Extending Spouse Visa within UK

sinavi12 wrote: ↑

Thu Jun 15, 2023 11:51 am

Hello everyone,

I am a UK citizen (through naturalisation) and my wife is an Indian national. My wife came to the UK on spouse visa on 04 June 2021. Her BRP card shows her visa expires on 24 Dec 2023. I have a few questions regarding her visa renewal. I would be grateful if you can help me with these.

1. How early we can apply for her visa renewal as I remember during my Tier 1 Visa extension we can do as early as 3 months? 28 days before completing 30months in UK since initial entry on spouse visa
2. We submitted UK NARIC English Language Proficiency Statement (CEFR level C1) issued on 13 Oct 2020 when we applied for her visa. This document is almost three-year-old now. Is this document still valid? Yes, can be reused
3. Do we need to show any Funds in bank account. No bank account balance not required, you or spouse payslips and account statements of last 6months with income per month over £1,550 will suffice.
4. If someone has already , then please provide document lists or covering letter sample.
5. Can we apply her ILR after this renewed visa expiration (After 5 years)? On spouse route need to complete 60months in UK.

To help with my queries I am including following information:

Visa start date on Passport visa : 24/03/2021
Type: D - Partner (standard)
Date of arrival (first time) in the United Kingdom: 04/06/2021 - she came late due to covid travel restrictions
Date of expiry date on BRP card: 24/12/2023

AmazonianX wrote: ↑

Fri Jun 16, 2023 10:06 am

sinavi12 wrote: ↑

Thu Jun 15, 2023 11:51 am

Hello everyone,

I am a UK citizen (through naturalisation) and my wife is an Indian national. My wife came to the UK on spouse visa on 04 June 2021. Her BRP card shows her visa expires on 24 Dec 2023. I have a few questions regarding her visa renewal. I would be grateful if you can help me with these.

1. How early we can apply for her visa renewal as I remember during my Tier 1 Visa extension we can do as early as 3 months? 28 days before completing 30months in UK since initial entry on spouse visa
2. We submitted UK NARIC English Language Proficiency Statement (CEFR level C1) issued on 13 Oct 2020 when we applied for her visa. This document is almost three-year-old now. Is this document still valid? Yes, can be reused
3. Do we need to show any Funds in bank account. No bank account balance not required, you or spouse payslips and account statements of last 6months with income per month over £1,550 will suffice.
4. If someone has already , then please provide document lists or covering letter sample.
5. Can we apply her ILR after this renewed visa expiration (After 5 years)? On spouse route need to complete 60months in UK.

To help with my queries I am including following information:

Visa start date on Passport visa : 24/03/2021
Type: D - Partner (standard)
Date of arrival (first time) in the United Kingdom: 04/06/2021 - she came late due to covid travel restrictions
Date of expiry date on BRP card: 24/12/2023

I also want to know if 90 Day rule is applicable for FLR (M) on Spouse visa extension as well.
My Wife went to India last year from 23rd Oct 2022 - 19th January 2023 (89 Days) . Before her Visa extension Apply (Date of expiry date on BRP card: 24/12/2023) ,she wants to go to India again in Sep -Nov period . I have few questions
1. Can She visit India again for say 89 day period in this year 2023, As she already spend 19 Days in January 2023 in India So Is it better if she only go for 70 Days this time?

2. Will This Impact here ILR and Citizenship? or does she need another extension before apply.

3. Is there any harm if I apply her extension say 1 week before expiration, Or does it need to be 28days before for safer side.

CR001 wrote: ↑

Mon Jun 19, 2023 10:04 pm

I also want to know if 90 Day rule is applicable for FLR (M) on Spouse visa extension as well.
My Wife went to India last year from 23rd Oct 2022 - 19th January 2023 (89 Days) . Before her Visa extension Apply (Date of expiry date on BRP card: 24/12/2023) ,she wants to go to India again in Sep -Nov period . I have few questions
1. Can She visit India again for say 89 day period in this year 2023, As she already spend 19 Days in January 2023 in India So Is it better if she only go for 70 Days this time?

There is NO absence limit for spouse visa holders.

2. Will This Impact here ILR and Citizenship? or does she need another extension before apply.

ILR and British citizenship are two different/separate applications and each have their own rules and requirements. No absence limit for ILR. Citizenship has absence limits.

3. Is there any harm if I apply her extension say 1 week before expiration, Or does it need to be 28days before for safer side.

No and No.

CR001 wrote: ↑

Mon Jun 19, 2023 10:23 pm

If applying on the basis of being married to a British citizen, it is based on 3 years residence.

1. No more than 270 days absence in the 3 years immediately preceding the date of application.

2. No more than 90 days absence in the 12 months immediately preceding the date of application.

3. The applicant must have been physically in the UK at the start of the 3 year qualifying period on the date of application.

Note that citizenship is not a compulsory application. Your spouse can apply at any time when they they meet the requirements, even if they hold ILR for a few years.

sinavi12 wrote: ↑

Mon Jun 19, 2023 10:50 pm

Hi CR001,

Thanks again for the quick reply, Now rules are very clear to me. Only one doubt remaining as of now
in your point number 3 -
3. The applicant must have been physically in the UK at the start of the 3 year qualifying period on the date of application.
As per below dates, what would be her approximate start of the 3 year qualifying period on the date of application? So I will make sure that she will in UK at that time assuming we will maintain all absences and also apply ILR just after this FLR(M) visa expiration.
--
Visa start date on Passport visa : 24/03/2021
Date of arrival (first time) in the United Kingdom: 04/06/2021 - she came late due to covid travel restrictions
Date of expiry date on BRP card: 24/12/2023
--

Regards,

CR001 wrote: ↑

Mon Jun 19, 2023 10:23 pm

If applying on the basis of being married to a British citizen, it is based on 3 years residence.

1. No more than 270 days absence in the 3 years immediately preceding the date of application.

2. No more than 90 days absence in the 12 months immediately preceding the date of application.

3. The applicant must have been physically in the UK at the start of the 3 year qualifying period on the date of application.

Note that citizenship is not a compulsory application. Your spouse can apply at any time when they they meet the requirements, even if they hold ILR for a few years.