTRP.1.1., any dependent child included in the application who requires leave is also considered under paragraph R-LTRC.1.1. Accordingly, if the child meets the requirements of the rules then also gets the leave to remain under paragraph D-LTRC.1.1. of the same duration and subject to the same conditions in respect of recourse to public funds as their parent who is, or has been, granted leave under the partner rules of Appendix FM.

Biometric Enrolment Fee

As part of the leave to remain application, the spouse or civil, unmarried, same-sex partner needs to enrol for biometric information. Moreover, the applicant needs to pay an additional handling fee for this service, which is payable to the Post Office Ltd.

Apparently, the applicant can only pay for the fee by cash or debit card whilst attending the Post Office Ltd to enrol for biometrics. Moreover, each dependant included in the application also needs to pay the fee. Do not send the biometric enrolment fee with your application fee. Applicants on some immigration routes are exempt from paying an enrolment fee at the Post Office Ltd. If you are in one of these categories you will be informed of this when we send you a biometric notification letter.

FLR (M) Form for Spouse Visa 30 Months Extension

The FLR (M) is for applicants for a leave to remain in the UK as a spouse/partner of a UK sponsor 30 months. If an applicant is presently on a fiancé(e) visa and is applying for a leave to remain in the UK as a spouse/partner then the applicant will not be allowed to do work in the UK until the applicant receives notification from the Home Office for the grant of leave to remain in the UK as spouse/partner of the UK sponsor in the UK.

UK Spouse Visa Extension Refusal: Appeal Rights

From 6 April 2015, under changes made by the Immigration Act 2014, all applications for leave to remain under the 5-year partner route which are refused (except as a bereaved partner) will attract a right of appeal on the basis that a human rights claim has been refused, regardless of whether the application was made at a time when the applicant had valid leave to remain.

Partner or Spouse Visa Extension Refusal Letter Example

Usually, a spouse visa extension refusal notice starts with the following lines:

“On 17/02/2018 you made an application for leave to remain in the UK under Appendix FM to the Immigration Rules on the basis of your family life with your partner Michelle C Johnstein and children Sarah Connors and James Connors.

Your application has been considered under those Rules, with reference to Article 8 of the European Convention on Human Rights (ECHR). The relevant Immigration Rules can be viewed on gov.uk here: Immigration Rules – Guidance – GOV.UK.

This decision takes into account as a primary consideration the best interests of any relevant child in line with the Secretary of State’s duty under section 55 of the Borders, Citizenship and Immigration Act 2009.”

The refusal letter elaborates the spouse visa refusal reasons

The refusal letter also usually states where the applicant has failed to meet the requirements of the Immigration Rules under the 5-year route. And also includes reference to exceptional circumstances under the 10-year route and appropriate paragraphs with reference to rights of appeal.

“In light of the above, your application is refused under paragraph D-LTRP.1.3. with reference to paragraph R-LTRP.1.1.(a), (b), (c)(i) and (ii), & (d) of Appendix FM, and under paragraph 276CE with reference to paragraph 276ADE(1)(i), (iii), (iv), (v) and (vi) of the Immigration Rules. Accordingly, you do not qualify for leave to remain under the 5-year or 10-year partner routes of Appendix FM, or the 10-year private life route of Part 7 of the Immigration Rules.”

UK Spouse and Civil Partner Extension Statistics 2008-17

During 2008-17, a total of 439,086 leave to remain, extension and switching decisions made under the family visa route under five broad categories. Moreover, the partner visa leave to remain and extension decisions account for nearly 62.14% of the total decisions. Moreover, a few decisions (261) also made for the fiancé(e) visa extension.  

