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Topic: UK Residence Permit Expired - How to Renew?  (Read 1776 times)

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UK Residence Permit Expired - How to Renew?
« on: July 16, 2022, 12:18:37 AM »
Hello! I've entered UK on Spouse Residence Permit back in 2019. My Residence Permit expired back in February 2022. I was outside of the UK at that time for work reasons and since then been traveling to the UK back and forth as a tourist on my US passport.

What is the best way to renew my Residence Permit? Can I do it while in the UK?


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Re: UK Residence Permit Expired - How to Renew?
« Reply #1 on: July 16, 2022, 01:07:39 AM »
Unfortunately, because you did not renew it before it expired, in order to return to live in the UK as a spouse, you will need to start over from scratch by applying for another spousal visa from the US.

This will reset your 5-year count to ILR, which means that you won't qualify for ILR until 2027 (assuming you get the new spousal visa in 2022), instead of your original qualification date of mid-2024.

You cannot renew in the UK, because you are not allowed to switch from a visitor visa to any other kind of visa from inside the UK.


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Re: UK Residence Permit Expired - How to Renew?
« Reply #2 on: July 16, 2022, 08:45:04 AM »
Hello! I've entered UK on Spouse Residence Permit back in 2019. My Residence Permit expired back in February 2022. I was outside of the UK at that time for work reasons and since then been traveling to the UK back and forth as a tourist on my US passport.

What is the best way to renew my Residence Permit? Can I do it while in the UK?

That's really unfortunate. Yes, as mentioned, you will need to return to the US and start from the beginning again.

If you're in the UK at the moment, make sure you don't do anything that you're not permitted to do on a visitor's visa, such as working, even if that work is remote. And note that attempting to live in the UK through consecutive visits in itself is not permitted.

I'm curious if you had any push back at the border in these circumstances?

Best of luck getting back on track.


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Re: UK Residence Permit Expired - How to Renew?
« Reply #3 on: July 18, 2022, 06:36:41 PM »
Thank you for providing the feedback!

No pushback so far as no one has asked that question - I usually go through the automated gates  :)

Another question: have you seen delays recently in processing the visas? When I did it back in 2019, it took me 2.5 months from the application date to the date of the notice. What are timeframes looking like these days if I select Premium Settlement Package through VFS?


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UK Residence Permit Expired - How to Renew?
« Reply #4 on: July 18, 2022, 07:40:42 PM »
Another question: have you seen delays recently in processing the visas? When I did it back in 2019, it took me 2.5 months from the application date to the date of the notice. What are timeframes looking like these days if I select Premium Settlement Package through VFS?

The Premium Settlement Package is not available at the moment, neither is Settlement Priority Processing (both of which take the same amount of time anyway - the only difference is that premium allows you to keep your passport)… so you can only use standard processing at the moment, which could potentially take up to 6 months.


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Re: UK Residence Permit Expired - How to Renew?
« Reply #5 on: July 18, 2022, 08:05:21 PM »
The Premium Settlement Package is not available at the moment, neither is Settlement Priority Processing (both of which take the same amount of time anyway - the only difference is that premium allows you to keep your passport)… so you can only use standard processing at the moment, which could potentially take up to 6 months.


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Wow, is there a reason why premium services are not available? What do people do while waiting for 6 months? Is there a way to keep my passport while I wait?


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UK Residence Permit Expired - How to Renew?
« Reply #6 on: July 18, 2022, 09:42:27 PM »
Wow, is there a reason why premium services are not available? What do people do while waiting for 6 months? Is there a way to keep my passport while I wait?
It’s due to an increase in applications from Ukraine… they have had to stop the settlement visa priority and premium services because of it, and processing times have increased in general.

Unfortunately, there is no current way to keep your passport while you wait.

The only way previously was to use the Premium Settlement Service, where you were basically paying an extra $1200 just to keep your passport, though you still could not travel to the UK while the visa was processing. But with that service not currently available, you have no choice but to mail your passport to New York for processing.

I’m not sure how long spousal visa applications are actually taking at the moment, but I believe they have extended the processing standards time from 12 weeks to 24 weeks.


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Re: UK Residence Permit Expired - How to Renew?
« Reply #7 on: July 19, 2022, 10:34:34 AM »
There is also the option to apply for a second US passport (limited validity) if you need to travel to anywhere EXCEPT the UK while your visa is processing.

Sorry it's not better news.  Also make sure if you have used the NHS since your visa expired and your new application date that you get a bill and have a payment reflected for those services.  Your GP may not be versed in the billing practice and may say you don't owe anything, but UKVI will contact your local NHS trust and have them bill you, thus slowing processing down further (and allowing UKVI to go beyond their 24 week service standard timeline).  If you haven't used the NHS since your visa expired, nothing to do.  Just ensure if you do use it, you get a bill and pay it.  It won't be scary amounts.

Also ensure you are NOT working - even remotely for a US company - while physically present in the UK.


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Re: UK Residence Permit Expired - How to Renew?
« Reply #8 on: July 19, 2022, 10:50:08 AM »
Thank you for additional info! I found an article saying that 98.5%  of the applications are processed within 12 weeks, but not sure how accurate that is (here's the list in case it's helpful https://immigrationbarrister.co.uk/uk-visa-processing-decision-waiting-times/)

I have an opportunity to get a UK skilled worker visa (which seems to take 3 to 6 weeks) and come to the UK that way and then apply to change it to settlement visa - it looks like that's permitted based on what I'm seeing on uk.gov website - any drawbacks you know of in doing so?

