Extending spouse VISA in UK - HELP!

[ChippyC]

Hi Everyone 

 

It's great to know there's forums like this out there with people who have 'been there and done that'!... I'm hoping you guys may be able to point me in the right direction as to what the next steps in extending my wife's VISA are?

 

My wife and I got married here in the UK January 2015 whilst she was on the end of a student visa. We then used an agency here in the UK to apply for a spouse visa which was quite costly! the application was submitted in Bangkok a couple of weeks later (during our honeymoon) and we were told it would take up to 3 months for us to get a response, 2 weeks later and we had the thumbs up from the embassy which was great!. After a 3 month honeymoon/jolly in Thailand we headed home to the UK. 

 

My wife's Visa expires mid November 2017 so we need to start looking in to extending it. I've enquired to the previous solicitor/agency about the fees for taking care of this this time round and it's higher than anticipated!

 

OPTION 1:

 

AGENCY FEE: £1600

GOVERNMENT FEE: £993

GOVERNMENT HEALTH SURCHARGE: £500

 

OPTION 2:  (in person service)

 

* the above + *

GOVERNMENT IN PERSON (EXPRESS SERVICE): £500

AGENCY ATTENDANCE FEE (TO BE THERE FOR THE EXPRESS SERVICE): £500

 

I think there may also be an English test on top of the above.

 

Anyhow, as a result of the above I'm considering whether we should maybe take care of the application/evidence etc ourselves this time round but would like the opinion of others on here as to whether its difficult to do?. I've come across what I believe to be the correct application online: FLR (M). On top of this application though I imagine we will need to provide a long list of documents and evidence the same as first time round but was wondering exactly what we need to provide and is there a dedicated web page somewhere listing all of this? or a contact number where I can obtain advice on this?

 

I'd be very grateful if any of you guys could help me out here!

 

Many thanks in advance!

 

 

 

 

 

 

 

Edited August 12, 2017 by ChippyC

[rasg]

I trust that you've been collecting addressed documents from official sources since you came back to the UK? They are meant to be spaced out over the period of the Settlement visa to prove you have been living together.

 

I did all of my wife's visas without a problem since January 2015 without problems. Two visit visas, one settlement visa and one FLR. It's not that difficult and you have most of it from the settlement visa.

 

I have just sent you a PM.

[7by7]

 

16 hours ago, ChippyC said:

Anyhow, as a result of the above I'm considering whether we should maybe take care of the application/evidence etc ourselves this time round but would like the opinion of others on here as to whether its difficult to do?. I've come across what I believe to be the correct application online: FLR (M). On top of this application though I imagine we will need to provide a long list of documents and evidence the same as first time round but was wondering exactly what we need to provide and is there a dedicated web page somewhere listing all of this? or a contact number where I can obtain advice on this?

FLR, and later ILR, are both relatively simple, and I see no need to use an agent.

 

Yes, Form FLR(M) is the correct one; but it is regularly updated so make sure you have the latest one; currently 4/2017.
 

The documents you need are listed Section 13 of the form, and includes, as rasg says, evidence of cohabitation.

 

You will also need, of course, current evidence that the financial requirement is still met. You do not have to use the same method as last time, and for both FLR and ILR your wife's earned income, if any, can be used; either instead of or in combination with yours.

 

16 hours ago, ChippyC said:

I think there may also be an English test on top of the above.

Yes, the requirement for FLR is A2 in speaking and listening. If she already has this and used it for her initial visa she can use it again for FLR, even if her certificate has expired or her test provider is no longer on the approved list. But if she had A1 for her initial visa, then she will need to obtain A2 from an approved provider. Note that for ILR she will need B1, so maybe go for that this time so she can use it again when the time comes to apply for ILR.

 

For more, see the relevant to you parts of Family visas: apply, extend or switch

[ChippyC]

Many many thanks for your replies both!

 

We have numerous documents with both our names on, from council tax and utility bills through to hotel bookings and car insurance documents. We're definitely covered on that front!

