Re : Spouse Settlement Visa

[Tier1 query]

Hi all

Hope you are well, just want to clarify on my wife's visa is due to be extended in Aug.

Do I need to apply for an extension or can I apply for a settlement visa?

she arrived in the UK In May 2018. but due to the global pandemic, she was stuck back in India for 1 year from Sep 2019 to Jan 2021, reason we would not travel back is she was pregnant and we don't want to take any risk.

Regards

Santosh

[CR001]

Do I need to apply for an extension or can I apply for a settlement visa?

If she is on a spouse visa, then it falls under the Spouse Settlement visa group. What is her full immigration history, including dates and where visas were applied for?

[Tier1 query]

thank you Cr001

First Entry to the UK On May 2018

Visit to India from Jan 03 to Mar 5 2019 - Vacation

Visit to India from Sep 09 to Jan 22 2021 - pergnacy and covid

Visit to India from Jan 02 to March 2023 - Vacation

Regards

Tier 1 query

[CR001]

I asked what her immigration (visa) details are with dates (visa start and expiry dates) and when and where applications were made, not her absence!

A spouse visa is NOT granted for a full 5 years in one go.

[Tier1 query]

Hi CR001

Apologies

here are the details

application done from India start date - 17/04/2018 & End date - 24-01 -2021

Extension from uk Start Date - 22/02/2021 & End data 26/02/2023

Thanks

[CR001]

So she isn't I'm the UK now given that her last visa expired??

If that is the case, she starts again from scratch with a new 5 years and 2 x 2.5 year spouse visas before she can apply for ilr.

[meself2]

ope you are well, just want to clarify on my wife's visa is due to be extended in Aug.

So what visa is she on now? How did you come to a conclusion it has to be extended in August?

[Tier1 query]

Sorry CR001

Dates are incorrect in previous post , here are the correct ones

Valid from and to - 17/04/201 to 24-01 -2021

Valid from & to - 22/02/2021 to 27/08/2023

Her visa due to expire in august ,she is has a valid visa .


Thanks

[CR001]

If she meets the requirements, she can apply for ilr.

[Tier1 query]

but the thing is she is out of country for 1 year 2 months , can we still apply for ILR ?

[Ticktack]

but the thing is she is out of country for 1 year 2 months , can we still apply for ILR ?

Residency is broken if she wasn't on a "Spouse/CP" visa. This is different from a dependant visa.

Continuous residence is broken in specified circumstances such as when an applicant is absent for more than 180 days in any 12 month period without permitted reasons.

[Korekt]

but the thing is she is out of country for 1 year 2 months , can we still apply for ILR ?

As already advised, they can apply if they meet the requirements for ILR, including
E-LTRP.1.10.

E-LTRP.1.10. The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.