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SPOUSE VISA EXTENSION SUPPORTING DOCUMENTS

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En17
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Joined: Thu Nov 16, 2017 9:25 am
United Kingdom

APPLYING FOR EXTENSION AFTER SPOUSE VISA EXPIRED

Post by En17 » Sat Jan 09, 2021 12:57 pm

Hi All,

I hope you are all well.

My wife has been in the UK on a spouse visa since April 2018, her 2.5 years expired on 21st December 2020.

She gave birth to our second child on 19th December and this was a difficult pregnancy with added fears and anxiety of Covid-19 as well as taking care of our 1 year old pretty much full time as I work full time. We knew her visa was due to expire in December, however with all the stress of being pregnant and taking care of a 1 year old she could not get around to preparing for the A2 English test which is a requirement for this extension. She had also been advised by her midwife to avoid any travel or contact with people outside of her bubble whilst pregnant.

Our child was born on 19th December which was 2 days prior to her visa expiring. Since giving birth, she has spent the past 2 weeks preparing for this test and has her test tomorrow (10/1/2021). If she passes the test we will submit the application as soon as we have the result as all our other documents are ready and complete. I have read about people being refused a visa on the grounds of overstaying and applying outside of the 14 day grace period.

What are the chances of this visa being refused? We plan to fully explain these circumstances in the application and also send a letter along with the supporting documents explaining this.

Any help or advice is much appreciated.

Thanks in advance.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: APPLYING FOR EXTENSION AFTER SPOUSE VISA EXPIRED

Post by secret.simon » Sat Jan 09, 2021 1:05 pm

En17 wrote:
Sat Jan 09, 2021 12:57 pm
What are the chances of this visa being refused? We plan to fully explain these circumstances in the application and also send a letter along with the supporting documents explaining this.
While I won't comment on the chances of her visa being refused, keep in mind that because the extension was not applied on or before the date of the previous visa expiry, she is currently an overstayer AND that her counter for acquiring ILR via the spousal route is reset to zero. So her five year journey towards ILR will restart when she is next issued a spousal visa.

The former (being an overstayer) can have implications for any NHS charges that are incurred and she may be billed at 150% of the NHS costs. And refusal or failure to pay for any costs billed may cause either a refusal or problems down the line.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

En17
Newly Registered
Posts: 16
Joined: Thu Nov 16, 2017 9:25 am
United Kingdom

Re: APPLYING FOR EXTENSION AFTER SPOUSE VISA EXPIRED

Post by En17 » Sat Jan 09, 2021 1:15 pm

Thanks.

Since the visa has expired she has not used the NHS and we have already paid the NHS surcharge of £1500 that would have been due when applying for this extension.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: APPLYING FOR EXTENSION AFTER SPOUSE VISA EXPIRED

Post by secret.simon » Sat Jan 09, 2021 1:17 pm

En17 wrote:
Sat Jan 09, 2021 1:15 pm
we have already paid the NHS surcharge of £1500 that would have been due when applying for this extension.
The IHS only covers the period after the subsequent visa has been issued (so if the visa is refused or withdrawn, for example, the IHS is refunded).

So it does not cover the period that your wife is an overstayer (which she is, at the moment).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Korekt
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Re: APPLYING FOR EXTENSION AFTER SPOUSE VISA EXPIRED

Post by Korekt » Sat Jan 09, 2021 11:45 pm

Are you saying you've paid IHS for an application you have not submitted?
"Facts are sacred. Opinions are free."

En17
Newly Registered
Posts: 16
Joined: Thu Nov 16, 2017 9:25 am
United Kingdom

SPOUSE VISA EXTENSION SUPPORTING DOCUMENTS

Post by En17 » Mon Jan 18, 2021 12:06 pm

Hi All,

I have 2 questions regarding the supporting documents for my wife's spouse visa extension after 2.5 years.

Firstly, we are proving the financial requirements via the self employed route. One of the requirements is a CT600 and 12 months bank statements covering that period. My business year runs from April to April and now that we are in January I obviously do not have the CT600 for the year April 2020 to April 2021, however I do have the CT600 for April 2019 to April 2020. What are we expected to do here? Submit the CT600 for the last full financial year with the bank statements? Should I still provide statements for the period after April 2020 to date? I have read a few times that UKVI do not like it when unnecessary documents are submitted so I just want to make sure I am sending the correct documents.

My second question is regarding the items of correspondence addressed to me and my wife jointly, UKVI require 6 items. The only thing we have is a joint account, can we submit 6 bank statements for our joint account or do these 6 items need to be from different sources?

Any help or advice is much appreciated.

Thanks in advance.

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