Family Visa UK Leave to Remain and Extension Statistics 2008-17

Category Decisions Grants Refusals Refusal Rate
Partner Visa 272,858 246,066 26,792 9.82%
Family Life (10-year route) 162,362 114,408 47,954 29.54%
UK Born children 3,191 3,191 0 0.00%
Other Relatives 414 385 29 7.00%
Fiancé(e)s 261 209 52 19.92%
Total 439,086 364,259 74,827 17.04%

Partner or Spouse Visa UK Extension Refusal Rate

For 2008 to 2017, a total of 272,858 leave to remain, extensions, further leave to remain and switching decisions made under the partner visa rate. Accordingly, 246,066 grants made to spouses, civil, unmarried or same-sex partners and their dependants visa under the family route. However, 26,792 applications of the main applicants (partners) and their dependants for leave to remain, extensions, further to remain and switched refused. Moreover, the average ten years partner visa refusal rate for main applicants and their dependants hovers in the range of 9.82%. Accordingly, this indicates that 9 out of 10 applicants under the partner visa route usually get a favourable decision.

Partner Visa Leave to Remain and Extensions

Type Decisions Grants Refusals Refusal Rate
Main 254,226 229,467 24,759 9.74%
Dependants 18,632 16,599 2,033 10.91%
Total 272,858 246,066 26,792 9.82%

Main Applicants Partner Visa Yearly Refusal Rate

During 2008-17 a total of 254,226 extensions and leave to remain decisions made for a spouse, civil, unmarried or same-sex partner visa under the family route. And also 229,467 grants and 24,759 rejections. Accordingly, the average UK spouse visa extension refusal rate is 9.74% during the 10 years period. Certainly, the UK spouse visa extension refusal rate was highest (18.76%) in 2013 and afterwards gradually came down to its lowest ebb (4.96%) in 2017. Perhaps, during the preceding three years UK spouse extension refusal rate is below than the average 10-year refusal rate of 9.74%.

Partner visa extension statistics 2008-17

Year Decisions Grants Refusals Refusal Rate
2008 26,291 24,666 1,625 6.18%
2009 22,920 20,701 2,219 9.68%
2010 22,591 20,028 2,563 11.35%
2011 18,039 15,977 2,062 11.43%
2012 14,892 13,189 1,703 11.44%
2013 25,996 21,118 4,878 18.76%
2014 20,781 17,939 2,842 13.68%
2015 26,137 23,841 2,296 8.78%
2016 37,328 34,705 2,623 7.03%
2017 39,251 37,303 1,948 4.96%
Total 254,226 229,467 24,759 9.74%

Spouse or Partner Dependants Visa Yearly Refusal Rate

Apparently, apart from 254,226 decisions for the main applicants, during 2008-17 also a total of 18,632 extensions and leave to remain decisions made for the dependants of spouses, civil, unmarried or same-sex partners under the family route. And also 16,599 grants and 2,033 rejections. Accordingly, the average UK partner or spouse dependant visa extension refusal rate is 10.91% during the 10 years period. Certainly, the UK spouse visa extension refusal rate was highest (20.84%) in 2013 and afterwards gradually came down to its lowest ebb (8.28%) in 2017. Perhaps, during the preceding three years UK spouse extension refusal rate is below than the average 10-year refusal rate of 10.91%.

Partner Visa (Dependants) Leave to Remain and Extension Applications

Year Decisions Grants Refusals Refusal Rate
2008 2,605 2,428 177 6.79%
2009 2,103 1,881 222 10.56%
2010 1,710 1,532 178 10.41%
2011 1,142 988 154 13.49%
2012 825 706 119 14.42%
2013 1,550 1,227 323 20.84%
2014 1,514 1,265 249 16.45%
2015 1,672 1,521 151 9.03%
2016 2,528 2,315 213 8.43%
2017 2,983 2,736 247 8.28%
Total 18,632 16,599 2,033 10.91%

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Read more posts on UK spouse visa route: UK Spouse Visa RequirementsSpouse Visa ILR 5-year route & UK Settlement Statistics 2006-17, Set DV Guidance for Victims of Domestic Violence, Fiancé Visa UKSpouse Visa Accommodation Requirements, Spouse Visa English Requirement, Spouse Visa Refusal Reasons and Bereaved Partner ILR

And also about other family visa route: Bringing Adopted Child to UK and Adult Dependent Relative Visa UK

Perhaps, to know more about UK Visa and Immigration: UK Visitor Visa 2018UK Visa Reapply or AppealILR FeesUK Visa FeesImmigration Appeal Waiting Time and UK Visa Appeal Solicitors