 

I've just checked her English cert' which we had from her first spouse visa. It's a:

 

Grade 5 

Graded examination in spoken English 

Entry level certificate in ESOL international (speaking and listening) (Entry 3)

B1.1 of the CEFR

with distinction.

 

English Exam Centres (SELT Centre) - December 2014

Certificate issued 22 December 2014

 

If I remember right the agency said we didn't need a cert' as high as the above for the first spouse visa but recommended we take the next level up as her English is good and this would mean we could use this cert on the next visa (this one) so what you're saying sounds right 7by7!.

 

One more question... (although I'm sure there will be more once I get the application started haha)

 

I'm told the visa must be applied for 28 days before it expires which would be mid October. How long is the turn around roughly on this Visa? Normally the wait wouldn't matter but the issue we have is that we have booked/paid for flights back to Thailand on December 27th for 3.5 weeks, we've also booked a short trip/flights away to Cambodia with her parents for a few days aswell as hotels etc. If her visa/passport isn't back in time all this would be wasted money

Is it likely that it will be back in time for this or should we pay the additional £500 for the same day visa service?

When we booked our trip back to Thailand a few months back we completely forgot about the Visa/passport renewal, very stupid I know!

 

Many helps for everything guys!

 

 

 

 

 

[rasg]

3 minutes ago, ChippyC said:

I'm told the visa must be applied for 28 days before it expires which would be mid October. How long is the turn around roughly on this Visa? Normally the wait wouldn't matter but the issue we have is that we have booked/paid for flights back to Thailand on December 27th for 3.5 weeks, we've also booked a short trip/flights away to Cambodia with her parents for a few days aswell as hotels etc. If her visa/passport isn't back in time all this would be wasted money

Is it likely that it will be back in time for this or should we pay the additional £500 for the same day visa service?

When we booked our trip back to Thailand a few months back we completely forgot about the Visa/passport renewal, very stupid I know!

My wife's took seven weeks and that seems to be average.

 

I would do all I can not to pay for the premium service. It's a rip off imho.

 

Have you read the guidelines?

[ChippyC]

Yes I've been through the guidelines.

 

If we apply October 16 which is 27 days before my wife's Visa expires and the application takes 8 weeks it should be back to us mid December in time for our flights on December 27th. But what if it doesn't? If it doesn't return in time is it possible to apply for the same day service mid December despite already having submitted a regular application?

 

Thanks

 

 

[rasg]

I don't think you can but I am not 100% on that. It's not something I even considered at the time as we had no burning need to go anywhere outside the UK.

[7by7]

21 hours ago, ChippyC said:

I've just checked her English cert' which we had from her first spouse visa. It's a:

 

Grade 5 

Graded examination in spoken English 

Entry level certificate in ESOL international (speaking and listening) (Entry 3)

B1.1 of the CEFR

with distinction.

 

English Exam Centres (SELT Centre) - December 2014

Certificate issued 22 December 2014

 

If I remember right the agency said we didn't need a cert' as high as the above for the first spouse visa but recommended we take the next level up as her English is good and this would mean we could use this cert on the next visa (this one) so what you're saying sounds right 7by7!.

The agency were correct.

 

As I said, provided a pass is of the correct grade or higher and has been used in a previous successful application then it can be used again in future ones, even if the certificate has expired.

 

The requirement for FLR is A2, so she can use the above pass for this FLR application. The requirement for ILR is B1, so she can use it for that well. Note, though, that she will also need to pass the Life in the UK test for ILR.

 

Should she wish to apply for naturalisation as British, then she can use her B1 and LitUK pass for that as well.

 

21 hours ago, ChippyC said:

One more question... (although I'm sure there will be more once I get the application started haha)

 

I'm told the visa must be applied for 28 days before it expires which would be mid October. How long is the turn around roughly on this Visa? Normally the wait wouldn't matter but the issue we have is that we have booked/paid for flights back to Thailand on December 27th..........

 

You say her visa expires in mid November. Although the visa is valid for 33 months, the residential requirement for FLR is 30 months so she does not necessarily have to wait until her visa expires, but can apply for FLR after she has lived in the UK for 30 months.

