Spouse Visa Extn

[v_2sdas]

Hi,

My wife's visa is due to expire on 15th March 2016 and I am planning her extension either through in-person appointment or through the postal application. Few Queries on postal application process if I don't manage to get the online appointment.

Q1. Can the postal application can be made anytime prior to the expiry? For e.g a week before the expiry?

Q2. What will be the status of my spouse while the application is in progress?

Q3. In case we receive the rejected application, does that mean she has to leave the country straight away? Does she get some time to leave the country? How does it work?

Many thanks for your time.

Thanks,
SD

[CR001]

1. Yes, but she must apply and pay the IHS fee before her visa expires.

2. Her existing conditions of stay will continue until a decision is made.

3. She might get appear rights or she can ask for administrative review. It depends on what grounds her application is refused. It is the applicants responsibility to meet ALL the requirements, there is no discretion by HO>

[Casa]

Why are you concerned that her application may be refused?

[v_2sdas]

1. Yes, but she must apply and pay the IHS fee before her visa expires.

2. Her existing conditions of stay will continue until a decision is made.

3. She might get appear rights or she can ask for administrative review. It depends on what grounds her application is refused. It is the applicants responsibility to meet ALL the requirements, there is no discretion by HO>

CR001,
You have been a saviour to many and I knew you will come to my rescue. I understand that I have the right to appeal but I was preparing myself for the worst situation.

I was just worried that if we receive a rejected application, does she have to leave the country in 24 hours. Will she usually get few days for us to plan the next course of action? Please suggest?

[v_2sdas]

Why are you concerned that her application may be refused?

Many thanks for your response Casa. I was just preparing myself for the worst case scenario and understanding how it works?

Regards,
SD

[CR001]

She can either appeal if she is given appeal rights or ask for an administrative review or submit an new application addressing the points of refusal. She will not be told to 'leave within 24 hours'. You are overthinking things.

As I said, it really depends on IF they refuse and for WHAT reasons, some are more serious and difficult than others.

The best you can do is make sure you/she meets ALL the requirements, exactly the same ones she had to meet to get her initial spouse visa.

[v_2sdas]

She can either appeal if she is given appeal rights or ask for an administrative review or submit an new application addressing the points of refusal. She will not be told to 'leave within 24 hours'. You are overthinking things.

As I said, it really depends on IF they refuse and for WHAT reasons, some are more serious and difficult than others.

The best you can do is make sure you/she meets ALL the requirements, exactly the same ones she had to meet to get her initial spouse visa.

Many thanks CR001. You are a star!

Regards,
SD

[v_2sdas]

1. Yes, but she must apply and pay the IHS fee before her visa expires.

2. Her existing conditions of stay will continue until a decision is made.

3. She might get appear rights or she can ask for administrative review. It depends on what grounds her application is refused. It is the applicants responsibility to meet ALL the requirements, there is no discretion by HO>

Hi CR001,

One last point to reconfirm that there are no rules as such that the postal application has to be made prior to 30 days or so, right? It can anytime prior to the expiry!

Sorry to bug you with the same question!

Thanks for your time!

[CR001]

Any time before expiry. People usually apply for extensions within 28 days of expiry.

[v_2sdas]

Any time before expiry. People usually apply for extensions within 28 days of expiry.

Basically, my problem is I will only get some of the documents in the first week of March (corporation tax and stuff) as I have a limited company and her visa expires on 13 March. So, I can only apply it few days, probably 3-4 days in advance. Hence the additional assurance from you. Hope you understand

[CR001]

Does she work?

[Casa]

You could actually send your application (by recorded or registered post) on the day of expiry...although I wouldn't advise leaving it that late, just in case the Post Office staff go on strike.

The date of application is the date of posting, not the date it is received by the Home Office.

[v_2sdas]

Does she work?

No, I will be presenting all my documents for her extension. Any problems?

[CR001]

If she worked and earned enough, she could apply using her income.

[v_2sdas]

You could actually send your application (by recorded or registered post) on the day of expiry...although I wouldn't advise leaving it that late, just in case the Post Office staff go on strike.

The date of application is the date of posting, not the date it is received by the Home Office.

I agree Casa... You are absolutely right. Hence, I will be doing it 2-3 days in advance. Many thanks for providing the additional information. Much appreciated.

[v_2sdas]

Hi Casa / CR001,

Need your advice. As mentioned earlier, my documents will only be ready by the end of March 1st week due to Company accounting period ending on 29th feb 2016.

My wife's visa expires on 13th March. In case I manage to get a PEO appointment only on 9th or 10th of March, do you suggest going with it or rather opt for the Postal option?

My only worry is if the application is rejected for any reason during the PEO appointment, will I have enough time to take any action or she will have to leave by 13th March?

Many thanks for your time.

[tmehdi]

Hi I have been living in UK for 4 years with my wife she is a British Citizen I applied for the indefinite visa and they raised an objection that my wife is older than me and I should prove that I would not leave her, I love her and I don't want to leave her, I have appealed in the court my hearing date is on 5th April please advise what should I present to prove it.

Thanks!

[Wanderer]

Hi I have been living in UK for 4 years with my wife she is a British Citizen I applied for the indefinite visa and they raised an objection that my wife is older than me and I should prove that I would not leave her, I love her and I don't want to leave her, I have appealed in the court my hearing date is on 5th April please advise what should I present to prove it.

Thanks!

Four years?

[Casa]

You've tagged this onto another member's thread which is not only unfair but is also confusing. It bears no relationship to the subject content. Please start your own thread.

[Casa]

Hi Casa / CR001,

Need your advice. As mentioned earlier, my documents will only be ready by the end of March 1st week due to Company accounting period ending on 29th feb 2016.

My wife's visa expires on 13th March. In case I manage to get a PEO appointment only on 9th or 10th of March, do you suggest going with it or rather opt for the Postal option?

My only worry is if the application is rejected for any reason during the PEO appointment, will I have enough time to take any action or she will have to leave by 13th March?

Many thanks for your time.

it would be rare for an application to be rejected without it being passed to a caseworker with a higher level of authority for further checks. Your wife status would remain the same while these are being made.

[v_2sdas]

Thanks for your response Casa. I have heard that PEO appointment usually prefers to make spot decisions and give you options right away without much of further investigation.

Since, I will hardly have 1-2 working days after the PEO appointment (if I get it ) and before her visa expiry, hence the question if postal is preferred under the current circumstances.

Will appreciate your thoughts.Sorry to be a pain!

[v_2sdas]

Hi Casa / CR001,

Need your advice. As mentioned earlier, my documents will only be ready by the end of March 1st week due to Company accounting period ending on 29th feb 2016.

My wife's visa expires on 13th March. In case I manage to get a PEO appointment only on 9th or 10th of March, do you suggest going with it or rather opt for the Postal option?

My only worry is if the application is rejected for any reason during the PEO appointment, will I have enough time to take any action or she will have to leave by 13th March?

Many thanks for your time.

it would be rare for an application to be rejected without it being passed to a caseworker with a higher level of authority for further checks. Your wife status would remain the same while these are being made.

Thanks for your response Casa. I have heard that PEO appointment usually prefers to make spot decisions and give you options right away without much of further investigation.

Since, I will hardly have 1-2 working days after the PEO appointment (if I get it ) and before her visa expiry, hence the question if postal is preferred under the current circumstances.

Will appreciate your thoughts.Sorry to be a pain!

[Casa]

If you're not anxious to have an early decision, then apply by post. As I've highlighted previously, the application date is the day of posting.