Overview of the Family Visa Extensions & Applications
UK Family Visa applications and extensions allow eligible family members to live together in the UK where the requirements of the relevant immigration route are satisfied.
Family immigration can involve a number of different routes, including applications as a spouse, partner, fiancé(e), child or parent. Each route has its own eligibility requirements concerning relationships, finances, English language ability, accommodation and immigration status.
Choosing the correct route is important because an incorrect application can result in refusal and may affect future immigration options.
Who Can Apply for a Family Visa?
The Family Visa system can apply to people who want to live in the UK with a qualifying:
- Spouse
- Partner
- Fiancé(e)
- Child
- Parent
- Adult dependent relative
The sponsor’s immigration status and the applicant’s relationship with them determine which route may be available.
New Family Visa Applications
Applicants applying for the first time must demonstrate that they meet the requirements of the relevant Family Visa route.
Depending on the route, this can include:
- Proving the family relationship
- Demonstrating that the relationship is genuine
- Meeting financial requirements
- Meeting English language requirements
- Demonstrating suitable accommodation
- Providing identity and immigration documents
- Addressing previous immigration history
The exact requirements depend on the type of application.
Family Visa Extensions
A person already in the UK on a qualifying Family Visa may be able to extend their permission.
An extension application should normally be submitted before the existing permission expires.
Where a person is extending with the same family member, they must generally continue to satisfy the relevant relationship and other requirements.
The application should be based on the immigration route currently held and the circumstances at the time of the extension.
Financial Requirements
Financial requirements are an important part of many Family Visa applications.
For a new partner or spouse application, the standard minimum income requirement is currently £29,000 per year, subject to applicable exceptions and transitional arrangements.
Different requirements can apply to other family routes.
Where an applicant is extending an older family route, transitional provisions may also apply. For example, certain applicants who first applied as a partner before 11 April 2024 may remain subject to the previous £18,600 threshold when extending with the same partner, subject to the applicable rules.
English Language Requirements
Many Family Visa applications require the applicant to demonstrate their knowledge of English.
The level required can depend on the type and stage of the application.
Applicants who have previously met the English language requirement may be able to rely on qualifying previous evidence in some circumstances.
Relationship Evidence
Family applications require clear evidence of the relevant family relationship.
Depending on the route, evidence may include:
- Marriage certificates
- Civil partnership certificates
- Birth certificates
- Adoption documents
- Joint tenancy agreements
- Utility bills
- Bank statements
- Communication records
- Travel evidence
- Evidence of financial support
- Court orders
- Evidence relating to children
The documents should be consistent with the information provided in the application.
Applications From Outside the UK
Applicants who are outside the UK and want to join a qualifying family member will generally need to apply for entry clearance before travelling to the UK.
The application should be supported by the relevant identity, relationship, financial and other documents.
Documents not written in English or Welsh may require certified translations.
Applications From Inside the UK
Where the Immigration Rules allow switching or extending from within the UK, the applicant can submit an application before their current permission expires.
Not every immigration category allows a person to switch into a Family Visa from inside the UK.
Applicants should therefore check whether they are permitted to make the proposed application from within the UK before submitting it.
Settlement and Indefinite Leave to Remain
Family Visa routes can provide a pathway to settlement where the applicant satisfies the relevant requirements.
The qualifying period can vary depending on the route.
For example, a person on the five-year partner route may generally apply for indefinite leave to remain after five continuous years on the qualifying family route. Other applicants may be on a longer route to settlement.
Settlement involves additional requirements and should be planned in advance.
Changes in Family Circumstances
Immigration applications may become more complicated where family circumstances change.
This can include:
- Marriage
- Separation
- Divorce
- Birth of a child
- Death of a sponsor
- Changes in immigration status
- Changes in financial circumstances
- Domestic abuse
- Changes to living arrangements
A change in circumstances does not necessarily mean that the applicant must leave the UK, but the available options depend on the circumstances and the immigration route.
Previous Refusals
If a Family Visa application has previously been refused, the refusal decision should be reviewed carefully.
The appropriate response may involve:
- Making a new application
- Addressing the refusal reasons
- Providing additional evidence
- Appealing where a right of appeal exists
- Seeking administrative review where available
- Considering another immigration route
- Assessing human rights considerations
The correct course of action depends on the decision and the applicant’s circumstances.
How We Can Help
SWM Solicitors can assist with both new Family Visa applications and extensions.
Our services include:
- Eligibility assessments
- Route selection
- Relationship evidence
- Financial requirement advice
- English language requirements
- Supporting document reviews
- Application preparation
- Extension applications
- Settlement applications
- Previous refusal reviews
- Complex family immigration matters
- Advice following changes in family circumstances