Implications of COVID-19 on a Spouse Visa and Extensions

Ever since the COVID-19 pandemic gripped the world, the implications of the virus have been felt far and wide. To curb the spread of the virus, the key strategies that most countries have adopted include social distancing and partial lockdowns for all businesses, except those that were deemed essential. Many governments have limited the movement of people in and out of the country as well.

While these tactics and strategies have helped the UK flatten the curve and slow the rate of infection, it has also made it difficult for people who were looking to move to the country this year.

For people in the middle of their spouse visa processes, the pandemic and the resultant restrictions have led to a nightmarish situation, leaving them confused and frustrated.

Spouse Visa and Extensions

When filing an application for extended leave to remain on a spouse visa, many factors come into play. One of the main factors is meeting the financial requirements, especially considering the pandemic and the subsequent restrictions.

Depending on how the applicant intended to meet the financial requirements post-COVID, they may need to move the application date back or bring it forward to avoid becoming an overstayer.

Many applicants who previously were able to meet the financial requirements have been unable to do so during the pandemic. The options for them are either waiting until they can meet the financial requirements or rely on GEN 3.1 or paragraph Ex.1 of the spousal visa.

GEN 3.1:

This section applies to applications made from abroad or in the UK, and requires a decision from the Home Office to consider whether the requirement cannot be met from the sources mentioned in the immigration rules.

The GEN 3.1 provision can be applied if there is evidence of exceptional circumstances which have created harsh consequences for the applicant and their family. Under GEN 3.1, the Home Office must consider alternate sources of income outside those specified under the usual spouse visa requirements.

Paragraph Ex.1

Paragraph EX. 1 can only be applied to applications made by people who are already in the UK. The provision requires the Home Office to consider whether it would be unreasonable to require the applicant to leave the UK or if the family faces unsurmountable obstacles for continuing life outside the UK.

If the circumstances are proven, leave can be granted for the spouse category. However, it’s important to keep in mind that the leave is usually granted for a ten-year route instead of a five-year route.