 

So, when did she first arrive to take up residence with her spouse visa?

 

21 hours ago, ChippyC said:

If we apply October 16 which is 27 days before my wife's Visa expires and the application takes 8 weeks it should be back to us mid December in time for our flights on December 27th. But what if it doesn't? If it doesn't return in time is it possible to apply for the same day service mid December despite already having submitted a regular application?

 

If she withdraws her postal application then she will not get a refund of the fee paid!

 

So even if it were possible to then make a personal application, and as she would no longer have a valid leave I'm not sure it would be, then she would be paying twice!

[ChippyC]

When my wife had her spouse visa granted/stickered in her passport it was dated:

 

VALID FROM: 12/02/15

VALID UNTIL: 12/11/17

 

The date it was stamped by immigration re entering the UK is:

 

2 MAY 2015

 

So am I wrong in thinking that I need to be applying 28 days before the 12/11/17? Should it be 28 days before November 2nd which is 30 months after 2nd of May? (the date she entered the UK on her spouse visa) which would be October 5th?

 

Thanks 7by7

 

 

 

 

[rasg]

It is up to 28 days before. I couriered my wife's two or three days before her Settlement visa ran out to make sure that at the end of FLR 2 she wlll have completed five years in the UK.

[7by7]

On ‎14‎/‎08‎/‎2017 at 9:11 PM, ChippyC said:

When my wife had her spouse visa granted/stickered in her passport it was dated:

 

VALID FROM: 12/02/15

VALID UNTIL: 12/11/17

 

The date it was stamped by immigration re entering the UK is:

 

2 MAY 2015

 

So am I wrong in thinking that I need to be applying 28 days before the 12/11/17? Should it be 28 days before November 2nd which is 30 months after 2nd of May? (the date she entered the UK on her spouse visa) which would be October 5th?

 

Thanks 7by7

 

The earliest she can officially apply is after living in the UK for 30 months, i.e. 2/11/17; although as said, she can submit her application up to 28 days before this date.

 

As she must have a valid leave/visa when she applies, the latest she can apply is the day her current leave/visa expires, i.e. 12/11/17.

 

 

 

[Rob180]

Hi Chippy, I went through this process last year and although some people say it's easy, I'm afraid I disagree. The application form is not clear in some parts about what information is/isn't required. the Guidance Notes in my opinion should be renamed 'Confusion Notes'.

 

You can certainly do it yourself with help from this Forum, that's the way I did it, so I wouldn't bother paying huge fees for an agent. I posted a thread about my whole experience of the FLR process and have left you the link.

 

https://www.thaivisa.com/forum/topic/965006-flr-m-my-experience-of-it-and-some-information-which-may-help/?tab=comments#comment-11546590

 

If there's anything you want to ask me, please feel free to do so.

 

Cheers

[ChippyC]

Hi Guys

 

I'm not far off making an appointment to submit my wife's application at a premium centre. Before I do so I was hoping you could help with a couple of items on her application I'm unsure of?...

 

The applications asks for a 'Police registration certificate'. How do I go about getting one of these?

 

Also, do I need to be putting in a a fresh TB certificate? there's no mention of this on the application but I've noticed it on other peoples document check lists that have applied for the FLR M before. 

 

Many thanks all

Edited September 30, 2017 by ChippyC

[7by7]

11 hours ago, ChippyC said:

The applications asks for a 'Police registration certificate'. How do I go about getting one of these?

 

From section 13A of the application form

Quote

Your police registration certificate if you have been asked to register with the police

(7by7 emphasis)

Most family migrants do not have to register with the police, and if they do they have to do so when they first enter the UK. From UK visas and registering with the police

 

Quote

Check if you need to register

If you applied outside the UK

Check your visa ‘vignette’ (sticker in your passport). You must register if it has ‘Police registration’ or ‘Register with police in 7 days of entry’ on it

Police registration is usually dependent upon nationality (see Who usually needs to register) and Thais are not on that list.

