Spouse visa extension and domestic violence case

cherrystrawberry777 · Post by **cherrystrawberry777** » Fri Oct 14, 2022 1:31 pm

Hi! I need some help with the spouse visa extension.
My first spouse visa has been issued on the 25th of November 2020. I’ve entered the UK on the 14th of December. My BRP is valid until 25 August 2023. ( valid for 33 months) . I don’t understand when exactly I need to apply for an extension? 28 days before my BRP expiration date or 28 days before I will reach 30 months period? I’ve seen different opinions. When is the earliest day and the last day I can apply for an extension?

Thank you

Shara111 · Post by **Shara111** » Fri Oct 14, 2022 2:10 pm

28 days before expiration of BRP.

Ticktack · Post by **Ticktack** » Fri Oct 14, 2022 2:41 pm

cherrystrawberry777 wrote: ↑
Fri Oct 14, 2022 1:31 pm
Hi! I need some help with the spouse visa extension.
My first spouse visa has been issued on the 25th of November 2020. I’ve entered the UK on the 14th of December. My BRP is valid until 25 August 2023. ( valid for 33 months) . I don’t understand when exactly I need to apply for an extension? 28 days before my BRP expiration date or 28 days before I will reach 30 months period? I’ve seen different opinions. When is the earliest day and the last day I can apply for an extension?

Thank you

For spouse visa extension, the concession doesn't really matter. You don't want to apply too early so that when you're issued your new visa, it doesn't fall short. If you have extra on it by the time you're eligible for ILR, it gives you more time to play with.

You entered the UK within 3 weeks of visa issuance which is great. You can apply in 1st week August at the latest or much earlier.

However, the HO might send you a mail around early June asking why you haven't applied yet?

By the time you're eligible in December 2025, you might still have a valid Leave till April 2026.

cherrystrawberry777 · Post by **cherrystrawberry777** » Mon Oct 17, 2022 9:58 am

Thank you for the reply.
But I still don’t understand when it will be too late to apply ? And when is the earliest date? Is June best time to apply (after 30 months) or August ? (28 days before my BRP expires)? My BRP is valid for 33 months. The rules are not very clear.

AmazonianX · Post by **AmazonianX** » Mon Oct 17, 2022 10:19 am

cherrystrawberry777 wrote: ↑
Mon Oct 17, 2022 9:58 am
Thank you for the reply.
But I still don’t understand when it will be too late to apply ? And when is the earliest date? Is June best time to apply (after 30 months) or August ? (28 days before my BRP expires)? My BRP is valid for 33 months. The rules are not very clear.

You are eligible to apply fro extension from 17th May 2023 till the last day of validity of the current leave as shown on your BRP.

cherrystrawberry777 · Post by **cherrystrawberry777** » Wed Jan 18, 2023 2:18 pm

Thank you.
I have 2 more questions:
1) I’m working in the UK, can I still work after I apply for the visa extension while I’m waiting for the decision?
2) I passed the IELTS exam in October 2020 with the result B1. Do I need to pass another IELTS exam or not? It is valid only 2 years.

Ticktack · Post by **Ticktack** » Wed Jan 18, 2023 4:49 pm

cherrystrawberry777 wrote: ↑
Wed Jan 18, 2023 2:18 pm
Thank you.
I have 2 more questions:
1) I’m working in the UK, can I still work after I apply for the visa extension while I’m waiting for the decision? Yes
2) I passed the IELTS exam in October 2020 with the result B1. Do I need to pass another IELTS exam or not? It is valid only 2 years. Has this been used in a previous application that was accepted?

cherrystrawberry777 · Post by **cherrystrawberry777** » Thu Jan 19, 2023 12:30 pm

Ticktack wrote: ↑
Wed Jan 18, 2023 4:49 pm

cherrystrawberry777 wrote: ↑
Wed Jan 18, 2023 2:18 pm
Thank you.
I have 2 more questions:
1) I’m working in the UK, can I still work after I apply for the visa extension while I’m waiting for the decision? Yes
2) I passed the IELTS exam in October 2020 with the result B1. Do I need to pass another IELTS exam or not? It is valid only 2 years. Has this been used in a previous application that was accepted?

Thank you. Yes, it has been used in a previous application

cherrystrawberry777 · Post by **cherrystrawberry777** » Thu Jan 19, 2023 12:33 pm

Ticktack wrote: ↑
Wed Jan 18, 2023 4:49 pm

cherrystrawberry777 wrote: ↑
Wed Jan 18, 2023 2:18 pm
Thank you.
I have 2 more questions:
1) I’m working in the UK, can I still work after I apply for the visa extension while I’m waiting for the decision? Yes
2) I passed the IELTS exam in October 2020 with the result B1. Do I need to pass another IELTS exam or not? It is valid only 2 years. Has this been used in a previous application that was accepted?

In this case how can I proof my right to work in the UK? Home office may review my application a bit longer than usual and BRP can be expired

AmazonianX · Post by **AmazonianX** » Thu Jan 19, 2023 1:00 pm

cherrystrawberry777 wrote: ↑
Thu Jan 19, 2023 12:33 pm

Ticktack wrote: ↑
Wed Jan 18, 2023 4:49 pm

cherrystrawberry777 wrote: ↑
Wed Jan 18, 2023 2:18 pm
Thank you.
I have 2 more questions:
1) I’m working in the UK, can I still work after I apply for the visa extension while I’m waiting for the decision? Yes
2) I passed the IELTS exam in October 2020 with the result B1. Do I need to pass another IELTS exam or not? It is valid only 2 years. Has this been used in a previous application that was accepted?

