Spouse extension online form questions

Hi,

If anyone is able to give me some guidance with the following, that would be much appreciated.

My wife's initial period of leave to remain as the spouse of a British Citizen expires on 18th June this year. She is on the 5 year partner route, so we need to extend for another 2.5 years before getting her Indefinite Leave to Remain. I understand this application is done online now, and we have all the necessary documents ready to upload once we've submitted the application. However, I could do with some help with a couple of the sections on the online form.

The section asking if the applicant has been out of the UK since she started living here - do we need to put every trip out of the UK, including weekends to Paris etc? Also, are they assuming that we'd give that info for the last 2.5 years since she's been on the spouse visa, or is it for the entire time she has lived here? She has lived here for 4 years, as she was here initially on a Tier 1 Youth Mobility visa, before we got married.

The section asking about income from employment and the documentation required. My wife meets the financial requirement through employment and has payslips and bank statements to show proof of earnings, as well as a letter from her employer. It says we can optionally provide a signed contract of employment, which we will do. Then it says: "Are they a director or non-executive director of a limited company based in the UK?" Who does the application mean by "they"? I can't work out if it's referring to the applicant, or their employer. Other questions always refer to "you", which is clear. But I'm not sure why they'd ask if the applicants employer is a director or non-exec director of a PLC. Any thoughts?

"Would any of your other family members be affected if your application was refused?". I (her husband) would be affected, is that a valid answer??

Thanks in advance for any help offered!

AWilson83 wrote: ↑

Thu Jun 04, 2020 8:22 pm

The section asking if the applicant has been out of the UK since she started living here - do we need to put every trip out of the UK, including weekends to Paris etc? Also, are they assuming that we'd give that info for the last 2.5 years since she's been on the spouse visa, or is it for the entire time she has lived here? She has lived here for 4 years, as she was here initially on a Tier 1 Youth Mobility visa, before we got married.

Usually leaving the UK for visiting or residing somewhere else are two different things. But if the question is asked without distinguishing both then give all absences. In my view the absences can be based on either 2.5 or 4 of previous years since all the record the UKVI already have.

AWilson83 wrote: ↑

Thu Jun 04, 2020 8:22 pm

Then it says: "Are they a director or non-executive director of a limited company based in the UK?" Who does the application mean by "they"?

That implies to applicant and his/her sponsor.

AWilson83 wrote: ↑

Thu Jun 04, 2020 8:22 pm

"Would any of your other family members be affected if your application was refused?". I (her husband) would be affected, is that a valid answer??

Yes. I wouldn't worry too much about your answer to this question if you meet all of the requirements for the 5 year route as it would appear to be intended to probe for exceptional circumstances that would apply to the 10 year route.

seagul wrote: ↑

Thu Jun 04, 2020 11:25 pm

AWilson83 wrote: ↑

Thu Jun 04, 2020 8:22 pm

The section asking if the applicant has been out of the UK since she started living here - do we need to put every trip out of the UK, including weekends to Paris etc? Also, are they assuming that we'd give that info for the last 2.5 years since she's been on the spouse visa, or is it for the entire time she has lived here? She has lived here for 4 years, as she was here initially on a Tier 1 Youth Mobility visa, before we got married.

Usually leaving the UK for visiting or residing somewhere else are two different things. But if the question is asked without distinguishing both then give all absences. In my view the absences can be based on either 2.5 or 4 of previous years since all the record the UKVI already have.

AWilson83 wrote: ↑

Thu Jun 04, 2020 8:22 pm

Then it says: "Are they a director or non-executive director of a limited company based in the UK?" Who does the application mean by "they"?

That implies to applicant and his/her sponsor.

Thanks for your quick response and advice. The form doesn't differentiate between holidays and residing outside of the country. My assumption is that they just want to make sure the applicant hasn't been out of the UK for over the allowed 180 days in a year. The order of questions are: "How long have you lived in the UK?" (answer - 4 years); "Have you left the UK since living here?" (answer - Yes); "List your absences...".

I'm tempted to just answer for the past 2.5 years, because absences before then when my wife was on a different visa with different restrictions is surely not relevant to this current application?

AWilson83 wrote: ↑

Fri Jun 05, 2020 9:05 am

Thanks for your quick response and advice. The form doesn't differentiate between holidays and residing outside of the country. My assumption is that they just want to make sure the applicant hasn't been out of the UK for over the allowed 180 days in a year. The order of questions are: "How long have you lived in the UK?" (answer - 4 years); "Have you left the UK since living here?" (answer - Yes); "List your absences...".

I'm tempted to just answer for the past 2.5 years, because absences before then when my wife was on a different visa with different restrictions is surely not relevant to this current application?

There is NO '180 days absence limit' for spouse visa holders. Simply answer the question for the time on a spouse visa, which is what is relevant.

CR001 wrote: ↑

Fri Jun 05, 2020 9:06 am

AWilson83 wrote: ↑

Fri Jun 05, 2020 9:05 am

Thanks for your quick response and advice. The form doesn't differentiate between holidays and residing outside of the country. My assumption is that they just want to make sure the applicant hasn't been out of the UK for over the allowed 180 days in a year. The order of questions are: "How long have you lived in the UK?" (answer - 4 years); "Have you left the UK since living here?" (answer - Yes); "List your absences...".

I'm tempted to just answer for the past 2.5 years, because absences before then when my wife was on a different visa with different restrictions is surely not relevant to this current application?

There is NO '180 days absence limit' for spouse visa holders. Simply answer the question for the time on a spouse visa, which is what is relevant.

Thanks for this, appreciate it. On the question "Could you and your partner live together outside of the UK if necessary?", we've answered NO, and explained as follows: "My husband is a British citizen with work commitments here, and I am settled with full time work as well. We have shared financial responsibilities and commitments, including a mortgage, and it wouldn't be possible to meet those financial commitments from outside of the UK". Is that a valid answer? I (the applicants husband) have no visa to work in another country, and without work I couldn't pay my mortgage, so it seems like a valid answer to me. Any thoughts?

There is no right or wrong answer to the question. It is purely based on your personal circumstances and you do not even have to provide an explanation if you don't want to.

AWilson83 wrote: ↑

Fri Jun 05, 2020 12:33 pm

CR001 wrote: ↑

Fri Jun 05, 2020 9:06 am

AWilson83 wrote: ↑

Fri Jun 05, 2020 9:05 am

Thanks for your quick response and advice. The form doesn't differentiate between holidays and residing outside of the country. My assumption is that they just want to make sure the applicant hasn't been out of the UK for over the allowed 180 days in a year. The order of questions are: "How long have you lived in the UK?" (answer - 4 years); "Have you left the UK since living here?" (answer - Yes); "List your absences...".

I'm tempted to just answer for the past 2.5 years, because absences before then when my wife was on a different visa with different restrictions is surely not relevant to this current application?

There is NO '180 days absence limit' for spouse visa holders. Simply answer the question for the time on a spouse visa, which is what is relevant.

Thanks for this, appreciate it. On the question "Could you and your partner live together outside of the UK if necessary?", we've answered NO, and explained as follows: "My husband is a British citizen with work commitments here, and I am settled with full time work as well. We have shared financial responsibilities and commitments, including a mortgage, and it wouldn't be possible to meet those financial commitments from outside of the UK". Is that a valid answer? I (the applicants husband) have no visa to work in another country, and without work I couldn't pay my mortgage, so it seems like a valid answer to me. Any thoughts?

Spot on that - I’ve answered something very similar and yes there is no right or wrong answers.