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Topic: Spouse Visa - 2nd renewal - Indefinite leave to remain  (Read 2453 times)

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Spouse Visa - 2nd renewal - Indefinite leave to remain
« on: August 31, 2020, 11:22:39 PM »
Hi!

I'm back in my favorite forum as my 2nd spouse visa renewal is coming up. My current spouse visa expires in March 2021 (in 6 months).

With that, is it too early to start putting the application together? I think I had read I can get the renewal going within 6 months of expiry of the current visa.

Also, I think I'm now supposed to apply for the Indefinite Leave to Remain visa. The application asks for how long I've lived in the UK. By logic, at the time of the application, I wouldn't have lived in the UK for 5 years just yet as I have apply before the current visa expires which would coincide with the 5 year mark of my residency in the UK. So am I supposed to put how long I've in the UK at the time of the application (e.g, 4 years 7 months) or 5 years since ILR is only granted after 5 years?...

Thank you as always!


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Re: Spouse Visa - 2nd renewal - Indefinite leave to remain
« Reply #1 on: August 31, 2020, 11:40:44 PM »
It looks like you arrived in Jan 2016 from past posts?

You can apply for ILR from 28 days before you reach 5 years of residency until your current visa expires.

Its worth reviewing what you'll need for the visa now just to make sure you'll have it, but all of the financial evidence has to be dated within 28 days of the application.


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Re: Spouse Visa - 2nd renewal - Indefinite leave to remain
« Reply #2 on: September 01, 2020, 08:15:09 AM »
Thank you for the info.

It looks like I have to take the life in the UK test first. So I’ll get that organised.

Thank you!


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Re: Spouse Visa - 2nd renewal - Indefinite leave to remain
« Reply #3 on: September 01, 2020, 09:41:23 AM »
Thank you for the info.

It looks like I have to take the life in the UK test first. So I’ll get that organised.

Thank you!

Yes, the Life in the UK test is a requirement for both ILR and UK citizenship - the pass certificate never expires, so you only need to take it once.

The test can be taken at any time, as long as it has been passed before you apply for ILR (i..e you could have taken it back in 2016 if you wanted).


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Re: Spouse Visa - 2nd renewal - Indefinite leave to remain
« Reply #4 on: September 01, 2020, 01:59:45 PM »
Looking through the documents request list, it looks like there are less items to submit for the ILR application than what I needed to submit the last time for the spouse visa renewal (e.g., school letter for our children to confirm their attendance, photos of my husband and I to confirm we've been together, etc.). Is that the case or am I missing something? I wanted to get on with getting all the relevant documents at least listed so that I can start collecting them closer to the date.

Thank you!


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Re: Spouse Visa - 2nd renewal - Indefinite leave to remain
« Reply #5 on: September 01, 2020, 02:07:31 PM »
Looking through the documents request list, it looks like there are less items to submit for the ILR application than what I needed to submit the last time for the spouse visa renewal (e.g., school letter for our children to confirm their attendance, photos of my husband and I to confirm we've been together, etc.). Is that the case or am I missing something? I wanted to get on with getting all the relevant documents at least listed so that I can start collecting them closer to the date.

Thank you!

No, the document list is exactly the same for ILR, except this time you include cohabitation mail from 2.5 years (not 2 years) and also you have to pass the life in the UK test.

You MUST still include the following documents for your children:
- childrens' passports
- childrens' birth certificate
- letter(s) dated in the last 3 months confirming each child's address (usually obtained from their school or GP)

These have been required for ILR for longer than they have been required for FLR(M), it's just that the online application  is badly designed and does not give you a full, complete document list. Someone applied a few months ago without sending letters for the children, because the document list didn't mention them, and UKVI had to contact her to ask her to send them.

You do not need photos of you and your husband for ILR, and you didn't actually need them for FLR(M) either. Photos are only required for the initial fiance or spousal visa application made in the US.

