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Topic: Getting ready to apply for spouse visa extension - any advice?  (Read 1660 times)

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My spouse visa is due to expire in November, so I'm starting to get my things together for applying for extension. What sort of things should I be prepared for, applying within the UK? Many thanks in advance for what I know will be very sound advice!

A little about my immigration history:
I moved to the UK in September 2008 on a student visa for 4 years, I then got a new student visa in August 2012 for 1.5 years. I then got a work visa in January 2014 for 2 years and then finally my spouse visa in February 2017. As far as I can tell, please correct me if I'm wrong, I won't be able to apply for ILR until 2022 due to my mixed visa history.

Regarding the online application from within the UK:
How different is the process to the initial spouse visa application from outside the UK? Will there be cover letters and sponsor letters and all that stuff to worry about?

Regarding when to apply:
I've read a few things on this, and I have also noticed that the online application must be submitted within 10 days of starting it, so that will be something to bear in mind. So the things I've read are:
  • when I initially got my visa I thought I would be able to apply no more than 2 months prior to the expiration date
  • on an international service website thing, I read that "you can only apply for an extension once you have held your visa for two years and six months," which is 3 months prior to expiration
  • under general immigration enquiries on Quora, I read that "UK Visas & Immigration recommend that any application to extend should be made no earlier than 28 days before the visa expiry date," with the caveat that this could effect any future application for ILR
What's the best route?

Regarding documentation:
  • Being a Yankee, as we say, I of course meet the language requirement - I assume this is typically ticked off by merit of my passport?
  • My husband and I meet the financial requirement. I assume for the financial requirement it'll be much the same to what we provided on the previous go around with our pay slips and bank statements?
  • My husband is British, will we need to provide his birth certificate or something like that to show he's not an immigrant? My memory of the last application fails me.
  • Proof of our continued relationship - what will this come in the form of now? Do we need to include the marriage certificate again, or is that covered off by our initial application? I understand we can use cohabitation as proof, what's best to use here? We have both our names on our previous tenancy agreements, as well as all our mortgage documents. I can't remember if our bills show both names on them simultaneously, but separately they do show the same address at the same time, will that suffice? Do we also need pictures and things like that, or is that overkill for an extension? How much should I include?
  • Anything I've missed?
2008-2013 Tier 4 (General)
2014-2016 Tier 2 (General)
2017-2019 Spouse
2019-2021 FLR (M)
As of May 2021 SET(LR)
Next step... citizenship! I've just been a bit lazy...


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Re: Getting ready to apply for spouse visa extension - any advice?
« Reply #1 on: August 07, 2019, 11:18:20 AM »
My spouse visa is due to expire in November, so I'm starting to get my things together for applying for extension. What sort of things should I be prepared for, applying within the UK? Many thanks in advance for what I know will be very sound advice!

A little about my immigration history:
I moved to the UK in September 2008 on a student visa for 4 years, I then got a new student visa in August 2012 for 1.5 years. I then got a work visa in January 2014 for 2 years and then finally my spouse visa in February 2017. As far as I can tell, please correct me if I'm wrong, I won't be able to apply for ILR until 2022 due to my mixed visa history.


Have you been living in the UK continuously for 10 years, legally with no breaks in your residency? If so, you will be able to apply for ILR on the basis of long residence.

https://www.gov.uk/long-residence


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Re: Getting ready to apply for spouse visa extension - any advice?
« Reply #2 on: August 07, 2019, 11:29:59 AM »
Have you been living in the UK continuously for 10 years, legally with no breaks in your residency?

Huh... I had been under the impression that student visas didn't count, but I guess that's only for ILR??

As far as I can tell, I haven't been out of the UK for more than 61 days at a time, and I've been out of the UK 523 total, with no plans for international travel as of right now (day of exiting UK and day of departing foreign country don't count, right? And how do I count overlapping - like for visiting the US I leave on the 1st, but arrive in the UK on the 2nd?).

I'll have my husband double check everything from when I first knew him, but I did unfortunately had an incident between my two student visas in which my mom's puppy ate my passport, so I don't have exact dates for anything before then - would estimates even work?
« Last Edit: August 07, 2019, 11:41:56 AM by kastraver »
2008-2013 Tier 4 (General)
2014-2016 Tier 2 (General)
2017-2019 Spouse
2019-2021 FLR (M)
As of May 2021 SET(LR)
Next step... citizenship! I've just been a bit lazy...


