# Spouse Visa Renewal (Under New Rules)



## totalnoob (Feb 4, 2013)

Hello everyone,

I applied for a spouse visa last year in July which was successful. As this was under the new rules, I was told I had to renew it after 30 months and complete a total of 5 years before I could apply for ILR. I just have a few questions in regards to the renewal and was wondering if someone could help:

1. Would I need to take the English test again? 

I checked the certificate and it doesn't have an expiry date on it, but I just want to be sure. For reference, the test I did was the "Cambridge ESOL Level 2* Certificate in ESOL International (BULATS)" and I achieved a C2. I took the test in January 2013.

2. In the meantime, if the rules change again would they apply to me or would they only apply to those who apply after the rule change? For example, if you applied before July 2012 the financial limit doesn't apply, 2 years are required for ILR etc... Would it be a similar scenario?

3. My wife(the sponsor) has changed her last name to mine on most documents, however her passport still has her maiden name. Would this cause a problem when renewing my visa? She plans to change it on her passport when it's due for renewal, however that is still a few years away.

4. We are currently house hunting and plan to move within the next few months. Will I need to inform the Home Office about our new address?

Any help would be greatly appreciated. I realise I am getting ahead of myself and still have a long way to go before I need to renew my visa, however I like to be prepared.

Thank you.


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## Joppa (Sep 7, 2009)

totalnoob said:


> Hello everyone,
> 
> I applied for a spouse visa last year in July which was successful. As this was under the new rules, I was told I had to renew it after 30 months and complete a total of 5 years before I could apply for ILR. I just have a few questions in regards to the renewal and was wondering if someone could help:
> 
> ...


No, and it should be good enough for settlement and naturalisation (B1 or higher).



> 2. In the meantime, if the rules change again would they apply to me or would they only apply to those who apply after the rule change? For example, if you applied before July 2012 the financial limit doesn't apply, 2 years are required for ILR etc... Would it be a similar scenario?


This is hard to say. Usually yes, there will be transitional arrangement but you can't count on it. Case in point. Some years ago the qualifying period for settlement for ancestry visa holders was increased from 4 to 5 years. Those who had already obtained the visa and were serving their qualification period weren't exempt and had to stay a year more to be eligible for ILR. Another case in point. When last October the pass mark for English test for settlement and naturalisation was increased to B1. This applies to all those going for settlement or citizenship from 28th Oct 2013 onwards, including those who are already in UK.



> 3. My wife (the sponsor) has changed her last name to mine on most documents, however her passport still has her maiden name. Would this cause a problem when renewing my visa? She plans to change it on her passport when it's due for renewal, however that is still a few years away.


No it doesn't matter.



> 4. We are currently house hunting and plan to move within the next few months. Will I need to inform the Home Office about our new address?


No, only after you get biometric residence permit with your new application.



> Any help would be greatly appreciated. I realise I am getting ahead of myself and still have a long way to go before I need to renew my visa, however I like to be prepared.


It's good to be prepared, but rules can change so keep your eyes open for any new announcements as may affect your stay.


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## totalnoob (Feb 4, 2013)

Thank you Joppa, you've been most helpful.

Just a few more questions:

1. I just found this on the Home Office website, which I must say is terrible to navigate around compared to the old one:

https://www.gov.uk/government/uploa...le/304853/approved_english_language_tests.pdf

On there it says the BULATS Online is only valid for 2 years  . It should be noted that I took the test before 6 April 2013 and was given a Cambridge certificate. Should I be worried?

2. In regards to ILR (again, getting way ahead of myself), are there any requirements besides the Life in the UK Test and 5 years as a spouse?

3. Can I apply for naturalisation straight after the ILR or will I need to wait a year?

Many thanks in advance.


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## Joppa (Sep 7, 2009)

1. Normally, once you submit an English test pass for visa application, it stays valid even if the certificate expires. If it's the first time you apply and the certificate has already expired, you have to re-take. 
2. Plus meeting the financial and accommodation requirements, as current at the time of application.
3. As you are married to a Briton, you can apply straight after gaining settlement.


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## totalnoob (Feb 4, 2013)

Joppa said:


> 1. Normally, once you submit an English test pass for visa application, it stays valid even if the certificate expires. If it's the first time you apply and the certificate has already expired, you have to re-take.


Well that's a relief , I was worried there for a second. 

Thank you for answering all my questions Joppa, very much appreciated.


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## aamirshanu (Oct 29, 2012)

Hi Joppa ,

I have some question regarding this thread I also got my spouse visa under the new rules which will expire 16/09/2015 it will be the same requirement for the income when I will apply for the extension?? And my wife will be on the maternity leave for one year what will happen in this case? I have already a job and my income is 12000 per year with commission I earns 400-500 extra per month 

I did ielts for my spouse visa which was valid for two years again I have to take the English test for my extension ??


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## totalnoob (Feb 4, 2013)

aamirshanu said:


> Hi Joppa ,
> 
> I have some question regarding this thread I also got my spouse visa under the new rules which will expire 16/09/2015 it will be the same requirement for the income when I will apply for the extension?? And my wife will be on the maternity leave for one year what will happen in this case? I have already a job and my income is 12000 per year with commission I earns 400-500 extra per month
> 
> I did ielts for my spouse visa which was valid for two years again I have to take the English test for my extension ??


Yes the financial requirement will need to be met again, although I'm not sure on the maternity situation and how that will affect it. Joppa may be able offer more insight.

In regards to the English test, it's as Joppa said, provided you passed at B1 or higher you won't need to take it again. For further clarification you can check this pdf:

https://www.gov.uk/government/uploa...data/file/182545/statement-of-intent-koll.pdf

On there it states:
_
"We will accept a range of English language qualifications as evidence that an applicant has met the requirement to hold a B1 level speaking and listening qualification. This will help ensure that all those needing to take a test will be able to find one suitable for their needs and, so far as possible, that no one who already has an English language qualification at B1 or above will be required to take another one. So, for example, a person applying for settlement as a Tier 2 (General) migrant who has already demonstrated a knowledge of English equivalent to B1 level in order to qualify for entry clearance, will not have to take a further test at settlement stage."_


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## Joppa (Sep 7, 2009)

In case of maternity leave, you take the income earned prior to starting the leave.


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