When and how to apply to extend a spouse visa?

[brucey101]

Dear sir or madam

My wife was granted her first 2.5 year Spouse Leave to Remain Visa on 05/03/2013, and it is valid until 05/09/2015. I am a UK citizen.

She needs to have stayed in the UK with me for 5 years before she can apply for Indefinite Leave to Remain.

I would be very grateful if you kindly answer these 2 questions for me:

1. If she made a ‘same day appointment’ to renew her spouse visa using the FLR(M) Application for an extension of stay in the UK at the Home Office about 21 days before her Visa expired, then would the new visa start from the expiry date of her old visa, or would it start from the day the new visa was issued? I am asking this because if the visa date started from the date that the new visa was issued, then it would expire slightly before the 5 year period leaving her unable to apply for indefinite leave to remain.

2. The other way that we could apply is by post. The UK Visas website says that normal Spouse Leave to Remain Visas extensions are processed within 8 weeks. Is this likely or true? The first spouse visa should have taken only 4 months but ended up taking 11 months! I am asking because she needs her passport back by December 2015 to fly to her brother’s wedding.

Many thanks in advance for your help

Kindest regards

Bruce.

[vinny]

1. It will start from the date of issue. However, she may apply for SET(M) up to 28 days prior to the completion of her qualifying period and preferably before her leave expires.

My wife was granted her first 2.5 year Spouse Leave to Remain Visa on 05/03/2013, and it is valid until 05/09/2015. I am a UK citizen.
...
The first spouse visa should have taken only 4 months but ended up taking 11 months!

Note that if she initially applied for her FLR(M) prior to 9th July 2012, then she may qualify for SET(M) now, subject to KOLL!

[brucey101]

Dear sir or madam

I am a UK citizen and my wife has a 2.5 year first spouse visa which expires on 5th September 2015. We applied to renew this using the FLR(M) form 28 days before the visa expires under the 5 year route.

The Home Office processed the application very quickly and requested Biometrics after only a week.

If we perform the Biometrics within the requested 15 working day period, then we run the risk of her second 2.5 year spouse visa extension expiring approximately 5 days short of the required 5 year period required for indefinite leave to remain.

I have phoned the Home Office and they have advised me that this will not be a problem, as she can wait up to 28 days after her second spouse visa has expired before applying for ILR to make up any shortfall in the 5 year period. However, other posts I have seen say that she will be committing an offence by doing this.

Please could you kindly let me know if she will be able to apply for ILR if her second spouse visa expires just a few days before the 5 year minimum requirement, or if there is a sensible way around this.

Please could you kindly advise me on the best way to proceed as I do not want to have to apply for a third spouse visa application before applying for ILR, just because a few days shortfall in the 5 year period.

Many thanks in advance for your help.

Bruce Fitzgerald.

[vinny]

She may apply for SET(M) at most 28 days before the completion of her 5-year qualifying period and preferably before her leave expires.

[brucey101]

Hi Vinny

Thank you so much for your advice.

I find the Home Office regulations so incredibly confusing!

Thanks

Bruce,

[arrow57]

Hi Bruce
Did your wife have to take the English A1 test again for the next 30 month to make 5 years also step daughter now over 18 does she now need A1 english test? What his contact number home office to ask these question?

Thanks Arrow

[brucey101]

Hi Arrow

I am no expert on the Home Office regulations.

You do not need to take another English test to renew a Spouse Visa as this would have been originally approved on the initial Spouse Visa. Just tick the box on the application form which says that you wish to use the same English test as per the original application.

You can speak to the Home Office on 0300 123 2241, then dial 4 then dial 1. They are really good at answering any questions.

Thanks

Bruce.