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Re: Getting ready to apply for spouse visa extension - any advice?
« Reply #3 on: August 07, 2019, 11:37:33 AM »
my mom's puppy ate my passport

I notice I'll need to provide this previous passport, which I do have all the remnants of in a plastic bag and the only thing the puppy couldn't tear through was the old student visa. What would the situation be with this?
2008-2013 Tier 4 (General)
2014-2016 Tier 2 (General)
2017-2019 Spouse
2019-2021 FLR (M)
As of May 2021 SET(LR)
Next step... citizenship! I've just been a bit lazy...


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Re: Getting ready to apply for spouse visa extension - any advice?
« Reply #5 on: August 07, 2019, 01:37:00 PM »
Exactly as Larabee said, if you haven't had any gaps in visas, you quality to apply for Indefinite Leave to Remain now and don't need to apply for an extension.  Is that the case?  Or did you have any breaks where you returned to the USA to apply for new visas?

You will need to take the Life in the UK test.

If an old passport is lost or destroyed, you just state so.  You don't have to prove it.  ;)


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Re: Getting ready to apply for spouse visa extension - any advice?
« Reply #6 on: August 07, 2019, 03:25:47 PM »
Or did you have any breaks where you returned to the USA to apply for new visas?

I did leave the UK between my student visas and between my work and spouse visas, but I think that's okay as none of these stays were over 6 months and on page 14 of the doc Larabee shared it shows this example:

Quote
Example 2
An applicant:
  • enters the UK on 1 September 2004 with entry clearance as a student which is valid until 31 October 2005
  • leaves the UK on 25 October 2005, before their previous leave expired
  • re-enters the UK with valid entry clearance as a student on 5 January 2006
The person had valid leave on the date of their departure and on the date of their return to the UK, and the time spent outside the UK was less than 6 months. Continuous residence has been maintained, even though the person entered the UKwith a fresh grant of leave.

As for the exact Immigration Rules on this section, it's very long and complex for someone like me with no background in legalese ::), but I do see that in 276A (a) it says "provided that the applicant in question has existing limited leave to enter or remain upon their departure and return," which to me suggests they don't need to touch/overlap, but they do need to exist upon exit and entry. What are your thoughts?

Immigration Rules link where I was looking: https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-7-other-categories#pt7longresidence

Also! In case this has any impact - I did get a work visa renewal application rejected - basically my initial work visa was a mistake on the part of the home office, we had no idea my company didn't file the proper paperwork for hiring a US citizen. This was why I had to leave the UK between those visas, because we couldn't sort the spouse visa in time for the expiration of my work visa and I really didn't want to overstay my welcome!
2008-2013 Tier 4 (General)
2014-2016 Tier 2 (General)
2017-2019 Spouse
2019-2021 FLR (M)
As of May 2021 SET(LR)
Next step... citizenship! I've just been a bit lazy...


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Re: Getting ready to apply for spouse visa extension - any advice?
« Reply #7 on: September 02, 2019, 11:07:37 PM »
Update! I booked my life in the UK test and it is in a day's time.

Plot twist! I decided to do a little deep dive of my destroyed passport and totally forgot I had gone back to the US for a couple spring breaks, so from what I can tell cobbling things together, my long residence opportunity is kaput until probably next summer.

From what I've read, the LITUK test doesn't expire, so it's fine for me to take it now. I suppose I now also need to get down and dirty with my spouse extension as the evidence part is quite tedious, I presume? What am I looking at for evidence, very similar to the first app?
2008-2013 Tier 4 (General)
2014-2016 Tier 2 (General)
2017-2019 Spouse
2019-2021 FLR (M)
As of May 2021 SET(LR)
Next step... citizenship! I've just been a bit lazy...


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Re: Getting ready to apply for spouse visa extension - any advice?
« Reply #8 on: September 03, 2019, 06:58:03 AM »
Update! I booked my life in the UK test and it is in a day's time.

Plot twist! I decided to do a little deep dive of my destroyed passport and totally forgot I had gone back to the US for a couple spring breaks, so from what I can tell cobbling things together, my long residence opportunity is kaput until probably next summer.

From what I've read, the LITUK test doesn't expire, so it's fine for me to take it now. I suppose I now also need to get down and dirty with my spouse extension as the evidence part is quite tedious, I presume? What am I looking at for evidence, very similar to the first app?