For FLR(M) and ILR you include:
- marriage certificate
- 6 items of correspondence in each name, evenly spread over the last 2.5 years (2 years for FLR), from at least 3 official sources... to prove you have been living together.
« Last Edit: September 01, 2020, 02:09:52 PM by ksand24 »


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Re: Spouse Visa - 2nd renewal - Indefinite leave to remain
« Reply #6 on: December 08, 2020, 01:32:09 PM »
Thank you for the information.

So I arrived in the UK in December of 2015 but my BRP expires in mi-March 2021. I have my Life in the UK test scheduled for late January - so I'm hoping I can apply straight afterwards and not wait until mid-February. It sounds like this is possible?

Thank you!







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Re: Spouse Visa - 2nd renewal - Indefinite leave to remain
« Reply #7 on: December 08, 2020, 02:08:29 PM »
Thank you for the information.

So I arrived in the UK in December of 2015 but my BRP expires in mi-March 2021. I have my Life in the UK test scheduled for late January - so I'm hoping I can apply straight afterwards and not wait until mid-February. It sounds like this is possible?

Thank you!

Yes, you can apply as soon as you have passed the Life in the UK test and you have all your documents ready.

The earliest you can apply is 28 days before you reach 5 years in the UK... so your window to apply will be:
Sometime in November 2020 up to mid-March 2021.


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Re: Spouse Visa - 2nd renewal - Indefinite leave to remain
« Reply #8 on: January 03, 2021, 12:20:14 AM »
Hello!

I've now taken the Life in the UK test and thankfully passed. So I'm getting ready to apply for the Indefinite Leave to Remain and would really appreciate if someone can help me with the below questions:


* 6 forms of correspondence: I obtained my last spouse visa on 31 August 2018, and my current visa expires in mid-March 2021 (first spouse visa issued in December 2015). I plan to apply for the IDLR this month in January 2021. With that, my plan is to provide the correspondences in the following intervals. Does this work or do I work backwards from more recent time like December 2020 and work backwards every 5 months?....
o   September 2018
o   February 2019
o   July 2019
o   December 2019
o   May 2020
o   October 2020

* Proof of my children’s address – GP said they’ll charge £25 for each letter to be addressed to my children which sounds absurd…is this common?....!!!
o   In any case, can I obtain letters from my children’s schools addressed to me and my husband at our address to confirm they’re registered with their schools instead of the GP letters?
o   Do the letters need to be addressed to my children instead?

* University transcript
o   Can this be an e-transcript obtained from the university’s official link or does it absolutely have to be a paper transcript? I already have the original diploma with the Apostille stamp which I had provided in the first spouse visa application….

* Employment letter
o   While I’m fully employed, my husband’s income is sufficient to support me. If so, do I provide the employment letter just for my husband or also for myself? The last time I applied for the spouse visa renewal, I only provided my husband’s employment letter (and not mine)

* Passport photos
o   It’s not on the list of documents but assume I need to provide 2?
o   Also not listed but do I need to provide my husband’s passport photos, too, & with his name on the back?

* Passports
o   Do I need to provide all the passports for my husband and my children (my children are already UK citizens – so they’re not part of my application)
o   Do I need to provide a full copy of every single page of my husband’s UK & US passports?....

* Declaration by partner
o   It says it has to be submitted to the Home office with my (applicant’s) documents – just to confirm, I would provide this along with all my other documents at the appointment and not have to send into Home Office earlier…

* How long is it taking to get the IDLR these days?

Thank you so much!


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Spouse Visa - 2nd renewal - Indefinite leave to remain
« Reply #9 on: January 03, 2021, 02:43:33 AM »
Just to note, so there is no confusion: the visa you are applying for is ILR, not IDLR.

* 6 forms of correspondence: I obtained my last spouse visa on 31 August 2018, and my current visa expires in mid-March 2021 (first spouse visa issued in December 2015). I plan to apply for the IDLR this month in January 2021. With that, my plan is to provide the correspondences in the following intervals. Does this work or do I work backwards from more recent time like December 2020 and work backwards every 5 months?....
o   September 2018
o   February 2019
o   July 2019
o   December 2019
o   May 2020
o   October 2020

You have to cover the last 2.5 years, ending with when you apply for ILR.

