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When to apply for extension of spouse visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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lynette10
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Posts: 2
Joined: Tue Aug 08, 2017 12:16 am

When to apply for extension of spouse visa

Post by lynette10 » Tue Aug 08, 2017 12:37 am

Hi
I am currently on UK spouse visa which is valid until 10 Feb 18. I have read from the GOV.UK website that it says below:

-When you can apply to extend or switch

The earliest you can apply is 28 days before your current permission (called ‘leave to remain’) expires. Any time you have left will be added to your new permission to stay, up to a maximum of 28 days.

Then there is a section saying below:

-When you can’t apply for a family visa

Your family member has a temporary visa as a worker or student

Apply to stay with your family member as a dependant if they are in the UK on a work visa or student visa.

Your current visa is a visitor visa or for 6 months or less

You can’t usually switch to a family visa if:
•you have permission to be in the UK as a visitor
•your current visa is for 6 months or less - unless you got your visa to get married or become civil partners, or you were given permission to stay in the UK to wait for the outcome of a family court case or divorce

You’ll usually need to leave the UK and apply for a family visa from outside.

My question: Why does it say I can apply at the earliest 28 days before expiry and yet it says I can't apply if my current visa is for 6 months or less?

I would be grateful if you could reply and advise what this actually mean. I am well worried that my current spouse visa is less than 6 months now.

Thank you in advance
Lynette

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Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: When to apply for extension of spouse visa

Post by Casa » Tue Aug 08, 2017 8:08 am

lynette10 wrote:Hi
I am currently on UK spouse visa which is valid until 10 Feb 18. I have read from the GOV.UK website that it says below:

-When you can apply to extend or switch

The earliest you can apply is 28 days before your current permission (called ‘leave to remain’) expires. Any time you have left will be added to your new permission to stay, up to a maximum of 28 days.

Then there is a section saying below:

-When you can’t apply for a family visa

Your family member has a temporary visa as a worker or student

Apply to stay with your family member as a dependant if they are in the UK on a work visa or student visa.

Your current visa is a visitor visa or for 6 months or less

You can’t usually switch to a family visa if:
•you have permission to be in the UK as a visitor
•your current visa is for 6 months or less - unless you got your visa to get married or become civil partners, or you were given permission to stay in the UK to wait for the outcome of a family court case or divorce

You’ll usually need to leave the UK and apply for a family visa from outside.

My question: Why does it say I can apply at the earliest 28 days before expiry and yet it says I can't apply if my current visa is for 6 months or less? If your current visa WAS ISSUED for 6 months or less. Not 6 months or less remaining :idea:

I would be grateful if you could reply and advise what this actually mean. I am well worried that my current spouse visa is less than 6 months now.

Thank you in advance
Lynette
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

lynette10
Newly Registered
Posts: 2
Joined: Tue Aug 08, 2017 12:16 am

Re: When to apply for extension of spouse visa

Post by lynette10 » Tue Aug 08, 2017 10:47 pm

Thank you Casa for the reply, much appreciated :-)

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