Renewal of Spouse Settlement Visa

[Deejo89]

Hi,
I hold a British Passport. My wife has UK Settlement Visa valid until Oct'2017 which was initially given for 33 months. I understand that she can renew her visa again for another 33 months from UK either by post or in person using premium service.

Suppose, if she travels to India during that period,
[*] can she apply for renewal from India?
[*] If so, will her ILR clock be reset again? i.e. will it be considered a new visa again?
[*] will she be given a visa for 30 days so that she has to collect her actual BRP from UK? currently she doesn't have a BRP, its a visa issued in Indian Passport by Jan'2015.

Your responses will be of great help, thanks!

[CR001]

Hi,
I hold a British Passport. My wife has UK Settlement Visa valid until Oct'2017 which was initially given for 33 months. I understand that she can renew her visa again for another 33 months from UK either by post or in person using premium service. It will be issued for 30 months.

Suppose, if she travels to India during that period,
[*] can she apply for renewal from India? No, this will be a new entry clearance. Extensions can only be applied within the UK>
[*] If so, will her ILR clock be reset again? i.e. will it be considered a new visa again? Probably yes
[*] will she be given a visa for 30 days so that she has to collect her actual BRP from UK? currently she doesn't have a BRP, its a visa issued in Indian Passport by Jan'2015. If she applies from India, she will get a 30 day visa and has to collect BRP. If she renews WITHIN the UK, the BRP card s part of the process, depending on how you apply.

Your responses will be of great help, thanks!

[Deejo89]

Thanks a lot for your quick response!

I understand that renewals have to be from UK. Can you advise when she can apply for a renewal from UK if we want to go via post (NOT premium service)? i.e. what is the least time before the current visa expiry (Oct 2017)?

So, that she can travel to India and come inside UK before the timeframe to apply for renewal.

Thanks!

[Deejo89]

Thanks a lot for your quick response!

I understand that renewals have to be from UK. Can you advise when she can apply for a renewal from UK if we want to go via post (NOT premium service)? i.e. what is the least time before the current visa expiry (Oct 2017)?

So, that she can travel to India and come inside UK before the timeframe to apply for renewal.

Thanks!

[CR001]

She should apply for her extension shortly before the 30 month residence mark, calculated from date of entry to the UK on spouse visa.

[Deejo89]

Sorry, I didn't understand your response fully. Please review my understanding.

She was initially given visa valid from 15th Jan 2015 to 15th Oct 2017 (33 months). Anyways, she travelled to UK for the first time only on 1st Aug 2016.

Now, when you say before the 30 month residence mark, should she apply for renewal from UK by 15th Jul 2017 i.e. when 30months are completed from the date visa was issued?

Thanks!

[CR001]

Residence is calculated from DATE OF ENTRY to the UK on a spouse visa NOT date of visa issue.

What date was her visa issued and what is the expiry date?

[Deejo89]

Visa valid from 15th Jan 2015 to 15th Oct 2017.
Date of entry into UK, 1st Aug 2016.

[CR001]

Visa valid from 15th Jan 2015 to 15th Oct 2017.
Date of entry into UK, 1st Aug 2016.

I am assuming you mean '15th Jan 2016' and not '15th Jan 2015'.

Her residence count starts from 1st August 2016. She can apply anytime before 15th October 2017 and this will be granted for 2.5 years, but she will likely need another extension as she has a shortfall of quite a few months to make up 5 years residence. She will only qualify for ILR from 2nd September 2021.

[Deejo89]

I was correct.

Her visa was issued in India. Its valid from 15th Jan 2015 until 15th Oct 2017 (i.e.) for 33 months. But she travelled only on 1st Aug 2016.

When her visa was given there was no rule that the person has to travel within 30 days.

Also, when you mention anytime before 15th Oct 2017, can we file for renewal even 5 months before the expiry? Thanks!

[CR001]

Given the severe shortfall she will have for ILR in the future, she can apply in 2017 5 months early, justifying it that she has travel. She will need a further extension anyway after the second one.

For each extension, she also has to pay the £500 immigration health surcharge on top of the visa application fee.

From October 2016, A2 English is required.

[Deejo89]

Thanks for your help!

FOR OBTAINING UK ILR:
[*] What is the maximum number of days my wife can spend outside of UK in a period of 5 years?
[*] What is the maximum number of days my wife can spend outside of UK in a period of 1 year?

[vinny]

The guidance relating to time spent outside the UK hasn't been updated yet.

[Deejo89]

Thanks CR001 & Vinny!

I called UK Immigration 0300 123 2241 to check whether my wife can apply to renew her Settlement Spouse Visa 3 months before the date of expiry (Oct 2017). They are stating that its not possible and renewal applications for this category can be submitted only 28 days before it expires.

Since I have to renew her visa 2 more times before she will become eligible for ILR, can I submit a new application from India without renewing this current visa?

Will there be any issues? Thanks!

[Casa]

Thanks CR001 & Vinny!

I called UK Immigration 0300 123 2241 to check whether my wife can apply to renew her Settlement Spouse Visa 3 months before the date of expiry (Oct 2017). They are stating that its not possible and renewal applications for this category can be submitted only 28 days before it expires.

Since I have to renew her visa 2 more times before she will become eligible for ILR, can I submit a new application from India without renewing this current visa?

Will there be any issues? Thanks!

Rubbish

Yet another example of the UKVI 'helpline' giving incorrect advice on a very simple immigration matter.

Your wife can submit a FLR(M) application at any time, but as CR001 has correctly advised, she will need an additional FLR(M) application before qualifying for ILR in order to make up any shortfall.