So for you, those 2.5 years will be June 2018 to December 2020, and so you’ll need mail from the following months:

June 2018
November 2018
April 2019
September 2019
February 2020
July 2020
December 2020

Quote
* Proof of my children’s address – GP said they’ll charge £25 for each letter to be addressed to my children which sounds absurd…is this common?....!!!
o   In any case, can I obtain letters from my children’s schools addressed to me and my husband at our address to confirm they’re registered with their schools instead of the GP letters?
o   Do the letters need to be addressed to my children instead?

Yes, it is normal for GPs to charge £25 for a letter. If you can get letters for free from their schools, that’s good, otherwise you’ll need to pay for the GP letters.

The letters do not need to be addressed to the children, they just need to confirm their address.

Quote
* University transcript
o   Can this be an e-transcript obtained from the university’s official link or does it absolutely have to be a paper transcript? I already have the original diploma with the Apostille stamp which I had provided in the first spouse visa application….

The requirements are the same for each visa, so if this is for the English Language Requirement, you will need the original paper transcript, which you will scan and upload along with the rest of your documents.

Quote
* Employment letter
o   While I’m fully employed, my husband’s income is sufficient to support me. If so, do I provide the employment letter just for my husband or also for myself? The last time I applied for the spouse visa renewal, I only provided my husband’s employment letter (and not mine)

The requirements are the same as for the spousal visa and FLR(M), so if you are using your husband’s income again, you only need an employment letter from your husband’s employer, along with your husband’s payslips and bank statements (plus his job contract and latest P60 if you have them).

You do not need to provide any of your employment details or evidence.

Quote
* Passport photos
o   It’s not on the list of documents but assume I need to provide 2?
o   Also not listed but do I need to provide my husband’s passport photos, too, & with his name on the back?

Nope, you do not need to provide any passport photos for FLR(M) or ILR anymore.

They got rid of that requirement not long after you applied for FLR(M).

Quote
* Passports
o   Do I need to provide all the passports for my husband and my children (my children are already UK citizens – so they’re not part of my application)
o   Do I need to provide a full copy of every single page of my husband’s UK & US passports?....

You must upload a full scan of every single page of:
- your current passport
- any other passports you have held since moving to the U.K. in 2015
- your husband’s U.K. passport
- each child’s U.K. passport

You will also need to scan the following:
- your BRP card
- each child’s birth certificate
- the letters from your childrens’ GP or school

Quote
* Declaration by partner
o   It says it has to be submitted to the Home office with my (applicant’s) documents – just to confirm, I would provide this along with all my other documents at the appointment and not have to send into Home Office earlier…

The declarations are part of the online application, so when you apply online, you sign the following and upload them along with your other documents:

- Sponsor declaration (signed by your husband)

- Consent to Checks forms (Part 1 signed by you, and Part 2 signed your husband and any third party whose name is listed on any documents you are providing... such as bills, bank statements etc.)

No documents are mailed to the Home Office anymore... everything is scanned and uploaded before you give biometrics (including your passport and BRP)... or your can pay £50 extra for the Document Scanning service when you book the biometrics appointment and they will scan and upload the documents for you at the appointment.

Quote
* How long is it taking to get the IDLR these days?

The processing time for ILR is up to 6 months, and it is likely to take the full 6 months, due to Covid delays.

There is normally a 24-hour Super Priority service available for £800 but this was suspended due to Covid several months ago and we don’t know when it will be available again.

If it is available when you apply, you should be given the option to purchase it at the end of the online application when you pay for the visa... if there’s no option to purchase it, it means it is not currently being offered.


Sent from my iPhone using Tapatalk
« Last Edit: January 03, 2021, 02:48:03 AM by ksand24 »


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Re: Spouse Visa - 2nd renewal - Indefinite leave to remain
« Reply #10 on: January 03, 2021, 02:31:52 PM »
Thank you so much, ksand! Always so helpful.

On the ILR processing time, if my visa expires in mid-March but will take 6 months to process, what happens to the period after my visa expires until I get the ILR? I won’t have a valid BRP/visa and imagine I wouldn’t be able to travel during that time?...

On the documents, after I scan, do I bring the whole set of originals to the appointment like I did the last time?

