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One year of Spouse Visa Extension

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uhd4k
Junior Member
Posts: 54
Joined: Tue Sep 18, 2018 12:27 am
New Zealand

One year of Spouse Visa Extension

Post by uhd4k » Sun May 21, 2023 9:35 pm

Hi,

I have my ILR. However, my wife and kid have Dependent visas that will expire 4 months short of the 5-year threshold required to apply for their ILR. Is it possible to apply for only one year of Spouse Visa Extension, and Child Visa Extension?

Thanks for your help.

AmazonianX
Respected Guru
Posts: 7503
Joined: Tue Jun 11, 2019 1:09 pm

Re: One year of Spouse Visa Extension

Post by AmazonianX » Sun May 21, 2023 10:12 pm

uhd4k wrote:
Sun May 21, 2023 9:35 pm
Hi,

I have my ILR. However, my wife and kid have Dependent visas that will expire 4 months short of the 5-year threshold required to apply for their ILR. Is it possible to apply for only one year of Spouse Visa Extension, and Child Visa Extension?

Thanks for your help.
No, unlike visitor visa where applicant can choose the visa duration from a couple of options, spouse visa are fixed term of 2.5years you do not get to pick and choose.
However, you may apply for their extension as close as possible to the expiration of current leave and hope that decision is not made quickly on it by HO.
If by 28days before they are eligible for ILR the extension applications are yet to be decided, you can then vary the application to ILR.

uhd4k
Junior Member
Posts: 54
Joined: Tue Sep 18, 2018 12:27 am
New Zealand

Re: One year of Spouse Visa Extension

Post by uhd4k » Sun May 21, 2023 10:54 pm

AmazonianX wrote:
Sun May 21, 2023 10:12 pm
No, unlike visitor visa where applicant can choose the visa duration from a couple of options, spouse visa are fixed term of 2.5years you do not get to pick and choose.
However, you may apply for their extension as close as possible to the expiration of current leave and hope that decision is not made quickly on it by HO.
If by 28days before they are eligible for ILR the extension applications are yet to be decided, you can then vary the application to ILR.
Got it, thanks. I was trying to avoid paying unneeded 2 years of Immigration Health Surcharge.

Regarding the "vary the application to ILR", would my family be considered as overstayers if their current visa expires AFTER they have applied for their Visa Extension?

Thanks for the help. Much appreciated.

vinny
Moderator
Posts: 32803
Joined: Tue Sep 25, 2007 7:58 pm

Re: One year of Spouse Visa Extension

Post by vinny » Mon May 22, 2023 12:15 am

GT 24.1. specifies a fixed three years extension.

They are not overstayers, if they vary an in-time application before a decision.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

AmazonianX
Respected Guru
Posts: 7503
Joined: Tue Jun 11, 2019 1:09 pm

Re: One year of Spouse Visa Extension

Post by AmazonianX » Mon May 22, 2023 4:14 am

uhd4k wrote:
Sun May 21, 2023 10:54 pm
AmazonianX wrote:
Sun May 21, 2023 10:12 pm
No, unlike visitor visa where applicant can choose the visa duration from a couple of options, spouse visa are fixed term of 2.5years you do not get to pick and choose.
However, you may apply for their extension as close as possible to the expiration of current leave and hope that decision is not made quickly on it by HO.
If by 28days before they are eligible for ILR the extension applications are yet to be decided, you can then vary the application to ILR.
Got it, thanks. I was trying to avoid paying unneeded 2 years of Immigration Health Surcharge.

Regarding the "vary the application to ILR", would my family be considered as overstayers if their current visa expires AFTER they have applied for their Visa Extension? No, they continue to have legal residence till you hear Or get decision from HO on the visa extension application.

Thanks for the help. Much appreciated.

smud
Newly Registered
Posts: 3
Joined: Thu May 25, 2023 10:34 am
Mood:

Re: One year of Spouse Visa Extension

Post by smud » Thu May 25, 2023 10:38 am

Hello ,

I am in the same situation as my wife and kids are short 4 months to complete their 5 year period. As i understood i will have to pay for the 3 years .
Question on Have you travelled to UK in the last 10 years?
Since my family is currently in the UK and applying for the Extension , do we need to say Yes or No .. I am not sure if we need to specify the entry clearance information . I have already entered in the travel history(others) for the visits we did to our home country .

Could you please help with a feedback. thanks

AmazonianX
Respected Guru
Posts: 7503
Joined: Tue Jun 11, 2019 1:09 pm

Re: One year of Spouse Visa Extension

Post by AmazonianX » Thu May 25, 2023 3:08 pm

smud wrote:
Thu May 25, 2023 10:38 am
Hello ,

I am in the same situation as my wife and kids are short 4 months to complete their 5 year period. As i understood i will have to pay for the 3 years .
Question on Have you travelled to UK in the last 10 years?
Since my family is currently in the UK and applying for the Extension , do we need to say Yes or No .. I am not sure if we need to specify the entry clearance information . I have already entered in the travel history(others) for the visits we did to our home country .

Could you please help with a feedback. thanks
Answer is yes and provide details as required.

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