Spousal Visa Extension - Still No Appointments

Hi there,

Firstly this site has been a very helpful resource both in our initial spousal application to live with UK based husband as a US person, and now spousal extension, so many thanks to those who contribute to the wealth of information on here

I have a query that would be very grateful if clarified:

Given the following timelines and the fact that we don't want to unnecessarily make another spousal visa extension application, before reaching the 5 year requirement for Indefinite Leave to Remain.

Is it acceptable to the requirements to now make an application? am struggling to understand how this is intended to reach 5 years without a further costly to us, spousal visa extension when I have seen many others advise it should be initial application followed by extension followed by ILR.

Specific details below:

- Spousal Visa Stamped UK Entry Date (leave to enter given came from home country of USA): 14th September 2017 (spousal entry clearance was valid between 06.09.17-06.10.17)

- Biometric Residence Permit Expiry: June 6th 2020

As I calculate it, between entry and today (9 April 13th 2020) it has been 2 years, 6 months, 30 days excluding the end date.

Between entry and Biometric Residence Expiry (6th June 2020), it will be 2 years, 8 months, 23 days excluding the end date.

If the spousal visa extension only provides a further 30 months, how does this work out?

To avoid a shortfall for ILR, you should submit your FLR(M) application no earlier than 28 days before the 30 month period from the date of entry and no later than your current visa's expiry date.

Casa wrote: ↑

Mon Apr 13, 2020 1:35 pm

To avoid a shortfall for ILR, you should submit your FLR(M) application no earlier than 28 days before the 30 month period from the date of entry and no later than your current visa's expiry date.

Thanks Casa - date of entry as stamped in passport was 14th September 2017.

Given current date is 13th April 2020, that would already make it 30 months, 30 days excluding the end date, with tomorrow being 31 months already? am I calculating correctly?

If a further application was submitted tomorrow, would they add 30 months to the current 31 months already held? On this basis is there any potential for shortfall? people seem to be worried about a shortfall but I can't see how that's possible with this time line

You get 30 months visa extension regardless of when you apply and it is approved.

CR001 wrote: ↑

Mon Apr 13, 2020 1:56 pm

You get 30 months visa extension regardless of when you apply and it is approved.

Thanks - are you suggesting no shortfall regardless?

Then BRP is valid until June 6th 2020 - theoretically if it was approved tomorrow would the extension still be added to June 6th or tomorrow's date?

Fahd89 wrote: ↑

Mon Apr 13, 2020 3:01 pm

Then BRP is valid until June 6th 2020 - theoretically if it was approved tomorrow would the extension still be added to June 6th or tomorrow's date?

When you can apply to extend or switch
You can extend or switch at any time before your current permission to stay in the UK expires.

You must live in the UK for a certain amount of time before you’re eligible for settlement (‘indefinite leave to remain’) - check how much time you need before you extend your visa.

If you’re extending to stay with the same family member, you’ll only get up to 28 days left on your current stay added to your new visa

https://www.gov.uk/uk-family-visa

The extension starts from date of approval. It is not tagged onto the expiry date of the current visa.

An extension is granted for 30 months and can have up to 28 days added, ie 30 months plus 28 days.

CR001 wrote: ↑

Mon Apr 13, 2020 3:10 pm

The extension starts from date of approval. It is not tagged onto the expiry date of the current visa.

An extension is granted for 30 months and can have up to 28 days added, ie 30 months plus 28 days.

Thank you - my question then is, is this a moot point given date of entry as stamped in passport was 14th September 2017 and current date is 13th April 2020, that would already make it 30 months, 30 days excluding the end date, with tomorrow being 31 months already.

Am I missing anything in my understanding that there is no harm in applying now (re: the 5 year ILR route) even though the expiry is June 6th. I see people write wait 28 days before expiry despite there still being circa 50 days until this Biometric Residence Permit actually expires

No harm in applying now.

Note that the biometric centres are currently closed so even if you apply, it won't be progressed at this stage

CR001 wrote: ↑

Mon Apr 13, 2020 4:33 pm

No harm in applying now.

Note that the biometric centres are currently closed so even if you apply, it won't be progressed at this stage

Brilliant - many thanks this has been very helpful all

Some slightly off topic questions relating still to the same application;

- It has requested a P60 for the period relied on (being the last 6 months and P60s not likely to come before 31 May) is this a problem? my employer stated they'd be willing to in lieu provide an annual statement of earnings? would you include this/ tick the p60 box as docs attached?

- Secondly, given lots of our bank statements etc are online (but clearly have date stamps and full address showing we've lived at same address on the top right of when originally put on - is there any issue to using these for proof of address?)

1. You do NOT need P60s. Payslips and bank statements and employer letter only.

2. You can use anything in both your names over the last two years for evidence of cohabitation,from 3 to 6 sources spread evenly for every 3 or 4 months.

CR001 wrote: ↑

Mon Apr 13, 2020 4:49 pm

1. You do NOT need P60s. Payslips and bank statements and employer letter only.

2. You can use anything in both your names over the last two years for evidence of cohabitation,from 3 to 6 sources spread evenly for every 3 or 4 months.

Great for 1. Strange that it is requested at this time given it is not possible for anyone to bring forward a date of p60 issue.

