Spousal Visa - Renewal timing query

[Reikleb]

Hi - I was previously on a Tier 2 - ICT visa for 4 years before I married my partner (who is a British citizen) and switched to a spousal visa in the country. My spousal visa was granted for a period of exactly 2.5 years (i.e. issued on 15 May 2018 and expiring on 14 November 2020).

I have looked at the guidance on the government's website which suggested that one can apply for an extension at any time before the visa expires. However it then goes on to say that "if you’re extending to stay with the same family member, you’ll only get up to 28 days left on your current stay added to your new visa."

I am not quite sure what the above means and whether that will have any implication for me when I come to apply for ILR. I want to avoid a situation where if I applied too early then the issuance of my new visa will start earlier than 14 November 2020 which means I would not have stayed in the country for the full qualifying 5 years to apply for ILR. On the other hand I do not want to leave it too late to submit the application although I am happy to go through priority handling.

Can someone please advise on when is the best time for me to start applying for the extension? Your help is very much appreciated!

[AmazonianX]

Hi - I was previously on a Tier 2 - ICT visa for 4 years before I married my partner (who is a British citizen) and switched to a spousal visa in the country. My spousal visa was granted for a period of exactly 2.5 years (i.e. issued on 15 May 2018 and expiring on 14 November 2020).

I have looked at the guidance on the government's website which suggested that one can apply for an extension at any time before the visa expires. However it then goes on to say that "if you’re extending to stay with the same family member, you’ll only get up to 28 days left on your current stay added to your new visa."

I am not quite sure what the above means and whether that will have any implication for me when I come to apply for ILR. I want to avoid a situation where if I applied too early then the issuance of my new visa will start earlier than 14 November 2020 which means I would not have stayed in the country for the full qualifying 5 years to apply for ILR. On the other hand I do not want to leave it too late to submit the application although I am happy to go through priority handling.

Can someone please advise on when is the best time for me to start applying for the extension? Your help is very much appreciated!

The extension can be applied for from 28 day before completion of 30 months after the issuance of the initial in-country spouse visa that was issued.
Use below for getting corrct date.

https://www.timeanddate.com/date/dateadded.html

[Korekt]

However it then goes on to say that "if you’re extending to stay with the same family member, you’ll only get up to 28 days left on your current stay added to your new visa."

I am not quite sure what the above means and whether that will have any implication for me when I come to apply for ILR.

The above quote is simply stating that up to 28 days can be added to the visa, if granted, depending on the number of days left on your leave as at the date of application.

This is line with GEN.1.13. of the immigration rules.

[Reikleb]

Thank you both for your response.

If I apply within 28 days of expiry of my first visa but my extension was only granted post expiry of my first visa, does that impact my stay in the UK and for me to continue to work for my employer?

Are the documents required for the extension exactly the same documents that we submitted for the first spousal visa? Is there anywhere that sets out the exact requirements?

Many thanks in advance!

[Korekt]

Thank you both for your response.

If I apply within 28 days of expiry of my first visa but my extension was only granted post expiry of my first visa, does that impact my stay in the UK and for me to continue to work for my employer?

No, you will stay on the same conditions while you await a decision.

Are the documents required for the extension exactly the same documents that we submitted for the first spousal visa? Is there anywhere that sets out the exact requirements?

Many thanks in advance!

Pretty much. Financial requirement including adequate accommodation, cohabitation documents to prove subsisting relationship. If you need to meet the English language requirement, then at least A2 is required.

[Korekt]

Also.