Spouse Visa Extension

[mt2022]

Dear Sir/Madam,
My son and I hold British citizenship. However, My wife is on a spouse visa (2.5 years ) and it will expire on 02/07/2022. She would like to travel back home (Nepal) with my son in June 2022 after making an application for a visa extension. Please see the question below.
Can she travel back home with my son once she had made an application in the UK as it is expensive to make an application from outside the UK?

Kindly note I will send her a new BRP card to Nepal with someone once I have received it so that she will come back.

Thank you.

Kind regards
mt2022

[Casa]

Dear Sir/Madam,
My son and I hold British citizenship. However, My wife is on a spouse visa (2.5 years ) and it will expire on 02/07/2022. She would like to travel back home (Nepal) with my son in June 2022 after making an application for a visa extension. Please see the question below.
Can she travel back home with my son once she had made an application in the UK as it is expensive to make an application from outside the UK?

Kindly note I will send her a new BRP card to Nepal with someone once I have received it so that she will come back.

Thank you.

Kind regards
mt2022

If your wife travels outside of the UK while her visa extension is pending, the application will be withdrawn by the HO.

A FLR(M) application can only be submitted from within the UK.

[mt2022]

Hi,
Thank you for the prompt reply. How would homeoffice know that my wife has left the country while her visa is pending. She would like the country once the BRP has been done. Please reply.
Thank you.

[Casa]

What do you mean by the sentence below ?

She would like the country once the BRP has been done. Please reply.
Thank you.

[mt2022]

I mean she will leave the country once the biometric has been taken. Thank you.

[mt2022]

Dear Casa,
I mean how would HO know if my wife go back home?
Kindly note that she will leave the UK after making an application for spouse visa extension and getting her biometric done. In addition, we will be making an online application so that we can keep biometric card and passport to travel.
I will send the biometric card(visa) to Nepal with someone so that she can come back.
Is there going be an issue if I get her to do this?
I would be extremely grateful if you could reply ASAP.
Thank you.
Kind regards
MT2022

[Casa]

I mean she will leave the country once the biometric has been taken. Thank you.

From the Immigration Rules:

34K. Where a decision on an application for permission to stay has not been made and the applicant travels outside the common travel area their application will be treated as withdrawn on the date the applicant left the common travel area.

If you leave the Common Travel Area before the Home Office makes a decision on your immigration application, your application for further leave to remain or indefinite leave to remain will automatically be treated as withdrawn.

Although the change in the Rules now allows her to keep her passport, as stated in the passage above, travelling outside of the Common Travel Area while the application is being processed isn't permitted.
She would have no legal right to re-enter the UK.

Your wife's immigration history and the outstanding visa application will be held on the UKVI system and will flag-up when she arrives at UK Border Control.

[Casa]

Further to your question regarding how the Home Office will know your wife has left the UK, please see below:

From 8 April 2015, we will collect information on passengers leaving the UK as we do for those entering. Exit checks will provide us with vital information that confirms a person's exit from the UK

[CR001]

Also note that if she leaves and her applications is withdrawn, you lose the visa fees paid.

[mt2022]

Dear Casa,
Thank you very much for your replies. In this case, can my wife leave the UK by 02/07/2022 and make an application from outside the UK (Nepal) when she would like to come back to the UK? Is there going to be any issue if she would like make an application to extend her visa from outside the UK?
Kindly note her current visa expires on 02/07/2022.

[Casa]

Dear Casa,
Thank you very much for your replies. In this case, can my wife leave the UK by 02/07/2022 and make an application from outside the UK (Nepal) when she would like to come back to the UK? Is there going to be any issue if she would like make an application to extend her visa from outside the UK?
Kindly note her current visa expires on 02/07/2022.

As I advised in an earlier post, an application for FLR(M) can only be submitted when your wife is in the UK.

[mt2022]

Yes,sure. Thank you.

[mt2022]

Dear Sir/Madam,
My wife current spouse visa expires on 02/07/2022.
I am wondering how early I can apply as I am willing to apply today?
What if I apply more than 28 days in advance to extend her visa?
Kindly note I hold British citizenship. Thank you.
Please reply
Kind regards
MT2022

[Casa]

Dear Sir/Madam,
My wife current spouse visa expires on 02/07/2022.
I am wondering how early I can apply as I am willing to apply today?
What if I apply more than 28 days in advance to extend her visa?
Kindly note I hold British citizenship. Thank you.
Please reply
Kind regards
MT2022

Your British citizenship is irrelevant. Your wife can submit her FLR(M) application 28 days prior to the expiry date on her current visa.

[mt2022]

Thank you

[Ticktack]

Dear Sir/Madam,
My wife current spouse visa expires on 02/07/2022.
I am wondering how early I can apply as I am willing to apply today?
What if I apply more than 28 days in advance to extend her visa?
Kindly note I hold British citizenship. Thank you.
Please reply
Kind regards
MT2022

Also note that if you apply too early, it would have a ripple effect. This means that your extension might also expire early. Hence your wife would run out of a visa before she's due for ILR. Then you'll start to troubleshoot. Knock-on effect!

[Casa]

What date did your wife enter the UK on her current visa?