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Keep extending spouse visa instead of ILR

Posted: Sat Mar 31, 2018 11:53 pm
by Sam99999999
Hi guys,

I’m on a spouse visa (5yr Route) currently paid for by the company I work for. In 6 months I’ll have hit the 5 year mark on my spouse visa and will be eligible for ILR. HOWEVER my company have told me they do no pay for ILR applications, but they are happy to continue paying for the visas, even if it means it will be more expensive for them in the long run!

So... is there anything stopping me from just continually extending my spouse year every 2.5 years, or would I be forced down the ILR Route?

Thanks for your time!

Re: Keep extending spouse visa instead of ILR

Posted: Sun Apr 01, 2018 12:07 am
by CMOSUK
Sam99999999 wrote:
Sat Mar 31, 2018 11:53 pm
Hi guys,

I’m on a spouse visa (5yr Route) currently paid for by the company I work for. In 6 months I’ll have hit the 5 year mark on my spouse visa and will be eligible for ILR. HOWEVER my company have told me they do no pay for ILR applications, but they are happy to continue paying for the visas, even if it means it will be more expensive for them in the long run!

So... is there anything stopping me from just continually extending my spouse year every 2.5 years, or would I be forced down the ILR Route?

Thanks for your time!
I suppose you could keep extending but then think of it as this way, you won't be free from immigration control until you have attained ILR.

In time requirements and circumstances do change and to be fair, if you have met the requirements and still continue to do so, then why wouldn't you apply for ILR? Long term, staying on a spousal visa extensions albeit paid for by the company is only prolonging the inevitable and that is eventually you will need to apply for ILRif you wish to permanently reside in the UK.

In my personal opinion, I just don't see a stable or balanced life in the UK while you have valid leave to remain looming on your head when you are eligible to apply for ILR.

Re: Keep extending spouse visa instead of ILR

Posted: Sun Apr 01, 2018 12:09 am
by vinny
If they want to pay FLR(M) fees, then fine. You may continue to extend.

If you are eligible and want to apply for SET(M), then ask your company if you can add the difference in the fees.

Or apply for FLR(M) by post and vary it to SET(M) before the decision. Pay for the difference in fees yourself.

Re: Keep extending spouse visa instead of ILR

Posted: Sun Apr 01, 2018 8:58 am
by Sam99999999
Thanks guys for the amazingly fast response.

CMOSUK - yes I’ve thought about the hassle just not being worth prolonging the inevitable also. However asking the question is more about the knowledge for bargaining power. I didn’t want to say to my company “fine you can just keep paying for my visa for eternity it will be a lot more expensive” for them to turn around and say “haha no you can’t you galah, HMRC won’t let you, suffer in ya jocks !!!” (Okay so my company will probably not respond exactly like that, it would be decidedly more British involving queues and politeness :lol: )

Vinny - did not think of the postal option with change before the decision. Is that tried and tested? I wouldn’t want to interfere with the company paid application then somehow make it void and need to start again.

Thanks again!

Re: Keep extending spouse visa instead of ILR

Posted: Sun Apr 01, 2018 10:11 am
by vinny
Many members have successfully varied their in-time postal applications.

Don't forget to do the KoLL for SET(M), prior to FLR(M), as passport is required.

Re: Keep extending spouse visa instead of ILR

Posted: Sun Apr 01, 2018 2:31 pm
by CR001
Surprised an employer has paid for your spouse visa etc and offering to pay in pertuity for it.

Any reason why you cannot pay for ILR yourself?? Presumably yourself and your ILR/British partner meet the financial requirements etc.

Re: Keep extending spouse visa instead of ILR

Posted: Sun Apr 01, 2018 8:32 pm
by 10020132
I have done it myself. I varied my application 5 years ago before the decision and they senr me the original fee back as a cheque
So i ended up paying the difference only

But one thing that you need to check is that whether they will return the money as a cheque to you or your company? It would be you if you originally paid and the company pid to you? But I dont know the situation if they pay directly on your behalf