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Topic: New Passport "in the post" and clock on current Visa expiry ticking.  (Read 1610 times)

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Hi, I am a Brit and have the most wonderful American daughter-in-law who married my son in 2015. She had a spouse Visa initially, and had one child in the UK, They left in October 2018 to live in Florida, but it didn’t work out. They returned to the UK in May 2020 on a further Spouse Visa. They are now very well established in the UK meeting all the necessary criteria to remain. They have two children both born in the UK, and a further child due on 5 September.

Having discovered that they can apply now for ILR , and with the spouse Visa running out on 31 August they decided to crack on with things only to discover that her US passport had expired. They attended the embassy to request a new one and apparently this was posted out a week ago, but has not yet arrived.
Technically at this point in time with no passport she is unable to apply for either FLR or ILR, the latter of course being her preference. But the clock is ticking on her current Visa, and she cannot book the necessary life in the UK test until her passport comes back. With the baby due 5 September, and the possibility it could arrive at any time, it is all getting too stressful for words.

Can I please ask the following:

What is the likely lead time on booking the test, and is the result immediate. She is likely to be doing it in Reading. Do you get a choice of dates and locations when applying?

It may be a very unlikely “what if” at present but if her passport does not arrive in time presumably she would have to leave the UK before 31 August when the current visa runs out, even though she has two UK children here at school, and of course by 31 August she will be just five days away from a C-section birth. It is causing a lot of lost sleep! I’m guessing there is no mechanism for seeking a slight agreed overstay because of medical circumstances (imminent birth/too late to fly)?


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I'm no expert here, but I did find this online -  https://www.davidsonmorris.com/spouse-visa-extension/

Perhaps it might apply to your daughter-in-law's situation?  I'm sure others will be able to give you more advice.

Good luck to her!


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Okay, don't panic just yet, as they still have a few weeks before her visa expires, and there may well be some workarounds so that she can still apply for a new visa regardless.

1) I don't think she actually needs her US passport in order to book the Life in the UK test, as she only needs one form of accepted ID,  so she can use either her expired BRP or her e-visa share code to book the test now.

2) I believe it is still possible to apply for ILR using an expired passport... one option is to include the expired passport number on the application and then upload/update the application documents with the new passport information when it arrives. Another is that may be possible for other forms of ID to be used instead to prove citizenship (i.e. birth certificate and other supporting documents). See the section called Can I apply for Indefinite Leave to Remain without a passport? here: https://iasservices.org.uk/ilr-on-an-expired-passport/

Regarding documents needed to book the Life in the UK test (https://www.gov.uk/life-in-the-uk-test):

Book the test
You need all of the following to book a test:
- email address
- debit or credit card
- an accepted form of ID

Accepted forms of ID
You can use one of the following as ID to book the test:
- valid passport
- valid travel document with a photo (you cannot use an emergency travel document)
- biometric residence permit (BRP) or biometric residence card (BRC) - your test must be no later than 18 months after the expiry date printed on the card
- a share code - you’ll need to sign in to your UKVI account


She must take the same ID she used to book the test when she attends the test appointment.

They attended the embassy to request a new one and apparently this was posted out a week ago, but has not yet arrived.

Was it a same-day emergency passport appointment?

Does know how the passport has been posted (Royal Mail, courier etc.), and can she to contact the embassy or relevant postal service for updates on the package?

It's still a few weeks before her visa expires, so there's still time to receive it.

Quote
What is the likely lead time on booking the test, and is the result immediate. She is likely to be doing it in Reading. Do you get a choice of dates and locations when applying?

Not sure what the available booking dates are like at the moment, but when you click on the 'Start Now button to book the test, it says there are optional services she can pay for, such as booking a short notice test, so she can take the test within the next 24 - 72 hours (costs £15.00 extra).

I believe she will have a choice of where to book the test, so she can see what's available.

Once she has passed the test, her Life in the UK account will be updated with her Unique Reference Number (URN) to show she has passed it... she then enters this number on the ILR application form. I assume this

Has she been studying for the test using the official Life in the UK test book, and trying practice tests to get ready for it>

I would say the main concern, rather being able to book the test, is whether or not she is ready to pass it and if she will have enough time to retake the test if she doesn't pass the first time... the rule is that you have to wait 7 days after failing the test before you can book another test. You can take it as many times as you like, but with the 7-day wait to rebook, and the wait between booking and taking the test, the timing can get tight.

I have seen cases though, where people have had to submit their visa application before they were able to pass the test, because they couldn't get an appointment until a few days later... so they applied anyway, without their URN, and then updated their application with the URN after they passed.

But if all else fails and she isn't able to pass it, as long as she gets the application submitted before her visa expires, she will just be issued with another FLR(M) instead of ILR. Which does mean having to apply for ILR again once she has passed, but at least it means she will still have a valid visa to live in the UK.


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I'm no expert here, but I did find this online -  https://www.davidsonmorris.com/spouse-visa-extension/

Perhaps it might apply to your daughter-in-law's situation?  I'm sure others will be able to give you more advice.

From what I can see, this page is just giving information about how to apply for FLR(M) and ILR... which is what the OP is trying to do anyway.


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