 

So, unless instructed to do so on her original visa vignette (unlikely), your wife did not need to register with the police and so does not need a police registration certificate.

 

11 hours ago, ChippyC said:

Also, do I need to be putting in a a fresh TB certificate?

No; in UK applicants do not need a TB certificate.

Edited October 1, 2017 by 7by7

[ChippyC]

Thanks 7by7

 

One other thing we need to take care of is the Biometric test. I'm aware we need to go to the post office for this but from what I can gather on the PO website it says we need to have a letter from the Home Office to take with us to have it done. Is this correct?

 

Thanks

[rasg]

Yes it is. Your wife will receive a letter after a few weeks.

[7by7]

3 hours ago, ChippyC said:

Thanks 7by7

 

One other thing we need to take care of is the Biometric test. I'm aware we need to go to the post office for this but from what I can gather on the PO website it says we need to have a letter from the Home Office to take with us to have it done. Is this correct?

 

Thanks

 

3 minutes ago, rasg said:

Yes it is. Your wife will receive a letter after a few weeks.

 If applying by post; yes.

 

But

16 hours ago, ChippyC said:

 

I'm not far off making an appointment to submit my wife's application at a premium centre

in which case they will take her biometrics at that appointment.

 

See "Where to provide your biometric information" at 2. Give your fingerprints and photo

[ChippyC]

So if using the premium centre/on the day service there is no need to use the post office? It will be done on the day?

 

Thanks both

 

 

[7by7]

Yes; from the link in my post above

Quote

Where to provide your biometric information

Where you give your biometric information depends on how you’re making your visa or immigration application.

If you’re applying from within the UK, go to:

• a Post Office branch if you’re applying by post - check that the branch offers ‘Home Office biometric enrolment’
• a premium service centre if you’re applying in person

 

[ChippyC]

Thanks for the information to date everyone

 

We've now paid the health surcharge, visa fee and booked our appointment for the same day service which is on November 2nd. We've also prepared all the documents/evidence and have filled out almost all the application but have come stuck on a couple of small bits on there. Would you mind helping?

 

All questions obviously relate to the FLR (M) application.

 

--------------------------------------------------------------------------------------------------------------

 

Page 12: question 2.3:

 

- Please indicate what stage of extension of leave you are applying for or why you are choosing to extend your current leave in one of the above categories (to which the above 'spouse of a person settled in the UK' box has been ticked)

 

First box states:

First period of leave to remain (following an initial period of entry clearance as a partner of a settled person.

 

Second box states:

You are making a first application from within the UK but have not previously had leave to enter/remain as a partner of a settled person

 

....I'm unsure of which box I should be ticking, the first or second. As mentioned above myself and my wife were married in the UK and applied for our spouse visa whilst in Bangkok early 2014. It was granted no problem and we returned a couple of months later (long honeymoon).

 

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Page 27: question 7.3:

 

- From the list below, please indicate the financial source(s) and the amount on income you and/or your sponsor wish to rely on to meet the financial requirement.

 

...I've ticked the 'income from self employment' box and beneath it it has asked for 'Amount of income from this source'. I've popped in my annual profit from my last SA302. is this correct? I'm assuming its the last financial year but it isn't clear?.

 

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Page 48: question 9.15:

 

Give details of the British diplomatic post(s) involved if the application(s) was or were made abroad

 

...I have no idea what this is? could somebody shed some light on this?

 

--------------------------------------------------------------------------------------------------------------

 

And my last query (for the moment I imagine!) is that I have printed the application and filled it out by hand/pen. Is this ok or does it need to be filled on computer, printed off, signed and then taken with us to the home office on the same day service appointment?

 

--------------------------------------------------------------------------------------------------------------

 

All of this is very much appreciated, thank you 

 

 

 

 

[7by7]

Q. 2.3

Assuming that she has lived in the UK for at least 30 months with her spouse visa, tick the first box "First period of leave to remain (following an initial period of entry clearance as a partner of a settled person, or person who is in the UK with refugee leave or humanitarian protection, or as a child of a person who has limited leave as the partner of settled person, or following an initial period of entry clearance as a fiancé(e) or proposed civil partner of a settled person - 6 months)"

 

Her spouse visa was her "initial period of entry clearance as a partner of a settled person."