In this case how can I proof my right to work in the UK? Home office may review my application a bit longer than usual and BRP can be expired

You are covered by Section 3C while waiting for the outcome of present application. Means you retained all the right you had under previous visa till decision on present application is made notwithstanding expiration of BRP

AmazonianX · Post by **AmazonianX** » Thu Jan 19, 2023 1:01 pm

AmazonianX wrote: ↑
Thu Jan 19, 2023 1:00 pm

cherrystrawberry777 wrote: ↑
Thu Jan 19, 2023 12:33 pm

Ticktack wrote: ↑
Wed Jan 18, 2023 4:49 pm

cherrystrawberry777 wrote: ↑
Wed Jan 18, 2023 2:18 pm
Thank you.
I have 2 more questions:
1) I’m working in the UK, can I still work after I apply for the visa extension while I’m waiting for the decision? Yes
2) I passed the IELTS exam in October 2020 with the result B1. Do I need to pass another IELTS exam or not? It is valid only 2 years. Has this been used in a previous application that was accepted?

In this case how can I proof my right to work in the UK? Home office may review my application a bit longer than usual and BRP can be expired
You are covered by Section 3C while waiting for the outcome of present application. Means you retained all the right you had under previous visa till decision on present application is made notwithstanding expiration of BRP

Employer should request right to work..

cherrystrawberry777 · Post by **cherrystrawberry777** » Fri Jan 27, 2023 11:29 am

Hi all,

I will apply for the spouse visa extension this summer. I’ve passed my IELTS exam in 2020 with B1 result and used it for my 1st application . Can I use the same certificate for the visa extension or I need to pass another exam?

Thank you

AmazonianX · Post by **AmazonianX** » Fri Jan 27, 2023 4:07 pm

cherrystrawberry777 wrote: ↑
Fri Jan 27, 2023 11:29 am
Hi all,

I will apply for the spouse visa extension this summer. I’ve passed my IELTS exam in 2020 with B1 result and used it for my 1st application . Can I use the same certificate for the visa extension or I need to pass another exam?

Thank you

Can be reused if still on HOs list of accepted providers.

cherrystrawberry777 · Post by **cherrystrawberry777** » Sun Feb 26, 2023 11:12 am

Hi all,

I’m about to apply for the spouse visa extension in May however my husband ( British citizen)
has been arrested and may have criminal record. Will it affect my application? Is DBS check for the sponsor required?
Thank you

CR001 · Post by **CR001** » Sun Feb 26, 2023 11:15 am

Topics merged. Kindly keep all questions relating to the same application in one topic.

Will it affect my application?

No.

Is DBS check for the sponsor required?

No.

cherrystrawberry777 · Post by **cherrystrawberry777** » Sat Mar 04, 2023 8:14 pm

Hi all,

I need help. My husband is a British citizen and I’m on a spouse visa here in the UK. We had a serious argument two weeks ago and the neighbours called the police. My husband has been arrested but hasn’t been charged at the moment. However the investigation is going on. Me and my husband decided to stay together and don’t want to get separated no matter what and would like to continue to live together. I have to apply for the visa extension in May. My question is- can the police inform Home office about this incident? Can I still apply for an extension? Thank you.

CR001 · Post by **CR001** » Sat Mar 04, 2023 8:19 pm

can the police inform Home office about this incident?

No

Can I still apply for an extension?

Yes

Topics merged again!!

cherrystrawberry777 · Post by **cherrystrawberry777** » Sat Mar 04, 2023 8:22 pm

I apologize for merging topics . I thought I’ve created new post… not sure how to use the forum. Thanks for the response

cherrystrawberry777 · Post by **cherrystrawberry777** » Mon Mar 06, 2023 2:19 pm

CR001 wrote: ↑
Sat Mar 04, 2023 8:19 pm

can the police inform Home office about this incident?
No

Can I still apply for an extension?
Yes

Topics merged again!!

I’ve spoken to the immigration solicitor and they told me that the visa extension can be refused and the police will inform the Home office about this incident and that I have legal representation immediately. Very strange… not so sure then about it

cherrystrawberry777 · Post by **cherrystrawberry777** » Mon Mar 06, 2023 2:20 pm

I meant “I need legal representation immediately”.

AmazonianX · Post by **AmazonianX** » Mon Mar 06, 2023 3:50 pm

You got a response to your question that police will not inform HO.

I presume You have not informed police that you want him prosecuted nor informed UK VI / HO of the breakdown of marriage.

Solicitors have got to eat you know.

cherrystrawberry777 · Post by **cherrystrawberry777** » Mon Mar 06, 2023 4:00 pm

The police is aware that I don’t want prosecution and we are still married and doesn’t want to divorce. We would like to improve the relationship and stay married. I’m just thinking that the “immigration solicitors” just would like me just to pay money for their legal representation for my visa application.

AmazonianX · Post by **AmazonianX** » Mon Mar 06, 2023 4:44 pm

cherrystrawberry777 wrote: ↑
Mon Mar 06, 2023 4:00 pm
The police is aware that I don’t want prosecution and we are still married and doesn’t want to divorce. We would like to improve the relationship and stay married. I’m just thinking that the “immigration solicitors” just would like me just to pay money for their legal representation for my visa application.

Solicitors have got to eat you know.

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