For 2. we don't have enough in both our names so I'm going to submit at least 6 letters at same address each spread over the period and one bank account source which we do have jointly over the period.

One last question re: 2. It asks for correspondence over the last two years (whereas in reality as above it has been 2 years 6 months since moving here. Would you suggest adding enough to cover the last 2 years and 6 months?

You need evidence for TWO years max.

Hi All,

My wife applied for her spousal visa extension and submitted on April 14th.

Her spousal visa (leave to enter - biometric residence permit) expired 6th June (although I understand remains valid until an application decision is made).

However given the situation with COVID 19 - despite logging in everyday, we cannot get any appointments on the UKVCAS site whatsoever - to add to our concerns, the update on the site today suggests they're opening to people who applied in May, when we applied in April and we still haven't been able to get an appointment for the standard biometrics etc.

We are at a loss re: next steps as we do not want to get to a point where the application submitted is just cancelled because we haven't got an appointment (and suddenly her visa will not be valid)

Is there any specific legal immigration advice that we should follow in this scenario?

Many thanks

Fahd89 wrote: ↑

Wed Jul 08, 2020 11:19 am

We are at a loss re: next steps as we do not want to get to a point where the application submitted is just cancelled because we haven't got an appointment (and suddenly her visa will not be valid)

Is there any specific legal immigration advice that we should follow in this scenario?

Many thanks

It won't simply be cancelled. No one will be penalised due to the delays.

CR001 wrote: ↑

Wed Jul 08, 2020 11:34 am

Fahd89 wrote: ↑

Wed Jul 08, 2020 11:19 am

We are at a loss re: next steps as we do not want to get to a point where the application submitted is just cancelled because we haven't got an appointment (and suddenly her visa will not be valid)

Is there any specific legal immigration advice that we should follow in this scenario?

Many thanks

It won't simply be cancelled. No one will be penalised due to the delays.

My concern in this regard is that it's already been almost 3 month since I submitted an application.

Is there any time limit between an application being submitted and having a biometrics appointment? we've already submitted scanned copies of all evidence online but we are supposed to go in for finger prints/ photo and handing in some original documents (i.e. passport)

I have already used the enquiry form on the site to question why I can't get an appointment having made an application in April, but they're stating they're opening bookings to May applicants however it just sent through an automated response to say it will take 5-10 days for Sopra Steria to respond.

Fahd89 wrote: ↑

Wed Jul 08, 2020 11:40 am

CR001 wrote: ↑

Wed Jul 08, 2020 11:34 am

Fahd89 wrote: ↑

Wed Jul 08, 2020 11:19 am

We are at a loss re: next steps as we do not want to get to a point where the application submitted is just cancelled because we haven't got an appointment (and suddenly her visa will not be valid)

Is there any specific legal immigration advice that we should follow in this scenario?

Many thanks

It won't simply be cancelled. No one will be penalised due to the delays.

My concern in this regard is that it's already been almost 3 month since I submitted an application.

Is there any time limit between an application being submitted and having a biometrics appointment? we've already submitted scanned copies of all evidence online but we are supposed to go in for finger prints/ photo and handing in some original documents (i.e. passport) The pandemic has changed / affected lots of things. The time limit that used to be does not come into play under current situation and as moderator said you won't be penalized.

I have already used the enquiry form on the site to question why I can't get an appointment having made an application in April, but they're stating they're opening bookings to May applicants however it just sent through an automated response to say it will take 5-10 days for Sopra Steria to respond.

Wait for the reply from them as no one hear can speak categorically on this.

AmazonianX wrote: ↑

Wed Jul 08, 2020 3:09 pm

Fahd89 wrote: ↑

Wed Jul 08, 2020 11:40 am

CR001 wrote: ↑

Wed Jul 08, 2020 11:34 am

Fahd89 wrote: ↑

Wed Jul 08, 2020 11:19 am

We are at a loss re: next steps as we do not want to get to a point where the application submitted is just cancelled because we haven't got an appointment (and suddenly her visa will not be valid)

Is there any specific legal immigration advice that we should follow in this scenario?

Many thanks

It won't simply be cancelled. No one will be penalised due to the delays.

My concern in this regard is that it's already been almost 3 month since I submitted an application.

Is there any time limit between an application being submitted and having a biometrics appointment? we've already submitted scanned copies of all evidence online but we are supposed to go in for finger prints/ photo and handing in some original documents (i.e. passport) The pandemic has changed / affected lots of things. The time limit that used to be does not come into play under current situation and as moderator said you won't be penalized.

I have already used the enquiry form on the site to question why I can't get an appointment having made an application in April, but they're stating they're opening bookings to May applicants however it just sent through an automated response to say it will take 5-10 days for Sopra Steria to respond.

Wait for the reply from them as no one hear can speak categorically on this.

OK - and what is the deadline under "normal" circumstances in relation to submitting the application online and having a biometric appointment

I note this is a spousal visa extension - I don't understand why they haven't even contacted us to suggest the currently advertised approach on their site around using previous biometrics and asking you to provide passport etc via post

Fahd89 wrote: ↑

Thu Jul 09, 2020 9:41 am

asking you to provide passport etc via post

Postal correspondence has now almost ceased to exist.