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Topic: Spousal Visa Extension Questions  (Read 771 times)

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Spousal Visa Extension Questions
« on: March 21, 2017, 03:50:54 PM »
Hi everyone.
I haven't been on here in quite some time....I had gotten past the initial hurdles of living in the UK and was personally adjusting. I am not getting to the stage where I will be applying or the visa extension to my original spousal visa. I am a bit confused about how to proceed though, as the website lists different options and I am not sure which to use.
Here is my situation:
My visa was granted starting the 10th of December, 2014 and is valid until September 10th 2017. I arrived, however, on Jan. 30th 2015. My husband is still in the same job, which is higher than the required amount. I am an archaeologist, so I work in short term contracts during half to 3/4 of the year, but I also work a casual reception job with a gym to supplement this. I have my original contract for the gym and can get my previous contracts for the archaeology jobs. I also have all my payslips from the gym, most from archaeology, as well as my P60s and P45s. We have periodic utility bills and the first council tax document after my name was added. (My husband may be holding on to others - I'm not sure.) We also have letters from English Heritage regarding our joint membership with both names on it - not sure if this counts though. I have had a bank account since I got here - I have initial letters from them and have downloaded all statements. I also have a provisional UK drive's license, a document that says I passed the CSCS exam (construction skills health and safety), and letters from the GP.

So here are my questions:
- Exactly which form do I fill out? The gov.uk website lists 3 options and I am not sure which I use between the 2-or-5-year-scheme or the 5-or-10-year-scheme for partners. I called immigration help, and she said to do the FLR-M 5 year. So I am assuming, the scheme year amount is referring to years to settle/ILR? Can someone please verify that this is the correct form and that I do it for the 5 year scheme?
- When do I apply? The lady at immigration said 28 days before the visa expires. However, I have read otherwise. I have read to do it "no more than 30 days before...." I can't remember exactly what I read or where...that might even refer to ILR. Sorry. Anyway....if it can take up to 8 weeks for the application to go through, shouldn't I apply sooner than that? Will there not be an issue if it takes longer because I will technically be overstaying my visa? I would assume it should definitely be no LESS than 28 days before the visa ends - but can it be more? Any advice on this?
- If I apply after 30 months, but before my visa expiration date - will they start the new visa from the date it is approved or will it start from the original expiration date?
- My husband and I are in lease at our current place until September 2017 - the same time my visa expires. We are currently in the process of buying a house. We will hopefully be in it by summer, before we apply for the visa. The mortgage will be in my husbands name, with me listed as a legal resident. We are also getting him life insurance with me as the beneficiary. Does anyone know how this will affect our application?
- Can anyone help me in regards to advice for the biometric? I did not have to have it for the first visa - only fingerprints. Does anyone know anything about it? I know it costs about 100 quid - but I'm a bit in the dark about the rest of it.
- Can anyone please give me advice about what documents I need to provide? I know my husband's contract is one, our marriage license, as well as bills and things with both our names on it. But I remember the original visa required so many pieces of proof like pictures of us and letters between us and all that craziness. Are there any obscure things that will not be obvious or will help my case? I've been looking around on the threads for ideas, but I am not sure if people are talking about the same application of me.

If anyone could give me advice about all of this, I would be so grateful. Everything is happening at once this year (visa app, house buying, taxes, family stuff, etc) and I feel very overwhelmed. So I thought I'd look into the visa stuff early - I think I've got at least 4 months before we can apply but I'd rather have everything done and ready asap. Thank you all so much!
« Last Edit: March 21, 2017, 03:54:55 PM by SheIsis485 »
Engaged: June 2014
Married: July 30 2014
Visa Application Received in UK: Nov. 27 2014
Visa granted: Dec 12 2014
Moves to UK: Jan 30th 2015


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Re: Spousal Visa Extension Questions
« Reply #1 on: March 21, 2017, 04:10:10 PM »
Welcome back :).

- Exactly which form do I fill out? The gov.uk website lists 3 options and I am not sure which I use between the 2-or-5-year-scheme or the 5-or-10-year-scheme for partners. I called immigration help, and she said to do the FLR-M 5 year. So I am assuming, the scheme year amount is referring to years to settle/ILR? Can someone please verify that this is the correct form and that I do it for the 5 year scheme?