Yes, the life in the UK test does not expire so you're good to take it now. Keep the pass certificate safe though, they don't provide replacements.

The evidence is very similar. You need to prove finances and accommodation as before. For the relationship evidence, in addition to your marriage (and any divorce) certificate you need to provide 6 joint or 12 individual or a combination of both of items of official mail from at least 3 official sources spread  evenly over the last 2 years.


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Re: Getting ready to apply for spouse visa extension - any advice?
« Reply #9 on: September 03, 2019, 10:41:56 AM »
Hi, sorry that I'm jumping onto this thread but I'm on a similar timeline in terms of my visas and application.

What I'm wondering is what to do if I can't find enough pieces of mail that can be spread out evenly. We didn't realise this was what would used as evidence of our relationship until very recently and we didn't really opt to receive our bills via mail (instead opted for online to save paper). We've found about 8 pieces of mail that comes from a mixture of being in both of our names or individual. They're not spaced out completely evenly but have done the best we can. Will this be enough or will it create a huge problem if we don't have 12 pieces of mail?

If my visa is expiring on 26/10 should I wait until October to apply or should I apply for my extension now? I'm planning on doing this via mail (is UPS okay? ??? I can't find which service I need to use when i'm applying from within the UK) instead of priority service as the additional fee for that seems outrageous and potentially unhelpful. I've read that a lot of people have had a hard time booking for an appointment at the priority centre and/or have had to wait a long time for their documents to be returned to them. Any advice about this? Is it worth the money to do priority service, as in, do you think it helps the process go smoother than if we mail them in?

Thanks and sorry again for squeezing myself in to this thread.


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Re: Getting ready to apply for spouse visa extension - any advice?
« Reply #10 on: September 03, 2019, 11:27:26 AM »
What I'm wondering is what to do if I can't find enough pieces of mail that can be spread out evenly. We didn't realise this was what would used as evidence of our relationship until very recently and we didn't really opt to receive our bills via mail (instead opted for online to save paper). We've found about 8 pieces of mail that comes from a mixture of being in both of our names or individual. They're not spaced out completely evenly but have done the best we can. Will this be enough or will it create a huge problem if we don't have 12 pieces of mail?

You don't necessarily need 12 pieces of mail, you just need 6 in each name... so you can use a combination of joint and separate mail.

For example, you could use:
- 6 joint documents
- 12 separate documents
- a mixture of both, for example: 2 joint and 8 separate (4 in each name), or 5 joint and 2 separate (1 in each name), or 3 joint and 6 separate (3 in each name).

They also need to be evenly-spread over the last 2 years, so that you have one in each name every 4 months. And if you are using separate documents for one month, they should be dated as close together as possible (i.e. within a few days/couple of weeks of each other).

They must also be from at least 3 separate sources.

So as an example, you might use:
Sept 2017
1, joint water bill (source 1)

Jan 2018
2. joint electricity bill (source 2)

May 2018
3. bank statement in applicant's name (source 3)
3. NHS letter in sponsor's name (source 4)

Sept 2018
4. joint water bill

Jan 2018
5. bank statement in applicant's name
5. bank statement in sponsor's name

May 2018
6. letter from HMRC in applicant's name (source 5)
6. bank statement in sponsor's name

If you are unable to provide 6 items in each name, or they are not evenly spaced, or you do not have enough sources, you need to write an explanation for why you cannot provide them.

Quote
If my visa is expiring on 26/10 should I wait until October to apply or should I apply for my extension now?

What type of visa do you have (spousal visa or FLR(M))?
- If it's a spousal visa, when did you enter the UK for the first time using it? The earliest you can apply is 28 days before you reach 30 months in the UK.
- If it's FLR(M), then the earliest you can apply is 28 days before it expires... which I believe would be 28th September

Quote
I'm planning on doing this via mail (is UPS okay? ??? I can't find which service I need to use when i'm applying from within the UK) instead of priority service as the additional fee for that seems outrageous and potentially unhelpful.

I don't believe you can apply by mail anymore. There's a whole new system now, where you apply online, upload your documents, and then you make an appointment with Sopra Steria to attend your biometrics and submit your application.

These biometrics appointments are either free, or you can pay extra for certain days/hours (£100 I think), or you can pay extra for a document check (around £100), or you can pay £800 extra for a 24-hour decision (though they don't always manage to do it in 24 hours).


