Wife (USA citizen) returning to UK after 9-12 month absence, initial 2.5 year visa expired, COVID-19 complications

[KevHS]

Hello,

My apologies if something like this has been asked, but it's very hard to search for. Some brief backgound: I am a UK citizen. My wife is a USA citizen and we successfully applied for her to obtain a spouse visa in 2017 (she applied from Italy where she was resident at the time). She moved here and was resident from July 2017 to August 2019. In August 2019, she left to take up a temporary work position for 1 year back in the USA. Her residence permit/visa expired in April 2020 (has she been able to saty we would have applied for an extension). We were then looking at either myself moving to the USA based on her job search after this position ended, or her returning in August/September 2020 on a completely new visa.

However, now, as a result of jobs in her field drying up in the USA because of COVID-19, we are looking to return her to the UK, and we're somewhat unsure about possible routes (complicated by COVID-19 and centres for immigration being shut in the USA).

What are our options?

Some questions we had, any insight folk might have would be great:
1) Is it possible for her to enter on a tourist visa, and then stay and apply for a new visa from within the UK? As mentioned, we are already married and she is still on some paperwork here that may serve as proof-of-address.

2) Is there any way she could benefit from the announced extension of visas to May 31 as part of COVID-19 response? For instance, would it be possible - if she can return before May 31 - to then stay and apply for the renewal that orignally expired in April?

3) Given immigration centres may remain closed for some time, what are any potential blowbacks from doing (1)?

4) If (1) isn't possible is there another way she can enter from the USA and then begin her new visa application from within the UK?

As I say, any insight folk mgiht have would be appreciated.

[CR001]

1. No, she cannot apply for a spouse visa or any other visa while in the UK as a tourist. She must apply for a new entry clearance spouse visa meeting all the requirements again from the US.

2. The extension to 31st May applies to those who are in the UK and unable to leave due to the pandemic and flight restrictions.

3. There will be inevitable delays and backlogs however HO is still working, just not at full capacity.

4. No. Any 'other way' to enter the UK requires her to apply for a qualifying visa (not visitor/tourist), and the same delays will apply.

[KevHS]

I've been told by the Home Office Coronavirus immigration info helpline over the phone that she can apply for the extension despite being outside the UK - so the issue around (2) seems unclear. They told me the issues would then be clearance to travel rather than clearance to enter.

If she is able to return after having the visa extended she could presumably then go through the full renewal process from the UK?

[CR001]

Yes, she can apply for a visa, which would be an entry clearance visa, and would likely be considered an extension if applied for within 28 days of last visa expiry date. Given that the application centres are all currently closed and there are delays, this will still be a hurdle. Note also that she has been out of the UK for a long time and not only recently that she is now stuck aboard for example after a holiday to home country.

She cannot however, use the FLR(M) extension form to do this. She has to apply in the same way as she did for her original spouse visa using the out of the UK application form.