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When to actually apply for spousal visa extension?

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Marriage | Unmarried Partners | Fiancé | Ancestry

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Chronos000
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Posts: 4
Joined: Fri Dec 17, 2021 7:34 am
United Kingdom

When to actually apply for spousal visa extension?

Post by Chronos000 » Sun Jan 16, 2022 8:16 pm

Hi all,

My wifes spousal visa has another 5 months left on it (orignally granted 2 years 9 months). We are not sure when to apply for an extension however.

The concern is that we leave it too late and the current visa expires, before we get the new one. Or that we apply too early and then we will fall short of the 5 years required before we can apply for leave to remain.

Any info or links would be appreciated

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

Re: When to actually apply for spousal visa extension?

Post by TODMATT » Sun Jan 16, 2022 9:29 pm

Chronos000 wrote:
Sun Jan 16, 2022 8:16 pm
Hi all,

My wifes spousal visa has another 5 months left on it (orignally granted 2 years 9 months). We are not sure when to apply for an extension however.

The concern is that we leave it too late and the current visa expires, before we get the new one. Or that we apply too early and then we will fall short of the 5 years required before we can apply for leave to remain.

Any info or links would be appreciated
Your wife leave is still balod until it is due to expire so you are not leaving too late.

You can apply anytime 28 days before completing 30 months from the date of arrival in the UK.
My opinions should not be constituted as an immigration or legal advice.

vinny
Moderator
Posts: 32953
Joined: Tue Sep 25, 2007 8:58 pm

Re: When to actually apply for spousal visa extension?

Post by vinny » Mon Jan 17, 2022 1:18 am

if you are British or settled, then it’s an odd period of grant. Should query?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Chronos000
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Posts: 4
Joined: Fri Dec 17, 2021 7:34 am
United Kingdom

Re: When to actually apply for spousal visa extension?

Post by Chronos000 » Wed Jan 26, 2022 7:30 pm

vinny wrote:
Mon Jan 17, 2022 1:18 am
if you are British or settled, then it’s an odd period of grant. Should query?
Thanks for the reply. Why do you think this is odd? That thread suggests 33 months, or 2 years 9 months. And yes I'm British.

Cheers

Chronos000
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Posts: 4
Joined: Fri Dec 17, 2021 7:34 am
United Kingdom

Re: When to actually apply for spousal visa extension?

Post by Chronos000 » Wed Jan 26, 2022 8:51 pm

Additionally, if we did not apply until closer to visa expiry date, and the visa extension was not granted until the current visa expires, are there any legal repurcussions?

Cheers

AmazonianX
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Posts: 7830
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: When to actually apply for spousal visa extension?

Post by AmazonianX » Mon Jan 31, 2022 2:17 am

Chronos000 wrote:
Wed Jan 26, 2022 8:51 pm
Additionally, if we did not apply until closer to visa expiry date, and the visa extension was not granted until the current visa expires, are there any legal repurcussions?

Cheers
Can you make simpler what you mean by "legal repercussions"?

Chronos000
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Posts: 4
Joined: Fri Dec 17, 2021 7:34 am
United Kingdom

Re: When to actually apply for spousal visa extension?

Post by Chronos000 » Mon Jan 31, 2022 8:12 pm

Hi, what I meant was - between the time of current visa expiring and new visa granted, that seems like the applicant has overstayed. I've since read somewhere that if the visa extension is successful then its classed as not overstaying but that wasnt an official source. Is there any legal penalty or trouble with path to citizenship in this case?

If the visa is not granted, then that means the applicant is in the country on an expired visa without an application in process. What happens in this case?

Cheers

AmazonianX
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Posts: 7830
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: When to actually apply for spousal visa extension?

Post by AmazonianX » Wed Feb 02, 2022 4:52 am

Chronos000 wrote:
Mon Jan 31, 2022 8:12 pm
Hi, what I meant was - between the time of current visa expiring and new visa granted, that seems like the applicant has overstayed. I've since read somewhere that if the visa extension is successful then its classed as not overstaying but that wasnt an official source. Is there any legal penalty or trouble with path to citizenship in this case? Within the period of waiting for decision, the applicant retains same rights as the had under the last leave that was granted them.

If the visa is not granted, then that means the applicant is in the country on an expired visa without an application in process. What happens in this case? In this case the applicant hS same rights till day the current application is decided. From then there may be period of having to reapply,appeal,seek for review etc and the number of days for such grace will be stated on the decision letter or feedback.

Cheers

loveman
Junior Member
Posts: 70
Joined: Thu Aug 15, 2013 2:21 pm
India

Re: When to actually apply for spousal visa extension?

Post by loveman » Mon Feb 07, 2022 9:13 am

Hi i am also bit confused regarding this
i am a british citizen, my wife is on dependent visa issued in 18-07-19 and valid till 25/04/2022.
can i apply for the extension now as it has been 30 months since she arrived in UK or need to wait till 28days before expiry. Please let me know. Thank you

AmazonianX
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Posts: 7830
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: When to actually apply for spousal visa extension?

Post by AmazonianX » Mon Feb 07, 2022 11:54 am

loveman wrote:
Mon Feb 07, 2022 9:13 am
Hi i am also bit confused regarding this
i am a british citizen, my wife is on dependent visa issued in 18-07-19 and valid till 25/04/2022.
can i apply for the extension now as it has been 30 months since she arrived in UK or need to wait till 28days before expiry. Please let me know. Thank you
It is apply 28days before completing 30months in UK and NOT 28days before expiry

loveman
Junior Member
Posts: 70
Joined: Thu Aug 15, 2013 2:21 pm
India

Re: When to actually apply for spousal visa extension?

Post by loveman » Mon Feb 07, 2022 6:51 pm

AmazonianX wrote:
Mon Feb 07, 2022 11:54 am
loveman wrote:
Mon Feb 07, 2022 9:13 am
Hi i am also bit confused regarding this
i am a british citizen, my wife is on dependent visa issued in 18-07-19 and valid till 25/04/2022.
can i apply for the extension now as it has been 30 months since she arrived in UK or need to wait till 28days before expiry. Please let me know. Thank you
It is apply 28days before completing 30months in UK and NOT 28days before expiry
Thank you for your reply

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