Spouse visa extension

saudbs · Post by **saudbs** » Tue Jul 15, 2014 7:01 pm

Hello Experts

My wife got her tier 1(general) partner visa on 31/7/2012, then she got her Spouse/Partner leave to remain visa on 26/2/2013.

Her Spouse/Partner leave to remain visa is going to expire on 26/2/2015.

1) Should she apply for Spouse visa extension for another 3 years or ILR and which form she needs to fill?

2) How soon can she apply for extension or ILR?

Thanks,

saudbs · Post by **saudbs** » Wed Jul 16, 2014 8:47 am

Anyone please?

Post by **Amber** » Thu Jul 17, 2014 7:26 am

When did she enter the UK initially?

saudbs · Post by **saudbs** » Mon Jul 21, 2014 10:37 am

Thanks for replying Amber.

She entered UK initially on student visa in August 2011 and we got married in mar 2012. She had her tier 1(general) partner visa on 31/7/2012, then she moved onto her Spouse/Partner leave to remain visa on 26/2/2013.

Post by **Amber** » Mon Jul 21, 2014 3:53 pm

ILR on form SET(M) from 28 days before 31/7/2014. B1 English and LIUK required.

saudbs · Post by **saudbs** » Mon Jul 21, 2014 4:14 pm

Thanks Amber.

As I understand SET(M) is for ILR. She doesn't fall into 5 years category?

Post by **Amber** » Mon Jul 21, 2014 8:49 pm

saudbs · Post by **saudbs** » Mon Jul 21, 2014 9:08 pm

As I understand from guidelines, anyone who got PBS dependant visa after 9/7/2012 falls into 5 year route.

My wife got PBS dependant visa on 31/7/2012. She came to UK on student visa in 2011 not on PBS dependant visa.

Can you please clarify that?

Post by **Amber** » Mon Jul 21, 2014 9:13 pm

When did she apply for PBS dep leave? How long is the current leave valid for? 2 or 2.5 years?

saudbs · Post by **saudbs** » Mon Jul 21, 2014 9:43 pm

she applied for PBS dependant leave on 23/7/2012 and visa was issued on 31/7/2012 which expired on 16/3/2013 as my TIER1 expired on 16/3/2013.

Then I got my ILR in feb/13 and same time she got spouse visa which will expire on 26/2/2015.

Now should she go for ILR or FLR?

Post by **Amber** » Mon Jul 21, 2014 11:02 pm

So she got spouse leave under FLR(M) for 2 years? If so, that's leave under Part 8 and she should be able to apply for ILR.

saudbs · Post by **saudbs** » Mon Jul 21, 2014 11:13 pm

a)Yes she got spouse leave under FLR(M) for 2 years, so she should go for 3 year extension right? as first PBS dependant visa was issued on 31/7/2012, which is after 9/7/2012.

b)If she falls under 5 year route, they would have issued flr(M) for 2.5 years not 2 years?

c) UKBA letter which was issued with spouse visa on feb/2013 says "In order to qualify for settlement you must have completed a period of 2 years in the UK as the spouse...........
.......Please understand any future application that you make in the marriage category will be assesed against paragraphs 284 or 287 or 295D or 295G of the immigration rules."

Now I am confused! if she was issued first PBS dependent visa after 9/7/2012, then how can she fall under 2 years route?

Post by **Amber** » Tue Jul 22, 2014 1:15 am

Was she a student dep before T1 dep?

saudbs · Post by **saudbs** » Tue Jul 22, 2014 8:39 am

No she was on student visa herself before tier1 dependant.

Post by **Amber** » Tue Jul 22, 2014 10:34 am

Then they erred, however, she may apply for SET(M) from 28 days before 31/07/2014 by virtue of immigration rule 287(a)(i)(d).

saudbs · Post by **saudbs** » Tue Jul 22, 2014 10:37 am

well if we apply for SET(M) and if it gets refused then we can apply for FLR(M) ?

Do I need a solicitor here?

Post by **Amber** » Tue Jul 22, 2014 10:41 am

If shouldn't be refused. A solicitor should not be required, just clearly state on a cover letter, current leave is under Part 8 of the immigration rules and combining leave as a PBS dep as per rule 287(a)(i)(d) apply at a PEO. Request a senior caseworker if any issues arise.

saudbs · Post by **saudbs** » Tue Jul 22, 2014 10:55 am

thanks.

Just for my knowledge if Part 8 of the immigration rules states 2 years before ILR then which part of immigration states 5 years before ILR?

I just need this information so I can reply any questions raised by them.

Post by **Amber** » Tue Jul 22, 2014 11:30 am

Appendix FM is the 5 year route.

waqasshah · Post by **waqasshah** » Tue Jul 22, 2014 12:20 pm

Dear All,

I have just gone through the discussions on this form and I am totally confused by looking so much information. Please kindly help me or direct me to the right direction. I need information for my spouse ILR.

I am a British Citizen now. My wife got spouse visa in November 2012 until February 2015 (She Applied on 06th June 2012 before new rules implemented). I was on ILR at that time. Please note we also have a baby boy now.

I have the following questions.

1. I need to apply for her extension or ILR?
2. Spouse ILR requires any fund maintenance requirements?
3. Which form we need to use to submit the application.
4. How much is the fee for Spouse ILR.

looking forward to hear from you.

Regards
Waqas Shah

Post by **Amber** » Tue Jul 22, 2014 1:08 pm

When did your wife arrive in the UK?

waqasshah · Post by **waqasshah** » Tue Jul 22, 2014 1:39 pm

Amber wrote:When did your wife arrive in the UK?

She arrived on 25th December 2012

Post by **Amber** » Tue Jul 22, 2014 11:59 pm

SET(M) from 28 days before 25th December 2014. B1 English and LIUK. See the form for your other questions

waqasshah · Post by **waqasshah** » Wed Jul 23, 2014 9:22 am

Amber wrote:SET(M) from 28 days before 25th December 2014. B1 English and LIUK. See the form for your other questions

Thanks Amber for replying my question is still there either she should go for ILR or extension ? Any fund maintenance requirements ? her visa going to expire on 27th February 2014. Can we apply in Feb?

Regards
Waqas Shah

Post by **Amber** » Wed Jul 23, 2014 6:00 pm

I think you mean Feb 2015 and yes she can apply from when I stated under the day her leave expires. Adequate maintenance required. Why extend?

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