Spouse Visa Renewal – Financial Requirement, Voluntary Redundancy, British Child & Exceptional Circumstances

[engrcj]

Hi everyone,

I’m hoping for some advice regarding our spouse visa extension and whether we can argue exceptional circumstances to remain on the 5-year route.

I am the British citizen sponsor. My husband’s FLR(M) visa expires on 12 January 2026. We need to apply for a renewal so additional 2~2.5 years until ILR. We also have a British child, currently 1 year old.

Employment Situation
• I was made redundant in December 2024 and I’m still searching for work.
• My husband was offered voluntary redundancy as part of a wider company downsizing and took it in August 2025. This was part of an employer-initiated redundancy programme.
• He previously earned £130k+ and is currently in late-stage interviews with several firms for similar roles, with the possibility of starting a new job in early 2026.

Financial Requirement Problem
My husband received a £90k+ redundancy package which is now in our savings, so financially we are stable.

However:
• The £88,500 savings route requires the money to be held for 6 full months.
• Our savings were deposited end of August 2025, so we only hit 6 months late February 2026, which is after the visa expiry date.
• We cannot meet Category A/B income because neither of us will be employed at the date of application.

We therefore cannot meet the standard financial requirement by January.

Our Plan
We want to apply under the 5-year route anyway and request discretion due to exceptional circumstances, supported by a very strong evidence bundle.

Reasons we believe this is justified:
• We have a British child, and separating the family or expecting the child to relocate is unreasonable.
• Both job losses were employer-driven, not voluntary unemployment.
• We currently have substantial savings, just not held long enough. Short by 1-1.5 month..
• My husband is highly employable and likely to return to a high salary very soon.
• This is clearly a temporary disruption, not long-term instability.
• We will provide detailed evidence: redundancy letters, job search and interview proof, savings, home stability, and documentation relating to the best interests of our child.

Questions for the Forum
1. Has anyone successfully remained on the 5-year route under exceptional circumstances when financial requirements weren’t met?
2. Does having a British child and substantial savings (just short of the 6-month rule) strengthen a discretionary 5-year request?
3. Is it sensible to try for the 5-year route while preparing the 10-year route as a fallback, then switch back once income meets the requirement?
4. Has anyone seen any flexibility around the 6-month savings rule when the timing issue is caused by redundancy?

Any advice, experience, or insight would be hugely appreciated.
We want to make sure we prepare the strongest possible application for our family.

Thank you so much.