When is the best time to apply for Spouse visa extension?

[bigben1982]

Previous post:
Hi forum experts hope you all are ok.
My wife moved to UK on Spouse visa in February 2019. She received her 2 years extension which will last until April May 2024. We left our rental property end of August 2022 and went for holidays back home in Asia. She started a course there which will end in May 2024. Baby is british born also currently living with her there.i am in UK working full time.

Followup:
Hi experts you have been so helpful. I am so grateful to your advice.
My wife's course theory and assignments come to an end, end of April 2024 then she will have to do an internship 6 months there back home or here in UK. Then only, she will receive her qualification certificate.Her course director will be able to provide a letter confirming her studies.Her initial spouse visa route was 5 yrs then PR but long stay outside UK happened due to her studies.

1.Can she come here in April 2024 and apply for visa extension before her current spouse visa expires?

2. What type of spouse visa extension?

3. If we follow step 1, how we can prove cohabitation?
Now I am living in a shared accommodation. Hopefully when they come, I will have my own house where they can stay. Since they went back home, I have visited them many times. WhatsApp screenshots can be provided.Anything else please?

4.Do we need to provide all the previous proofs we submitted like married certificate etc?
I am looking forward your kind reply.Thank you.

[AmazonianX]

While there is no absence limit is for spouse visa route you should however note that the purpose is for the wife to join you in UK with the intention of living together and establishing life together in UK.
Long term absences such as being away on study defeats the purpose of what spouse visa is intended to achieve.

How do you provide and meet cohabitation requirements?

The extension is FLRM.

Documents are similar to what was used for initial spouse visa will be required.

[bigben1982]

Thank you.
Long term absences such as being away on study defeats the purpose of what spouse visa is intended to achieve.
Should we worry about refusal even if we prove that she was away for her studies?

[AmazonianX]

Thank you.
Long term absences such as being away on study defeats the purpose of what spouse visa is intended to achieve.
Should we worry about refusal even if we prove that she was away for her studies?

What purpose will proving she had spouse visa but left for over 18months prove?
IMHO a refusal or restarting the process of spouse visa.
Leave it to MODs and more experienced persons.

[Ticktack]

Thank you.
Long term absences such as being away on study defeats the purpose of what spouse visa is intended to achieve.
Should we worry about refusal even if we prove that she was away for her studies?

I don't think you should. For the very first visa issued, you've proven that you're married. So that never comes back in doubt. You just need to prove that the marriage is still valid and subsisting. This would be tricky because you don't currently live together, and you haven't done so for a long time. If you can properly evidence that with flights, back and forth for both of you! Hopefully, you have other data that can be used emails, messages, calls. It's almost like the first entry "leave to enter" all over again.

[bigben1982]

Thank you for your advice.
1. Is it best to apply in country before her visa expires?What I mean, her visa expires end of May 2024 but can she comes back to UK end of April and apply in country?Hopefully her course ends by April 2024

2. If course doesn't end on time, then she applies from home country in June 2024 after her visa expires, still Flr(m) application or something else in both scenario?

I really appreciate for taking your time and assisting me here.

[CR001]

1. Yes.

2. No. FLR(M) is ONLY for applications made WITHIN the UK. From abroad, it is a new entry clearance spouse visa. Be aware if she lets her visa expire and then applies at a later date for a new spouse visa from abroad, her ILR clock might be reset to zero and a new 5 year route to ILR.

[bigben1982]

1. Yes.

2. No. FLR(M) is ONLY for applications made WITHIN the UK. From abroad, it is a new entry clearance spouse visa. Be aware if she lets her visa expire and then applies at a later date for a new spouse visa from abroad, her ILR clock might be reset to zero and a new 5 year route to ILR.

Hi CR001 great to hear from you after a long time.Hope you are doing good .

Please let me put my wife's visa timeline again.
She came to UK first time in February 2019 with first spouse visa on a 5 years settlement route. She extended her spouse Visa in 2022 beginning and this is the current one going to expire in May 2024 leading to ILR application. She left UK beginning of September 2022 for her studies.That means she is not living in UK since 2022. I visited them 3 times already.She didn't travel back to UK since then because there was no long holidays during her course.

Even if she comes before her current Visa expires, her ILR clock will restart from zero right because of the lengthy stay outside UK? Am I missing any info here? Please apologise me for the lengthy questions.

[bigben1982]

Can I get a reply please?