You are applying for FLR(M) on the 5-year route. You entered the UK on the 5-year route and will stay on it to ILR unless you cannot qualify for FLR(M) this time.

You can only be put onto the 10-year route if you are already living in the UK, but you cannot meet the financial requirement for FLR(M). In that case, you MIGHT be put on the 10-year route, which is a special circumstances visa, based on Article 8 (right to family life in the UK) but usually ONLY if you have a UK-citizen child.

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- When do I apply? The lady at immigration said 28 days before the visa expires. However, I have read otherwise. I have read to do it "no more than 30 days before...." I can't remember exactly what I read or where...that might even refer to ILR.

It's 28 days before you reach 30 months in the UK.

So, if you arrived on January 30th 2015, you will reach 30 months on 30th July 2017... so you can apply for your extension any time from July 2nd 2017 up to September 10th 2017

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if it can take up to 8 weeks for the application to go through, shouldn't I apply sooner than that? Will there not be an issue if it takes longer because I will technically be overstaying my visa? I would assume it should definitely be no LESS than 28 days before the visa ends - but can it be more? Any advice on this?

Definitely no less than 28 days before you reach 30 months... if you apply too early, you may screw up your timeline for ILR and may require an extra FLR(M) visa to make up the time.

All that matters is that your application has been SUBMITTED before your visa expires. If it has not been processed when your visa expires, your current immigration status will simply be extended until a decision has been made.

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- If I apply after 30 months, but before my visa expiration date - will they start the new visa from the date it is approved or will it start from the original expiration date?

Not, sure - I think from when they approve it.

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- My husband and I are in lease at our current place until September 2017 - the same time my visa expires. We are currently in the process of buying a house. We will hopefully be in it by summer, before we apply for the visa. The mortgage will be in my husbands name, with me listed as a legal resident. We are also getting him life insurance with me as the beneficiary. Does anyone know how this will affect our application?

It won't affect the application. You just submit the Land Registry document and mortgage statement.

Quote
- Can anyone help me in regards to advice for the biometric? I did not have to have it for the first visa - only fingerprints. Does anyone know anything about it? I know it costs about 100 quid - but I'm a bit in the dark about the rest of it.

You DID have it for your first visa.

Biometrics (fingerprints and photos) have been required for all visas for about 10 years or so now. You will be required to list your biometrics appointment date and location in the US on this FLR(M) application form, so if you can find your appointment details from the first visa, that would help.

It does not cost £100 though.

If you apply for FLR(M) by post, it costs about £20 at a Post Office - you will get an invitation letter to give biometrics a few weeks after you mail your application.

If you apply in person, it is part of the appointment fee and you will give biometrics at the in-person appointment.
 
Quote
- Can anyone please give me advice about what documents I need to provide? I know my husband's contract is one, our marriage license, as well as bills and things with both our names on it. But I remember the original visa required so many pieces of proof like pictures of us and letters between us and all that craziness. Are there any obscure things that will not be obvious or will help my case? I've been looking around on the threads for ideas, but I am not sure if people are talking about the same application of me.

It's basically the same documents as the first visa, but instead of communication evidence, you provide 6 items of official mail addressed to both of you at the same UK address, spread evenly over the last 2 years.

If your husband meets the financial requirement with just his income, there's no need to mention your income, or provide any financial documents from you.

Have a look at the application form for more information (particularly about the 6 items of mail):
https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-as-a-partner-form-flrm

And here for the financial requirement documentation:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf
and
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence


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Re: Spousal Visa Extension Questions
« Reply #2 on: March 21, 2017, 09:43:44 PM »
Welcome back :).

You DID have it for your first visa.

Biometrics (fingerprints and photos) have been required for all visas for about 10 years or so now. You will be required to list your biometrics appointment date and location in the US on this FLR(M) application form, so if you can find your appointment details from the first visa, that would help.

It does not cost £100 though.

If you apply for FLR(M) by post, it costs about £20 at a Post Office - you will get an invitation letter to give biometrics a few weeks after you mail your application.

If you apply in person, it is part of the appointment fee and you will give biometrics at the in-person appointment.