Thank you so much!


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Re: Spouse Visa - 2nd renewal - Indefinite leave to remain
« Reply #11 on: January 03, 2021, 02:56:46 PM »
On the ILR processing time, if my visa expires in mid-March but will take 6 months to process, what happens to the period after my visa expires until I get the ILR? I won’t have a valid BRP/visa and imagine I wouldn’t be able to travel during that time?...

No, you won't be able to travel while your visa is processing, unfortunately.

If your current BRP expires while your ILR application is processing, as long as you applied online before the visa expiry date, your immigration status and right to work in the UK will be automatically extended under Section 3C Leave until the ILR is issued.

So, you can continue to live and work in the UK as normal until you get the new visa. However, Section 3C Leave is only valid while you REMAIN inside the UK... so if you were to leave before you got your ILR, your immigration status would immediately become invalid, and you would lose the right to live in the UK. This means that if you left the UK, you would not be allowed back in because you would no longer have a valid visa, which would also invalidate your ILR application.

So, in that case, you would have to return to your home country and apply for a whole new spousal visa, which would reset the entire 5 years to ILR and you would have to start all over again with all the visas (so it would take another 5 years to qualify for ILR).

See here for more information about Section 3C Leave:
https://www.gov.uk/government/publications/3c-and-3d-leave

Quote
On the documents, after I scan, do I bring the whole set of originals to the appointment like I did the last time?

They should have all your documents uploaded in the system already, but I would take them all to the appointment with you anyway, just in case something didn't upload properly and they have to re-scan it at the appointment.


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Re: Spouse Visa - 2nd renewal - Indefinite leave to remain
« Reply #12 on: January 03, 2021, 03:08:29 PM »
Thank you, ksand. In this COVID environment, not traveling for 6 months seem ok other than in case of emergency....that's the only thing I really worry about....

Separately, in terms of the employment / finance support details, I did use my husband's income last time but it's easier for me to use mine as I have better access to the information required (and my income alone can support the financial requirement).

Would there be any issues doing so? Is there a preference to use the partner / UK citizen's income instead?

Thank you!


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Re: Spouse Visa - 2nd renewal - Indefinite leave to remain
« Reply #13 on: January 03, 2021, 03:35:14 PM »
Thank you, ksand. In this COVID environment, not traveling for 6 months seem ok other than in case of emergency....that's the only thing I really worry about....

If there's a really urgent family emergency, it may be possible to get the application expedited under compassionate circumstances, by either contacting UKVI or going through your local MP, but that still could take a bit of time. What you shouldn't attempt to do though is try to leave without getting the ILR first.

Quote
Separately, in terms of the employment / finance support details, I did use my husband's income last time but it's easier for me to use mine as I have better access to the information required (and my income alone can support the financial requirement).

Would there be any issues doing so? Is there a preference to use the partner / UK citizen's income instead?

Nope. No issues at all. They just need to see that one of you meets the requirements, it doesn't matter who.

Since you have the right to work in the UK, you can either use:
- your income only if it meets the requirements on its own
or
- your partner's income only if it meets the requirements on its own
or
- both your incomes combined if neither of you can meet the requirement on your own

You just need to provide the employment details and required financial documents of the income that you are using... so if that's your income, you fill out your employment details on the application and provide your payslips, bank statements, employer letter etc.

And you leave your partner's employment details completely blank and do not provide any financial documents for them.


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Re: Spouse Visa - 2nd renewal - Indefinite leave to remain
« Reply #14 on: January 03, 2021, 03:50:28 PM »
Thank you! That's comforting to know about the possibility for emergency travels.

About to submit the application and wasn't planning to tick the below as I'm planning to provide the diploma that has the apostle stamp and the official transcript I had obtained the last time for my English language proof but it won't let me submit it without ticking this off. I don't remember ever having to provide a NARIC letter before as I have a degree from a US university... What is this letter referring to?

NARIC letter that confirms the qualification meets or exceeds the recognised standard of a Bachelor's or Masters degree or PhD in the UK AND confirm the level of English to which the degree was taught or researched

Thank you!


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