UK Visa Extension

[yorkieb]

Another 2 years down the track and its time to jump through the visa hoops again whilst gordon brown yet again puts his grubby hand in my wallet.

So I am after any up to date advice on getting my wifes spouse visa extended. Her 2 year spouse visa expires end of march, but when it was granted 2 years ago she arrived in the UK late. Therefore she hasn't had the required 2 years in the UK to then apply for her ILR. So she needs to extend ( FLR/M if i remember correctly). So to my question:

1. how long should we ash for. or will they automatically give her 4 weeks to take her up to her 2 year quota (then convieniently take anothe set of ILR fees off me).

2. she is taking her life in the uk test this week. if she failes (of course not on purporse) can this reason be added and used as a valid reason to get a sensible extension period and ultimatly some value for the visa fees paid.

3. has anything change regarding visa extension in the past 2 years that I may not have picked up.

Thanks for any advice

Yorkieb.

[7by7]

When does her current visa expire?

What is the exact date of the second anniversary of her arrival with her spouse visa?

Depending on the answers to these two questions, she may not need an extention at all and be able to go straight for ILR.

One can apply for ILR up to 28 days before the end of the 24 month period. So if, for example, the last day of this period is the 28th March she can submit the ILR application anytime after the 1st March and before her current visa expires. So, if her visa expires on the 10th March she will be fine as long as the application is submitted between the 1st and the 10th.

Provided she passes the LitUK test, of course.

[yorkieb]

When does her current visa expire?

What is the exact date of the second anniversary of her arrival with her spouse visa?

Depending on the answers to these two questions, she may not need an extention at all and be able to go straight for ILR.

One can apply for ILR up to 28 days before the end of the 24 month period. So if, for example, the last day of this period is the 28th March she can submit the ILR application anytime after the 1st March and before her current visa expires. So, if her visa expires on the 10th March she will be fine as long as the application is submitted between the 1st and the 10th.

Provided she passes the LitUK test, of course.

Visa 25/3/08 - 25/3/10

Entered UK 3/5/08

Yorkieb

[7by7]

In which case the earliest she could apply for ILR would be 5/4/10, which is after her visa expires; so, she will need to obtain Further Leave to Remain.

See Completing application form FLR(M) and the relevant links from it for details of how to apply, including the fairly new biometric enrolment and identity card requirements.

The advice I have is that this FLR will only be until she is time qualified for ILR, so she will need to make an ILR application when this extension expires. However, that advice, although from a usually reliable source, is 2 years old and the Immigration Rules say

285. An extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom may be granted for a period of 2 years in the first instance, provided the Secretary of State is satisfied that each of the requirements of paragraph 284 is met.

(My emphasis)

I guess the only way to find out for sure is to apply and see what expiry date she is given; especially as current processing times for postal applications means she is unlikely to receive her FLR until after she has passed the 2 year minimum for ILR!

If she has not satisfied the knowledge of life and language in the UK requirement when she applies for FLR then she will definitely be given a further two years.

[yorkieb]

So what you are actually saying is that she would get full value for the FLR(M) fees is she actually failed the life in UK test.

Is this a risky stratagy? , I guess it is a chance for us to decide.

Yorkieb

[7by7]

Risky, in as much as the ILR fees are bound to rise over the next 2 years, whoever wins the election. Labour, who introduced these fees, have been increasing them each year way above inflation, whether the Conservatives if they win will do the same I cannot say.

Remember, too, that she cannot apply for citizenship until she not only has been in the UK for three years, but also has ILR.