[end quote]


Yea, I realised after I wrote this that I did have to do the biometrics. I remember going downtown and having to include the receipt of it in my postal application (I think....its all so fuzzy now). I'm a bit confused though.....I have to list the date and location of the biometrics appointment I had in the US over two years ago???? I have no clue when that was. Absolutely no. Would you happen to have any idea what I should do? I'm a bit concerned now. I have a copy of the original visa application somewhere in the house....just not handy. I feel like I must have something in there that says it. But what should I do if I don't???? :-(
Engaged: June 2014
Married: July 30 2014
Visa Application Received in UK: Nov. 27 2014
Visa granted: Dec 12 2014
Moves to UK: Jan 30th 2015


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Re: Spousal Visa Extension Questions
« Reply #3 on: March 21, 2017, 09:47:44 PM »
Hi everyone. I am sending everything over for my marriage visa application after my biometrics appointment on Monday. I was wondering if anyone knew what the current processing time was like for settlement visas? When I first asked this question in August, I was informed that processing was taking a long time these days and was recommended to pay for priority processing. I just went on the UK website on Tuesday and they said that processing times were down to 15 days on average. I have also seen success stories on here talking about 15 days or 3 weeks. Neither of these have said whether or not this reflects regular or priority times. Any advice before I pay the extra $510? So much appreciated. Thanks.

Monday, November 24th, 2014.  Got to love past posts!   ;D


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Re: Spousal Visa Extension Questions
« Reply #4 on: March 21, 2017, 09:48:37 PM »
Hey -- just a quick note on when the new visa will be valid for. I was at the visa processing centre yesterday and asked the officer this. She says new visas issued are valid from the date of approval. if that's before your old visa expires (so up to 28 days) they tack on that time to the end of the visa, to make sure you can reach the 5 years necessary for IRL.
Sept '11: premium service same-day tier 4 visa granted in NYC
July '13: tier 4 visa - applied from boston
October '14: FLRM - applied priority in sheffield office
March '17: FLRM 2 - applied priority in sheffield office
Sept 2019: IRL, priority at Croydon, granted same day
October 2019: submitted naturalisation application
January 2020: citizenship approved!
March 2020: last citizenship ceremony before covid :-O


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Re: Spousal Visa Extension Questions
« Reply #5 on: March 21, 2017, 09:50:38 PM »
yea, I realised after I wrote this that I did have to do the biometrics. I remember going downtown and having to include the receipt of it in my postal application (I think....its all so fuzzy now).

Yeah, you HAD to have done it before because you wouldn't have been issued your first visa without doing biometrics :).

Quote
I'm a bit confused though.....I have to list the date and location of the biometrics appointment I had in the US over two years ago???? I have no clue when that was. Absolutely no.

Yep, you need to list every biometrics appointment you have ever had for every visa application you make... so you'll need the date for ILR in 2.5 years as well.

The application form will ask:
- have you given biometrics before
- the date of the biometrics
- the address of the USCIS centre where you gave them
- the address of the consulate that issued your visa

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Would you happen to have any idea what I should do? I'm a bit concerned now. I have a copy of the original visa application somewhere in the house....just not handy. I feel like I must have something in there that says it. But what should I do if I don't???? :-(

Ah, I see KFDancer has found the date for you :).


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Re: Spousal Visa Extension Questions
« Reply #6 on: March 28, 2017, 05:00:00 PM »
You guys are amazing! Thank you so much!

I finally found a usb cable that works with my hard drive with scans of everything from my original visa (mine broke) - so I feel a bit better about things.

I just started reading over the visa application and it seems even more daunting than the first. For example.....why is so much of it repetitive? It asks a ton of questions about you and your sponsor, and then in a sub-category of the section that highlights marriage/civil partnerships - it asks the same questions! Anyone have any idea why they do this?

I also have a question regarding payment. We can't afford the same-day processing so we are going to apply online. From what I am getting from the application - we do not pay the application fee online like last time? I have to list my payment form (card) details on the form and send it in? I'm not really comfortable with bank details AND passports in the same package. Anyone have any info about this? Thanks!
Engaged: June 2014
Married: July 30 2014
Visa Application Received in UK: Nov. 27 2014
Visa granted: Dec 12 2014
Moves to UK: Jan 30th 2015


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Re: Spousal Visa Extension Questions
« Reply #7 on: March 28, 2017, 05:49:12 PM »
I just started reading over the visa application and it seems even more daunting than the first. For example.....why is so much of it repetitive? It asks a ton of questions about you and your sponsor, and then in a sub-category of the section that highlights marriage/civil partnerships - it asks the same questions! Anyone have any idea why they do this?

