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Spouse Visa Extension and ILR/Naturalisation

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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cssprashant
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Posts: 31
Joined: Fri Nov 20, 2020 6:39 pm
India

Spouse Visa Extension and ILR/Naturalisation

Post by cssprashant » Sun Jan 29, 2023 8:27 pm

I am a British national and my wife has an Indian passport. She was granted a Spouse Visa, and following are the dates:-

Date of Issue: 15/03/2021
Date of Entry in the UK : 15/05/2021
Valid Till: 29/12/2023

Based on this, please can I check the following:-
1) What is the earliest date my wife can apply for an extension of her spouse visa?
2) How long is the spouse visa extension granted?
3) My current assumption is after she finishes three-year stay in the UK (15/5/2024), she can apply for naturalisation directly or does she need to get an ILR first and then naturalisation?

Appreciate your help, guidance and links regarding the same.

meself2
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Posts: 3435
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Spouse Visa Extension and ILR/Naturalisation

Post by meself2 » Sun Jan 29, 2023 8:42 pm

cssprashant wrote:
Sun Jan 29, 2023 8:27 pm
1) What is the earliest date my wife can apply for an extension of her spouse visa?
You can apply any time; you should, though, apply close to the expiration date, so your new visa is given for another 30 months and no extra renewal is needed to finish 5 years in the UK on spouse visa.
cssprashant wrote:
Sun Jan 29, 2023 8:27 pm
2) How long is the spouse visa extension granted?
30 months
https://www.gov.uk/uk-family-visa/partner-spouse
If you extend or switch to this visa
If you extend your family visa or switch to this visa you can stay in the UK for 2 years and 6 months.
cssprashant wrote:
Sun Jan 29, 2023 8:27 pm
3) My current assumption is after she finishes three-year stay in the UK (15/5/2024), she can apply for naturalisation directly
No.
Naturalization and immigration are two separate routes (see this thread and explanation by secret.simon - post2102052.html#p2102052), so for naturalization she needs to get ILR, for which she needs at least 5 years on spouse visa.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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CR001
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Re: Spouse Visa Extension and ILR/Naturalisation

Post by CR001 » Sun Jan 29, 2023 8:44 pm

1. She should apply around 28 days before she has 30 months residence counted from the date she entered the uk

2. It is a 2.5 year extension.

3. No she canaot apply for citizenship directly. She needs ILR first, this is mandatory. To apply for ILR, she needs 5 years residence on a spouse visa. Once she has ILR, she can apply for citizenship immediately if she meets the 3 year requirements.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

cssprashant
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Posts: 31
Joined: Fri Nov 20, 2020 6:39 pm
India

Re: Spouse Visa Extension and ILR/Naturalisation

Post by cssprashant » Sun Jan 29, 2023 9:21 pm

Thanks a lot, @meself2 and @CR001.

Based on what you have suggested, my conclusion is the following => My wife should ideally apply for the Spouse Visa Extension after 15th Nov 2022(30 months from the date of arrival) and before 29th Dec 2023 (Visa lapse date)

If you do not mind, I have the following question:-
1) For the extension, she still needs to apply from => https://visas-immigration.service.gov.u ... 1670086055, right?

2) Are the documents required for the extension => https://www.gov.uk/uk-family-visa/partner-spouse

3) My wife used the NARIC certificate to get her Spouse's visa in the first place, so I am assuming she can still use that certificate to prove her "Knowledge of English".

4) The 3-year requirement is a bit redundant for the spouse visa route as she would have completed five years stay in the UK before applying for ILR.

Thanks once again.

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

Re: Spouse Visa Extension and ILR/Naturalisation

Post by TODMATT » Sun Jan 29, 2023 10:01 pm

cssprashant wrote:
Sun Jan 29, 2023 9:21 pm
Thanks a lot, @meself2 and @CR001.

Based on what you have suggested, my conclusion is the following => My wife should ideally apply for the Spouse Visa Extension after 15th Nov 2022(30 months from the date of arrival) and before 29th Dec 2023 (Visa lapse date)

If you do not mind, I have the following question:-
1) For the extension, she still needs to apply from => https://visas-immigration.service.gov.u ... 1670086055, right?

Yes using this form.
FLR M


2) Are the documents required for the extension => https://www.gov.uk/uk-family-visa/partner-spouse
Once you have filled the application, it will tell you the list of documents you must provide to support your application.

3) My wife used the NARIC certificate to get her Spouse's visa in the first place, so I am assuming she can still use that certificate to prove her "Knowledge of English". Yes she can reuse her NARIC certificate even though NARIC is now changed to ECCTIS but the certificate can still be reused.

4) The 3-year requirement is a bit redundant for the spouse visa route as she would have completed five years stay in the UK before applying for ILR.

To qualify for ILR, she must have lived here for 5 years under the 5 years route as a partner then qualify for naturalisation in which it has its own rules

https://assets.publishing.service.gov.u ... rocess.pdf

Thanks once again.
My opinions should not be constituted as an immigration or legal advice.

cssprashant
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Posts: 31
Joined: Fri Nov 20, 2020 6:39 pm
India

Re: Spouse Visa Extension and ILR/Naturalisation

Post by cssprashant » Sun Jan 29, 2023 10:29 pm

Thanks a lot @Toddmat.

Am I right to assume that for the spouses its the 5 year route always and not 3 year route.

meself2
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Ireland

Re: Spouse Visa Extension and ILR/Naturalisation

Post by meself2 » Sun Jan 29, 2023 10:54 pm

cssprashant wrote:
Sun Jan 29, 2023 10:29 pm
Thanks a lot @Toddmat.

Am I right to assume that for the spouses its the 5 year route always and not 3 year route.
Yes, either 5 or 10 year route.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

cssprashant
Newbie
Posts: 31
Joined: Fri Nov 20, 2020 6:39 pm
India

Re: Spouse Visa Extension and ILR/Naturalisation

Post by cssprashant » Sun Jan 29, 2023 10:57 pm

Thanks meself2.

Sorry for being padantic how can I find out if my wife is in 5 year or 10 year route. Thanks.

meself2
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Re: Spouse Visa Extension and ILR/Naturalisation

Post by meself2 » Sun Jan 29, 2023 11:05 pm

cssprashant wrote:
Sun Jan 29, 2023 10:57 pm
Thanks meself2.

Sorry for being padantic how can I find out if my wife is in 5 year or 10 year route. Thanks.
Since she was given a spouse visa to come here and you're meeting minimum financial requirements (18600/year), it's 5 year route. 10 year route is usually given if a person cannot meet financial requirements for renewal, for example, don't worry about that.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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

Re: Spouse Visa Extension and ILR/Naturalisation

Post by AmazonianX » Mon Jan 30, 2023 2:24 am

cssprashant wrote:
Sun Jan 29, 2023 10:57 pm
Thanks meself2.

Sorry for being padantic how can I find out if my wife is in 5 year or 10 year route. Thanks.
On the visa vignette on her passport and letter for the initial spouse visa there should be a bit written "D Partner (Standard)

cssprashant
Newbie
Posts: 31
Joined: Fri Nov 20, 2020 6:39 pm
India

Re: Spouse Visa Extension and ILR/Naturalisation

Post by cssprashant » Sun Feb 05, 2023 10:34 pm

Thanks AmazonianX and meself2.

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