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VISA Application wording query

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csimmons9
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Posts: 22
Joined: Mon Jun 19, 2017 8:51 pm

Partner - Extending Family of Settled Person Visa

Post by csimmons9 » Tue Jan 05, 2021 11:37 am

Hi All,

I am a British Citizen, and my wife moved here in September 2018 on Family of a Settled Person Visa. This is due to expire in May 2021, and we are starting to think about applying for another 2.5 years.

2 Questions:

1. When should we apply, to ensure that we will have reached 5 years upon expiry to go for ILR?

2. If the application is submitted before May 2021 when her current Visa Expires, but is not processed before then, will she be able to continue to live and work in the U.K. legally until a decision is made?

Thanks :)

AmazonianX
Respected Guru
Posts: 8112
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Partner - Extending Family of Settled Person Visa

Post by AmazonianX » Tue Jan 05, 2021 12:53 pm

csimmons9 wrote:
Tue Jan 05, 2021 11:37 am
Hi All,

I am a British Citizen, and my wife moved here in September 2018 on Family of a Settled Person Visa. This is due to expire in May 2021, and we are starting to think about applying for another 2.5 years.

2 Questions:

1. When should we apply, to ensure that we will have reached 5 years upon expiry to go for ILR? Date range Eligible to apply for extension is from 28days before reaching or completing 30 months in the UK till the date of BRP expiry.
( counted from date of her initial entry.)

2. If the application is submitted before May 2021 when her current Visa Expires, but is not processed before then, will she be able to continue to live and work in the U.K. legally until a decision is made? Yes, so far application made before expiry of her current leave, Section 3C is activated and this confers on her the same rights she has already till decision on the extension is made.

Thanks :)

csimmons9
Newly Registered
Posts: 22
Joined: Mon Jun 19, 2017 8:51 pm

VISA Application wording query

Post by csimmons9 » Mon Jan 25, 2021 6:34 pm

Hi,

I am currently going through the Extension of my Family of a Settled Person Visa and am confused by the wording of one of the questions:

"Is this the first time you have applied for a partner route, or an extension, with your current partner (including as a fiancé(e) or proposed civil partner)?"

This is my first time applying for an EXTENSION, but obviously NOT my first time applying for a PARTNER ROUTE, as I have been here since November 2018 on a Family of a Settled Person Visa.

Therefore, is my answer to the question YES or NO?

Thanks

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 2:09 pm
United Kingdom

Re: VISA Application wording query

Post by TODMATT » Mon Jan 25, 2021 9:21 pm

.
Last edited by TODMATT on Mon Jan 25, 2021 9:22 pm, edited 1 time in total.
My opinions should not be constituted as an immigration or legal advice.

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 2:09 pm
United Kingdom

Re: VISA Application wording query

Post by TODMATT » Mon Jan 25, 2021 9:21 pm

csimmons9 wrote:
Mon Jan 25, 2021 6:34 pm
Hi,

I am currently going through the Extension of my Family of a Settled Person Visa and am confused by the wording of one of the questions:

"Is this the first time you have applied for a partner route, or an extension, with your current partner (including as a fiancé(e) or proposed civil partner)?"

This is my first time applying for an EXTENSION, but obviously NOT my first time applying for a PARTNER ROUTE, as I have been here since November 2018 on a Family of a Settled Person Visa.

Therefore, is my answer to the question YES or NO?

Thanks
The answer is NO because you have applied on a partner route previously.
My opinions should not be constituted as an immigration or legal advice.

Imm45
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Posts: 9
Joined: Fri Jan 22, 2021 8:09 pm
United Kingdom

Re: VISA Application wording query

Post by Imm45 » Tue Jan 26, 2021 7:34 am

TODMATT wrote:
Mon Jan 25, 2021 9:21 pm
csimmons9 wrote:
Mon Jan 25, 2021 6:34 pm
Hi,

I am currently going through the Extension of my Family of a Settled Person Visa and am confused by the wording of one of the questions:

"Is this the first time you have applied for a partner route, or an extension, with your current partner (including as a fiancé(e) or proposed civil partner)?"

This is my first time applying for an EXTENSION, but obviously NOT my first time applying for a PARTNER ROUTE, as I have been here since November 2018 on a Family of a Settled Person Visa.

Therefore, is my answer to the question YES or NO?

Thanks
The answer is NO because you have applied on a partner route previously.
I chose yes because it was my first extension for my wife. I hope it won't cause major issue. However on next page i choose option which states extension after time in uk.

csimmons9
Newly Registered
Posts: 22
Joined: Mon Jun 19, 2017 8:51 pm

Re: VISA Application wording query

Post by csimmons9 » Sun Feb 14, 2021 10:17 pm

Another question...

Whilst we are waiting for the VISA extension decision my wife retains her right to work etc. Is there any way her employer would be able to verify that with the Home Office if necessary?

sam550
Member
Posts: 212
Joined: Wed Jan 14, 2015 11:04 am
United Kingdom

Re: VISA Application wording query

Post by sam550 » Sun Feb 14, 2021 11:36 pm

Her employer would be able to check from Gov checking service at https://www.gov.uk/employee-immigration ... ent-status

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