I'm a little confused - the questions don't seem repetitive to me.

They ask for:
Section 1: your personal details
Section 2: which visa application you are making
Section 3: your sponsor's personal details
Section 4: details of any children either of you have
Section 5: your immigration history
Section 6: details of your relationship with your sponsor (these questions are not asked in sections 1 or 3)
Section 7: How you meet the financial requirement and accommodation requirement

Quote
I also have a question regarding payment. We can't afford the same-day processing so we are going to apply online. From what I am getting from the application - we do not pay the application fee online like last time? I have to list my payment form (card) details on the form and send it in? I'm not really comfortable with bank details AND passports in the same package. Anyone have any info about this? Thanks!

You have 3 options:
1) apply in person, paying the fees online when you book the appointment
2) apply online, paying the fees online when you submit it, then mail the form and all your documents for processing
3) apply by post, printing the application and filling it out by hand, then including your payment details in the package

However, the online application option is brand new (introduced a couple of months ago) and has slightly different questions on it from the paper form. It's also a bit of an unknown at the moment and seems to be a bit glitchy, so I'm a bit wary of it myself.

Personally I would apply by post (not online) and include your payment details with the documents. It's perfectly safe - people have been applying this way for many years, and I've never heard of anyone having issues with payment/card details or passports (I've personally seen hundreds of people on this site apply by post and including their payment details with no problems).

Also, you don't HAVE to fill out your card details - there are other options for payment by post if you aren't comfortable with it.
From the FLR(M) form:
• Cheque (postal applications only)
• Postal Order (postal applications only)
• Credit card - Visa (including Electron), MasterCard or American Express (Amex)
• Debit card - Delta, Maestro* (including Solo)
• Banker’s draft (payable to the Home Office) (postal applications only)


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Re: Spousal Visa Extension Questions
« Reply #8 on: March 29, 2017, 12:20:37 PM »
Thanks for your help.
Its the section regarding relationship with your partner that confuses me. It starts off with all the expected questions and then right when you get done with that, there is a sub-section that says "Marriages and Civil Partnerships" that asks many of the same questions again. Not quite sure why.
Engaged: June 2014
Married: July 30 2014
Visa Application Received in UK: Nov. 27 2014
Visa granted: Dec 12 2014
Moves to UK: Jan 30th 2015


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Spousal Visa Extension Questions
« Reply #9 on: March 29, 2017, 12:25:45 PM »
Just looking again, they don't seem to be exactly the same questions... the first part is asking about when you met and your living arrangements, the "marriages" section is asking about your marriage specifically.

Remember that this form is for all kinds of visas, including those where people are living together but are not married.

So, you just have to answer all the relevant questions and ignore the fact that they might seem similar.


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Re: Spousal Visa Extension Questions
« Reply #10 on: March 29, 2017, 12:41:31 PM »
Ok. Thanks so much!
Engaged: June 2014
Married: July 30 2014
Visa Application Received in UK: Nov. 27 2014
Visa granted: Dec 12 2014
Moves to UK: Jan 30th 2015


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Re: Spousal Visa Extension Questions
« Reply #11 on: March 30, 2017, 12:10:39 PM »
Quick question regarding the pieces of mail with both our names on it to submit to the visa. No matter what we do or how many times we ask people to change it - our mail always comes with "Miss" before my name instead of "Mrs." because I did not change my last name. Is this going to be an issue? We've got our marriage license to prove we are married - but nobody seems to get that I am still a Mrs even though I don't have my husband's last name. Has anybody else dealt with this?
Engaged: June 2014
Married: July 30 2014
Visa Application Received in UK: Nov. 27 2014
Visa granted: Dec 12 2014
Moves to UK: Jan 30th 2015


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Re: Spousal Visa Extension Questions
« Reply #12 on: March 30, 2017, 12:37:47 PM »
Nope, no issue at all - it's  pretty common


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