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Re: Getting ready to apply for spouse visa extension - any advice?
« Reply #11 on: September 03, 2019, 12:54:16 PM »
I'm planning on doing this via mail (is UPS okay? ??? I can't find which service I need to use when i'm applying from within the UK) instead of priority service as the additional fee for that seems outrageous and potentially unhelpful. I've read that a lot of people have had a hard time booking for an appointment at the priority centre and/or have had to wait a long time for their documents to be returned to them. Any advice about this? Is it worth the money to do priority service, as in, do you think it helps the process go smoother than if we mail them in?

There is no more mail in option. I just successfully applied for FLR and the only option is to submit the application online, upload your documents (or pay for them to be uploaded at the appoinment), and then attend your biometric appointment at Sopra Steria.

I would warn that it takes a very long time to get a free appointment. When I applied it was over a month until I could get a free appointment. I ended up paying the additional 60 pounds to get one that was two weeks away. The appointments are not always close to where you live either, in case you do not have a car. That is not to weigh you down with worries,  but just things I wish I had known going in.

You can pay the extra 800 pounds - on top of the appointment fee cost - for a 24 hour decision, but I personally dont want to give them even more money. You are already in the UK now so it doesn't really matter how long it takes. I received my visa in hand exactly 6 weeks after applying on a standard application.


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Re: Getting ready to apply for spouse visa extension - any advice?
« Reply #12 on: September 03, 2019, 01:19:23 PM »
That's so very helpful! Thank you both for your responses.

I arrived in the UK 25th February 2017. My BRP card says that my visa will expire 26th October 2019. I'm on the 5 year route for ILR so am applying for an extension at the moment- FLR(M) if I'm not mistaken. I guess that means I can apply now if I'd like to?

Does that mean that I will need to submit my passport and BRP card in person? Will I need to submit new passport sized photos like before or will they simply use the photo that is taken at the biometric appointment? Again, I can't seem to find a confirmation about this anywhere on the government website. They really like to make this easy for people don't they?  ::)

Thank you again!


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Re: Getting ready to apply for spouse visa extension - any advice?
« Reply #13 on: September 03, 2019, 01:36:26 PM »
I arrived in the UK 25th February 2017. My BRP card says that my visa will expire 26th October 2019. I'm on the 5 year route for ILR so am applying for an extension at the moment- FLR(M) if I'm not mistaken. I guess that means I can apply now if I'd like to?

Yes, you reached 30 months on 25th August, so you became eligible to apply on 28th July. Which means you can apply any time from now up until 26th October.

Quote
Does that mean that I will need to submit my passport and BRP card in person? Will I need to submit new passport sized photos like before or will they simply use the photo that is taken at the biometric appointment? Again, I can't seem to find a confirmation about this anywhere on the government website. They really like to make this easy for people don't they?  ::)

Passport photos are no longer needed.

I have a feeling that you scan and upload your passport and BRP for the application, so while you need to take them to the appointment for ID purposes, I don't think you need to submit them... I could be wrong about that though.

I think the reason it's difficult to find the information now is because you are told what you need to send and do as part of the online application... which you won't see until you're filling it out (and which we can't see either)!

The online form is here:
https://www.gov.uk/government/publications/apply-to-extend-stay-in-the-uk-as-a-partner-or-dependent-child-form-flrm

And you can have a look on the UKVCAS site to see if there's any more info, but I think most of it is on the online form:
https://www.ukvcas.co.uk/home-internal


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Re: Getting ready to apply for spouse visa extension - any advice?
« Reply #14 on: September 10, 2019, 12:55:49 PM »
Thank you again for all of your help!
My husband and I have run into another little problem. Lloyd's bank has provided us with my husband's 6 month bank statements but only the first page has the bank's stationary and stamp. They refused to stamp any of the other pages and said this is how they print them out and would not print the rest on stationary paper. We had to wait 11 working days for them to do this! Will this be good enough? According to appendix FM bank statements must
(v) be:
(1) on official bank stationery; or
(2) electronic bank statements which are either accompanied by a letter from the bank on its headed stationery confirming that the documents are authentic or which bear the official stamp of the issuing bank on every page.

I'm just not sure this satisfies part V1. I don't know what else we can do if Lloyd's refuses to do what we ask of them and we don't want to have to wait another couple of weeks for them to only mess it up again.


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