Family Visa Extension Questions

Hello! I'm going through the process of extending my partner's visa (family/spousal visa). I'm a bit confused in certain places which influences when I apply and such. Would anyone be able to point me in the right direction of these things? I've not found anything else online that points to my specific situation.

• How does the priority service work? Will we always be offered it? The websites states that only some will have it offered, but this may affect when / how we apply. We can see anything as we have to pay the health surcharge prior and we’re not ready to submit the application yet.

• If applying within the 28 day window prior to the visa expiration, if the decision on the application takes 8 weeks, what will happen when the BRP/visa expires in relation to work? Will my partner be able to continue working until a decision has been issued?

• Are we able to apply any time prior to the BRP/visa expiration (i.e. more than 28 days prior)?

• Follow on to the above question. If we apply well before the BRP/visa expiration, will we be able to leave the country and come back as long as the current BRP/visa are not expired (i.e. we are waiting for the decision and the current visa is valid for the times when we leave the country and come back)?

• For bank statement needed to prove the financial requirements, what is the best way to go about getting them? Can we print them online and submit those? If not and they need to come from the actual bank, what is the best way to get 6 months worth of these verified? Banks usually only do 3 months in the physical location and say we have to wait a longer duration to have them mail them to us.

Thanks!

vern2006 wrote: ↑

Sun Feb 19, 2023 10:59 am

How does the priority service work? Will we always be offered it?

No, it depends if UKVI has enough capacity to offer it and it's very sought after. See indefinite-leave-to-remain/online-appli ... 19920.html

vern2006 wrote: ↑

Sun Feb 19, 2023 10:59 am

If applying within the 28 day window prior to the visa expiration, if the decision on the application takes 8 weeks, what will happen when the BRP/visa expires in relation to work? Will my partner be able to continue working until a decision has been issued?

Yes. If there's a valid application pending which is undecided by the time visa expires, your partner is covered by section 3C, making it a legal stay on the same conditions as their previous leave.

vern2006 wrote: ↑

Sun Feb 19, 2023 10:59 am

Are we able to apply any time prior to the BRP/visa expiration (i.e. more than 28 days prior)?

You can, but as visa is given for 2.5 years (30 months), if you apply too early, you may end up with too much of a gap between visa expiry date and 5 years needed for ILR.

vern2006 wrote: ↑

Sun Feb 19, 2023 10:59 am

Follow on to the above question. If we apply well before the BRP/visa expiration, will we be able to leave the country and come back as long as the current BRP/visa are not expired (i.e. we are waiting for the decision and the current visa is valid for the times when we leave the country and come back)?

No. If you leave the country when application is in progress, application is withdrawn.

34K. Where a decision on an application for permission to stay has not been made and the applicant travels outside the common travel area their application will be treated as withdrawn on the date the applicant left the common travel area.

If you leave the Common Travel Area before the Home Office makes a decision on your immigration application, your application for further leave to remain or indefinite leave to remain will automatically be treated as withdrawn.

vern2006 wrote: ↑

Sun Feb 19, 2023 10:59 am

For bank statement needed to prove the financial requirements, what is the best way to go about getting them? Can we print them online and submit those? If not and they need to come from the actual bank, what is the best way to get 6 months worth of these verified? Banks usually only do 3 months in the physical location and say we have to wait a longer duration to have them mail them to us.

If I remember it correctly, you submit everything online and don't need printed statements.

meself2 wrote: ↑

Sun Feb 19, 2023 11:58 am

You can, but as visa is given for 2.5 years (30 months), if you apply too early, you may end up with too much of a gap between visa expiry date and 5 years needed for ILR.

I don't think we're looking to do ILR in the future (potentially leaving the UK), so based on your statement I can likely apply whenever?

vern2006 wrote: ↑

Mon Feb 27, 2023 2:02 pm

meself2 wrote: ↑

Sun Feb 19, 2023 11:58 am

You can, but as visa is given for 2.5 years (30 months), if you apply too early, you may end up with too much of a gap between visa expiry date and 5 years needed for ILR.

I don't think we're looking to do ILR in the future (potentially leaving the UK), so based on your statement I can likely apply whenever?

Just wondering why the hurry in making an application, when your partner probably still has extant leave.

We only have 2.5 months before the visa expires, so not a huge gapt. But, applying now suits us better than waiting due to upcoming engagements we have that will require us to leave the country

vern2006 wrote: ↑

Mon Feb 27, 2023 6:02 pm

We only have 2.5 months before the visa expires, so not a huge gapt. But, applying now suits us better than waiting due to upcoming engagements we have that will require us to leave the country

Fair play. I know you said you don't plan on applying for ILR later in life. But life has a funny way of moving plans around. Why not hold on for 1 more month and reduce the gap to 1.5 months to expiration.

This could help eliminate the shoulda, coulda and woulda sticky situations, at a later date.