Should I extend my wife dependant visa or switch to spouse visa?

Hi,

Here is my background: Currently on ILR after Tier- 2 for five years. Applied British Citizen in Oct 2023 and waiting for the result. hopefully receive by Feb 2024 by the timeline shared by other people in the forum.

My wife joined me as dependant visa in June 2021 and applied for 3 years visa, i.e. expire in June 2024. Given the IHS fee is going to be increased to over £1000 by 31 Jan 2024, I am thinking to extend her visa earlier to save the cost. She will be in the UK for 5 years in June 2024.

Also, Given "You can apply for UK citizenship by marriage if you're married to a British citizen or a person settled in the UK and have lived in the UK for at least 3 years. You can apply for British citizenship as soon as you have Indefinite Leave to Remain (ILR) or “Settled Status” in the UK. You do not need to wait for 12 months after ILR." The timing when she become ILR would be June 2024.

Question:
1) If I do not receive the british citizen result by 31 Jan, can I just extend 2.5 years for the dependant visa to fulfil the 5 years requirement by June 2026. OR should I wait until May 2024 and apply for 2 years dependent visa instead?

2) If I receive my british citizen result by 31 Jan and become a British Citizen or any date before June 2024 when her dependent visa expires. Do I extend her dependent visa or switch it to Spouse visa instead? In either case, my wife will be living in the UK for either 1) 5 years dependent visa as of june 2024 or 2.5 years dependent visa + 2.5 years spouse visa, then she will apply ILR, would she be eligible to skip the 12 months since married and lived with British Citizen for 3 years?

The case seems abit complex, any helps are welcome. Thank you!!

I can't comment on the visa options for your wife.

But you do mention skipping the "12 months since married" - in relation to naturalisation there's no such rule. Or have I misread?

She applies for a 3 year extension as a skilled worker dependent. You can apply at any time.

If you switch to a flr m spouse visa, her ilr clock resets to zero and a new 5 year qualifying period so do not do this.

If you are british when she gets ilr, yes she can apply for citizenship immediately provided she meets all the 3 year residence requirements.

CR001 wrote: ↑

Sun Jan 14, 2024 4:33 pm

She applies for a 3 year extension as a skilled worker dependent. You can apply at any time.

If you switch to a flr m spouse visa, her ilr clock resets to zero and a new 5 year qualifying period so do not do this.

If you are british when she gets ilr, yes she can apply for citizenship immediately provided she meets all the 3 year residence requirements.

Thank you! It makes sense as I am thinking switch to spouse visa would reset the clock. I will go for extending her current dependent visa then. Thank you.

CR001 wrote: ↑

Sun Jan 14, 2024 4:33 pm

She applies for a 3 year extension as a skilled worker dependent. You can apply at any time.

If you switch to a flr m spouse visa, her ilr clock resets to zero and a new 5 year qualifying period so do not do this.

If you are british when she gets ilr, yes she can apply for citizenship immediately provided she meets all the 3 year residence requirements.

Thanks again CR001. One last question is what is the minimum year of extension of dependent visa my wife can apply? possible to apply just 2 years only rather than 2.5 or 3 years? thank you.

a66013 wrote: ↑

Sun Jan 14, 2024 7:53 pm

Thanks again CR001. One last question is what is the minimum year of extension of dependent visa my wife can apply? possible to apply just 2 years only rather than 2.5 or 3 years? thank you.

It will be a 3 year extension as stated in the immigration rules. You cannot choose a lesser visa validity time. It is 3 years only for a skilled worker dependent visa extension.

CR001 wrote: ↑

Sun Jan 14, 2024 8:00 pm

a66013 wrote: ↑

Sun Jan 14, 2024 7:53 pm

Thanks again CR001. One last question is what is the minimum year of extension of dependent visa my wife can apply? possible to apply just 2 years only rather than 2.5 or 3 years? thank you.

It will be a 3 year extension as stated in the immigration rules. You cannot choose a lesser visa validity time. It is 3 years only for a skilled worker dependent visa extension.

Thank you for your quick response....Her current visa expires on Oct 2024 and 5 years period will be in May 2026, so I guess it is better to renew 3 years by 31 Jan 2024 to avoid the 66% IHS increment...(i.e. save £1200 for the 3 years IHS fee..)

CR001 wrote: ↑

Sun Jan 14, 2024 8:00 pm

a66013 wrote: ↑

Sun Jan 14, 2024 7:53 pm

Thanks again CR001. One last question is what is the minimum year of extension of dependent visa my wife can apply? possible to apply just 2 years only rather than 2.5 or 3 years? thank you.

It will be a 3 year extension as stated in the immigration rules. You cannot choose a lesser visa validity time. It is 3 years only for a skilled worker dependent visa extension.

Hi CR001, more help is needed when I fill the form


Q1: she applied visa for 3 years or less given technically she needs further 2.5 years to fulfil the ILR requirements. she apply the extension via 'Apply from inside the UK (extend or switch their visa)' in the website (https://www.gov.uk/skilled-worker-visa/ ... d-children). Am I correct?

Q2: Do you have Partner's UAN? (I have the UAN for the skilled visa when I applied but I am no longer work for this company and I have became ILR already. Do I need to fill this?)

3. Do you have an application reference number for Partner? (I have the application ref no. for the skilled visa when I applied but I am no longer work for this company and I have became ILR already. Do I need to fill this?)

Q2: There is a question asked about the CoS from company A (Which I left the company already), it was a 3 years or less CoS and so I filled the answer. However, it asked about the work start date and end date. I left the company in May 2024, before the visa expiry date in Oct 2024. I have answered start date as Sept 2021 and end date as Oct 2024 which states in the BRP. However, after submitting the answer, the IHS fee is only £624 which is valid for 1 year instead of 3 years. I believe it is populated from the answer I entered for work start date and end date.....I need help on this. Should I enter the work end date to June 2026 which is the month she can apply for ILR?

CR001 wrote: ↑

Sun Jan 14, 2024 8:00 pm

a66013 wrote: ↑

Sun Jan 14, 2024 7:53 pm

Thanks again CR001. One last question is what is the minimum year of extension of dependent visa my wife can apply? possible to apply just 2 years only rather than 2.5 or 3 years? thank you.

It will be a 3 year extension as stated in the immigration rules. You cannot choose a lesser visa validity time. It is 3 years only for a skilled worker dependent visa extension.

More help is needed CR001, I did a research on the similar questions about the UAN and the work start date and end date of the visa. I have filled the UAN with the latest ILR application UAN given the ILR is approved, the work start date is the day of application of extension of dependant visa which is today, i.e. 20 Jan 2024 , Work end date is 3 years + start date, i.e. 19 Jan 2027. Then it asked about main applicant (i.e. myself) visa expiry date, I filled the ILR expiry date i.e. 31 Dec 2024.

However, the IHS fee calculated is just £624 which is one year instead of 3 years.....I have tried to delete the application and refill the application and have the same result of IHS fee calculation. Any help would be much appreciated!!!

You put YOUR expjry date as 3 years in the future for the correct ihs. This has been answered 100s of times here.