Also, if anyone has done this switch before, what happens if I get suddenly fired while waiting for the family visa to be processed? (Just trying to think of all the risks)

Finally, I'm seeing that there's a super priority service for people that apply for family visas within the UK to get the answer the next business day - the UK website says nothing about the suspension of that service - does it mean that it still works?


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Re: UK Residence Permit Expired - How to Renew?
« Reply #9 on: July 19, 2022, 11:19:08 AM »
Only use .gov website for statistics.  It's the only legit source.

Skilled worker visa is definitely an option.  Only drawback is back to back costs, but I would imagine your employer would pay for it.  Do they have a sponsorship license?  If so, shouldn't be a big deal. 

The drawback would be that you are tied to your employer and NOT your spouse.  So yes, if you lost your job you would lose your visa.  BUT you have a few weeks to apply for a different visa, so in your case you could then switch back to the family path.

The priority service INSIDE the UK is still running (was suspended briefly).  Sadly you do not qualify to apply that way as your visa expired.  Had you applied prior to your visa expiring, that would have been the best option as you would have been able to travel very shortly after renewal.  You cannot switch to a visa of ANY KIND while INSIDE the UK.  Both the skilled worker and family visa will need to be applied for from a country you have legal residence in (which I is the USA if you have a US passport).  You are currently under a tourist/visitor visa in the UK and are not a legal resident of the UK. 


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UK Residence Permit Expired - How to Renew?
« Reply #10 on: July 19, 2022, 11:29:11 AM »
Thank you for additional info! I found an article saying that 98.5%  of the applications are processed within 12 weeks, but not sure how accurate that is (here's the list in case it's helpful https://immigrationbarrister.co.uk/uk-visa-processing-decision-waiting-times/)

Until March/April 2022, the processing standards times for settlement visas were that UKVI aimed for:
- 95% of settlement visa applications processed in 12 weeks
-100% processed in 24 weeks

However, in April 2022, applicants here on the forum were emailed by UKVI to say that because of Ukraine applications being prioritised, 95% of settlement applications were now being processed in 24 weeks instead of 12 weeks.

From the UKVI website:



And from Migrate:



Quote
I have an opportunity to get a UK skilled worker visa (which seems to take 3 to 6 weeks) and come to the UK that way and then apply to change it to settlement visa - it looks like that's permitted based on what I'm seeing on uk.gov website - any drawbacks you know of in doing so?

If you have a job offer from a UK employer who can sponsor you for a visa, you can do that, but bear in mind that it’s currently taking up to 6 weeks for employer applications for Sponsorship Certificates to be processed… which you need to have before you can apply (it will cost the employer £199 to apply for this for you).

Also, if the employer is not currently a registered sponsor they will have to apply to become one, which costs either £536 or £1476 depending on company size and can take up to 2 months to be processed.

Quote
Also, if anyone has done this switch before, what happens if I get suddenly fired while waiting for the family visa to be processed? (Just trying to think of all the risks)

If you already have an spousal application pending, it shouldn’t affect anything… you can stay in the UK while you are waiting for it to be processed.

If you were to lose the job before applying to switch, your work visa will be curtailed and you will be given about 14 days to either apply for a different visa (I.e. the spousal visa) or leave the UK.

Quote
Finally, I'm seeing that there's a super priority service for people that apply for family visas within the UK to get the answer the next business day - the UK website says nothing about the suspension of that service - does it mean that it still works?

Yes, the Super Priority service is still available, though you can only use it if switching from a Skilled Worker visa to a spousal FLR visa as you can’t switch from a visitor visa.

The priority slots are limited due to the higher numbers of Ukraine applications. To get one, you need to submit the application at about 1am when they release new slots, and just keep trying each night until you get one.



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« Last Edit: July 19, 2022, 11:40:14 AM by ksand24 »


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Re: UK Residence Permit Expired - How to Renew?
« Reply #11 on: July 19, 2022, 11:37:24 AM »
Only use .gov website for statistics.  It's the only legit source.

Skilled worker visa is definitely an option.  Only drawback is back to back costs, but I would imagine your employer would pay for it.  Do they have a sponsorship license?  If so, shouldn't be a big deal. 

The drawback would be that you are tied to your employer and NOT your spouse.  So yes, if you lost your job you would lose your visa.  BUT you have a few weeks to apply for a different visa, so in your case you could then switch back to the family path.

The priority service INSIDE the UK is still running (was suspended briefly).  Sadly you do not qualify to apply that way as your visa expired.  Had you applied prior to your visa expiring, that would have been the best option as you would have been able to travel very shortly after renewal.  You cannot switch to a visa of ANY KIND while INSIDE the UK.  Both the skilled worker and family visa will need to be applied for from a country you have legal residence in (which I is the USA if you have a US passport).  You are currently under a tourist/visitor visa in the UK and are not a legal resident of the UK.

Just to confirm, if I go back to the US, apply for a skilled worker visa through my employer (which takes about 6 weeks), come to the UK on a skilled worker visa and apply to switch within the UK to spousal FLR visa using Super Priority Service while still staying in the UK - that's a viable path?


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Re: UK Residence Permit Expired - How to Renew?
« Reply #12 on: July 19, 2022, 11:41:51 AM »
Just to confirm, if I go back to the US, apply for a skilled worker visa through my employer (which takes about 6 weeks), come to the UK on a skilled worker visa and apply to switch within the UK to spousal FLR visa using Super Priority Service while still staying in the UK - that's a viable path?
Yes, that’s fine.

It’s actually what UKVI recommend people do if their UK sponsor cannot meet the financial requirement - they suggest that the applicant gets a work visa and then switches to FLR once they can meet the financial requirement.


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