UK Spouse Settlement Visa- Requirements for an Extension of Stay

Details of Paragraphs 284 to 286 of the Immigration Rules Part 8: Family Members  Home Office, UK Government. Published on 29 February 2016 Updated on 02 May 2017.

UK Spouse Settlement Extensions- Requirements, Grants, Refusals

UK Visa Blog Immigration, Settlement, Refusal, Appeal Solicitors

The Paragraphs 284, 285 and 286, of the Immigration Rules Part 8: Family Members, explains the details of requirements, grants and the refusal of an Extension of Stay as Spouse or Civil Partner of a Person Present and Settled in the UK.

Requirements for an Extension of Stay as Spouse or Civil Partner

Paragraph 284 of the Immigration Rules Part 8: Family Members explains the details of the requirements for an Extension of Stay as the Spouse or Civil Partner of a Person Present and Settled in the UK.

Requirements for an Extension of Stay as the Spouse or Civil Partner of a Person Present and Settled in the United Kingdom

284. The requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i) the applicant has or was last granted limited leave to enter or remain in the United Kingdom which meets the following requirements:

(a) The leave was given in accordance with any of the provisions of these Rules; and

(b) The leave was granted for a period of 6 months or more, unless it was granted as a fiancé(e) or proposed civil partner; and

(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner of a Relevant Points-Based System Migrant; and

(ii) the applicant is married to or the civil partner of a person present and settled in the United Kingdom; and

(iii) the parties to the marriage or civil partnership have met; and

(iv) the applicant must not be in the UK in breach of immigration laws (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded); and

(v) the marriage or civil partnership has not taken place after a decision has been made to deport the applicant or he has been recommended for deportation or been given notice under Section 6(2) of the Immigration Act 1971 or been given directions for his removal under section 10 of the Immigration and Asylum Act 1999; and

(vi) each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and

(vii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(viii) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(ix)(a) the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant’s name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless:

(i) the applicant is aged 65 or over at the time he makes his application; or

(ii) the applicant has a physical or mental condition that would prevent him from meeting the requirement; or;

(iii) there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement; or

(ix)(b) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or

(ix)(c) the applicant has obtained an academic qualification, which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; and provides the specified documents; or

(ix)(d) the applicant has obtained an academic qualification which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and

  1. provides the specified evidence to show he has the qualification, and
  2. UK NARIC has confirmed that the qualification was taught or researched in English, or

(ix)(e) has obtained an academic qualification which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and provides the specified evidence to show:

  1. he has the qualification, and
  2. that the qualification was taught or researched in English.

Extension of Stay as the Spouse or Civil partner

According to Paragraph 285 of the Immigration Rules Part 8: Family Members, if an applicant satisfies the requirements stipulated in Paragraph 284 of the Immigration Rules then an Extension of Stay for a period of two (2) years is granted as the Spouse or Civil Partner of a Person Present and Settled in the UK.

Extension of Stay as the Spouse or Civil partner of a Person Present and Settled in the United Kingdom.

285. An extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom may be granted for a period of 2 years in the first instance, provided the Secretary of State is satisfied that each of the requirements of paragraph 284 is met.

Refusal of Extension of Stay as the Spouse or Civil Partner

According to Paragraph 286 of the Immigration Rules Part 8: Family Members, if an applicant fails to satisfy the Secretary of State regarding fulfilment of the requirements stipulated in Paragraph 284 of the Immigration Rules then the application for an Extension of Stay as the Spouse or Civil Partner will be refused.

Refusal of Extension of Stay as the Spouse or Civil Partner of a Person Present and Settled in the United Kingdom

286. An extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 284 is met.

Back to Top |  UK Spouse Settlement Visa- Requirements for an Extension of Stay

AMP |  UK Spouse Settlement Visa- Requirements for an Extension of Stay

Related: UK Spouse Settlement Visa- Requirements for Leave to EnterILR for the Spouse or Civil Partner

via Immigration Rules part 8: family members – Immigration Rules – Guidance – GOV.UK