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Spouse Visa

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kfinnane
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Joined: Wed Sep 25, 2019 8:20 am

Spouse Visa

Post by kfinnane » Wed Sep 25, 2019 9:21 am

Hello All,

I have a question regarding a spouse visa extension. Whilst on his first 2.5-year spouse visa my husband received a suspended court sentence. This visa runs out in November and we are applying for his second 2.5-year visa and after that Indefinite leave to remain. Now my question is this. If you've received a noncustodial sentence within 3 years of applying for indefinite leave to remain you're more than likely to be refused. My husband's second 2.5-year spouse visa runs out in May 2022 which leaves us 2 months short since the 3 years will be up in July 2022. Is there an extension we can apply for to cover these months or is there a longer spouse visa we can apply for in November this year?

Thank you in advance for your help in this matter.

N

geoeng
Senior Member
Posts: 953
Joined: Fri Aug 30, 2019 11:54 am
Canada

Re: Spouse Visa

Post by geoeng » Wed Sep 25, 2019 9:29 am

There is no shorter extension you could apply for or a longer spouse visa, though you could apply for another 2.5 year period of FLR(M) rather than ILR as there is no rule stating you must apply for ILR after 5 years.

Out of curiosity, where did the 3 years from receipt of the non-custodial sentence come from? The immigration rules in Appendix FM states the following:
"S-ILR.1.1. The applicant will be refused indefinite leave to remain on grounds of suitability if any of paragraphs S-ILR.1.2. to 1.10. apply.
S-ILR.1.6. The applicant has, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record"
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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CR001
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South Africa

Re: Spouse Visa

Post by CR001 » Wed Sep 25, 2019 9:30 am

Spouse visa extensions are only granted for 2.5 years. There is no shorter or longer option.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kfinnane
Newly Registered
Posts: 3
Joined: Wed Sep 25, 2019 8:20 am

Re: Spouse Visa

Post by kfinnane » Wed Sep 25, 2019 12:27 pm

Thank you geoeng.

I got the info from a website called xxxxxx

So you're saying that it's only 24 months from the sentence and not 3 years?

geoeng
Senior Member
Posts: 953
Joined: Fri Aug 30, 2019 11:54 am
Canada

Re: Spouse Visa

Post by geoeng » Wed Sep 25, 2019 1:12 pm

I am only quoting from the immigration rules.

However, based on the guidance linked below, you can't have any records of non-custodial sentences in the 3 years prior to the application date for British nationality (i.e. citizenship by naturalisation) as it would result in a failure to meet the good character requirement. I suspect this may be the origin of the information you found. Based on that, my interpretation would be you would be ok applying for FLR and ILR but would have to wait a bit longer before applying for citizenship; can't say for sure that's how the immigration officer reviewing the case would decide though.

https://assets.publishing.service.gov.u ... idance.pdf
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

kfinnane
Newly Registered
Posts: 3
Joined: Wed Sep 25, 2019 8:20 am

Re: Spouse Visa

Post by kfinnane » Wed Sep 25, 2019 3:46 pm

Thank you very much for your help

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