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Applying to renew Spouse visa past the 28 days grace period.

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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flat21
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Applying to renew Spouse visa past the 28 days grace period.

Post by flat21 » Sat Jun 24, 2023 10:25 pm

My wife's visa will be expiring on the 25th of July, while her appointment with UKVCAS will be on the 5th of July.
Meaning she only has 20 days to stay in the UK until her Visa gets approved. Do we need to worry?

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CR001
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Re: Applying to renew Spouse visa past the 28 days grace period.

Post by CR001 » Sat Jun 24, 2023 10:43 pm

If she submit and online application before visa expiry, her existing visa conditions continue while an application is pending under section 3c of the immigration rules

She will NOT be an overstayer.
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flat21
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Re: Applying to renew Spouse visa past the 28 days grace period.

Post by flat21 » Sat Jun 24, 2023 11:01 pm

CR001 wrote:
Sat Jun 24, 2023 10:43 pm
She will NOT be an overstayer.
Sorry i cannot find the section 3 that you are referring to. If you could provide me a link, that would be godsend. My wife is in panic at the moment and i really do not know what to do, when she panics, i panic.
Its a bit confusing because HERE it says this:
Extending your family visa

You can apply to extend your stay with your family member if you’re already in the UK on a family visa.

You can extend at any time before your current permission to stay in the UK expires.

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.

You must live in the UK for a certain amount of time before you’re eligible for settlement (‘indefinite leave to remain’). Before you extend your visa, check how much time you need to settle in the UK.
Again, her visa will be ending in 30 days, her appointment is in the 5th of July, meaning she only has 20 days left which is well over 28 days mentioned above.

AmazonianX
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Re: Applying to renew Spouse visa past the 28 days grace period.

Post by AmazonianX » Sun Jun 25, 2023 12:36 am

flat21 wrote:
Sat Jun 24, 2023 11:01 pm
CR001 wrote:
Sat Jun 24, 2023 10:43 pm
She will NOT be an overstayer.
Sorry i cannot find the section 3 that you are referring to. If you could provide me a link, that would be godsend. My wife is in panic at the moment and i really do not know what to do, when she panics, i panic.
Its a bit confusing because HERE it says this:
Extending your family visa

You can apply to extend your stay with your family member if you’re already in the UK on a family visa.

You can extend at any time before your current permission to stay in the UK expires.

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.

You must live in the UK for a certain amount of time before you’re eligible for settlement (‘indefinite leave to remain’). Before you extend your visa, check how much time you need to settle in the UK.
Again, her visa will be ending in 30 days, her appointment is in the 5th of July, meaning she only has 20 days left which is well over 28 days mentioned above.
If you submit application for FLRM before the expiry date of her current leave it does not have any effect that her appointment for biometrics is after expiry.

Korekt
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Re: Applying to renew Spouse visa past the 28 days grace period.

Post by Korekt » Mon Jun 26, 2023 1:43 pm

flat21 wrote:
Sat Jun 24, 2023 11:01 pm
CR001 wrote:
Sat Jun 24, 2023 10:43 pm
She will NOT be an overstayer.
Sorry i cannot find the section 3 that you are referring to. If you could provide me a link, that would be godsend. My wife is in panic at the moment and i really do not know what to do, when she panics, i panic.
Its a bit confusing because HERE it says this:
Extending your family visa

You can apply to extend your stay with your family member if you’re already in the UK on a family visa.

You can extend at any time before your current permission to stay in the UK expires.

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.

You must live in the UK for a certain amount of time before you’re eligible for settlement (‘indefinite leave to remain’). Before you extend your visa, check how much time you need to settle in the UK.
Again, her visa will be ending in 30 days, her appointment is in the 5th of July, meaning she only has 20 days left which is well over 28 days mentioned above.
And you've either misunderstood or misinterpreted.

All it is saying there is that, if applicable, the maximum number of days that can be added to the new visa if approved is 28 days.
"Facts are sacred. Opinions are free."

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