 

Q.7.3

Depends if you are relying on Category F: Last full financial year or Category G: Average of last two full financial years.

 

If category F, then yes, enter your profit for the last financial year, if category G then the average profit over the last two financial years. See 9. Self-employment or Director or employee of a specified limited company in the UK of the financial appendix for details of each.

 

Q9.15

Her fingerprints would have been taken when she submitted her initial application, so put British Embassy, Bangkok.

 

20 hours ago, ChippyC said:

 

And my last query (for the moment I imagine!) is that I have printed the application and filled it out by hand/pen. Is this ok or does it need to be filled on computer, printed off, signed and then taken with us to the home office on the same day service appointment?

 Up to you.

 

From Family visas: apply, extend or switch 2. Apply as a partner or spouse

Quote

How to apply

In the UK

You can apply online if you’re already in the UK.

You can also apply by post or in person at a premium service centre.

To apply in person either:

• fill in the form and book an appointment
• make an online application and book an appointment

 

[ChippyC]

Thanks 7by7

 

When we submit the application in person end of next week if we happen to have ticked a wrong box, written something incorrectly or they need more information on something minor are they likely to ask us for this/about this or will they just fail the application and have us reapply all over again?.

 

I feel everything is correct and we have all the correct documents and some more but there's still that worry in the back of my head 

They say the application takes around 2.5hours on average for them to get through so we'll be waiting in the home office for the result.

Edited October 24, 2017 by ChippyC

[7by7]

12 hours ago, ChippyC said:

When we submit the application in person end of next week if we happen to have ticked a wrong box, written something incorrectly or they need more information on something minor are they likely to ask us for this/about this or will they just fail the application and have us reapply all over again?.

 I honestly don't know; but would hope that common sense would prevail and it would be the former.

[crazydrummerpauly]

On 8/14/2017 at 8:53 AM, 7by7 said:

The agency were correct.

 

As I said, provided a pass is of the correct grade or higher and has been used in a previous successful application then it can be used again in future ones, even if the certificate has expired.

 

The requirement for FLR is A2, so she can use the above pass for this FLR application. The requirement for ILR is B1, so she can use it for that well. Note, though, that she will also need to pass the Life in the UK test for ILR.

 

Should she wish to apply for naturalisation as British, then she can use her B1 and LitUK pass for that as well.

 

 

You say her visa expires in mid November. Although the visa is valid for 33 months, the residential requirement for FLR is 30 months so she does not necessarily have to wait until her visa expires, but can apply for FLR after she has lived in the UK for 30 months.

 

So, when did she first arrive to take up residence with her spouse visa?

 

 

If she withdraws her postal application then she will not get a refund of the fee paid!

 

So even if it were possible to then make a personal application, and as she would no longer have a valid leave I'm not sure it would be, then she would be paying twice!

I remain confused about the timing of the FLR application.  7x7 - your "Although the visa is valid for 33 months, the residential requirement for FLR is 30 months so she does not necessarily have to wait until her visa expires, but can apply for FLR after she has lived in the UK for 30 months." - is that correct ?   The government site has this - "The earliest you can apply is 28 days before your current permission to stay in the UK expires."  Permission to stay (lasting 33 months) is not the same as 'after living in the uk for 30 months' ? And i'm very conscious of the phrase 'earliest you can apply'.  I might be completely wrong, but the way i read it, the correct time to apply is during the last 28 days of the 33-month 'Permission to stay'.  Please set me straight if i'm wrong - wouldn't be the first time!

[7by7]

crazydrummerpauly, see my reply to the topic you started to ask the same question: 

 

[ChippyC]

I'm a little late coming back with an update... everything went great and the new extention went through/was accepted without any problems! Thanks everyone for your help and advice