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Urgent help required for spouse visa application/ extension

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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melomane_tania
Newly Registered
Posts: 1
Joined: Wed Feb 16, 2022 2:21 pm
India

Urgent help required for spouse visa application/ extension

Post by melomane_tania » Wed Feb 16, 2022 2:49 pm

Hi all,

My husband applied for my spouse visa (within the UK in 2019) and I had recieved a "Leave to Enter" as Partner standard valid from 18th Feb'19 to 18th Nov'21. Therafter, I moved into the UK and started working there from Oct'19. Due to COVID pandemic, my husband remained unemployed for about a year from 4th Dec'20 and during that time had to stay out of the UK for family reasons. I had to retain my job and stayed in the UK during this time. I came out of the UK in Sep'21 to join him, took unpaid leave from my job and in the meantime my visa expired. Now, my husband has secured a job in the UK Jan'22 and moved back and I want to join him there, hence I want to apply/ extend visa. I have the below queries -
1. Am I eligible for a spouse visa extension? Is there some grace period before which I can apply?
2. Is it possible for him to apply for my spouse visa extension from within the UK?
3. If not, can i apply for my spouse visa extension from outside the uk?
4. If visa extension is not possible, is my ILR clock set to zero?
5. If visa extension is not possible, can I apply for a tourist visa, enter UK and then apply for a fresh spouse visa?
6. For financial requirements, since my husband was out of job for a year (not continuous employment for 6 months before application) and has joined this new job for a month, what documents do we need to provide to prove financial sustenance? (note : we do not have any dependents or childern, understand £18,600 annually is required)
7. I have payslips from my organization till sept'21. My annual gross salary is £38,000 and have recieved £10,000 annual bonus. Also, I have a letter from my organization stating my designation, salary deatils, NI number, pay slip authenticity (basically in the format required in employer's letter in the gov.uk website) and also their intent to keep me employed when my visa is granted/ renewed. Can I use this to prove our financial sustenance?

I want to have a full proof, well laid out application. Request to please help me out with this.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Urgent help required for spouse visa application/ extension

Post by vinny » Wed Feb 16, 2022 3:49 pm

Unfortunately, if you are outside the UK and your leave/permission has expired, then you have to apply for another spouse entry clearance and start all over again. You cannot extend from outside the UK. Tourists cannot normally switch onto a five year route from inside the UK.
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.
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manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Urgent help required for spouse visa application/ extension

Post by manci » Wed Feb 16, 2022 4:46 pm

Following on from @vinny's post above your ILR clock will start from zero when you get a new spouse visa (entry clearance).

Unfortunately you don't meet the financial requirements either (assuming you cannot rely on savings) because, being unemployed for almost one year, your husband is unlikely to be able to show the required income in the 12 month period before the date of your application.

Also, your past employment income doesn't count because you are not in the UK with permission to work.
Personal opinion, not professional or legal advice

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Urgent help required for spouse visa application/ extension

Post by manci » Wed Feb 16, 2022 4:57 pm

If your employer is a licenced sponsor and is willing to give you a CoS consider applying for a Skilled Worker visa
Personal opinion, not professional or legal advice

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