How early can I apply for the extension of my visa

[Rebecca17]

Hi there,

I am from NZ and arrived in the UK February 2015 on a Youth Mobility Visa. I was then granted Spouse visa August 2016 - expires March 2019.

Thats a total of 4 years.

Can I apply to extend my spouse visa a year before my current one expires? I dont want to have to pay for a spouse visa for 1 year and then ILR.

Thanks

[CR001]

Why would you want to do that?

You cannot count the time on Tier 5 YMS towards the 5 years your need for ILR.

You must spend 5 years in the UK on a Spouse visa to qualify for ILR.

[Rebecca17]

Well thank you I didn't know that I thought it was any amount of time you have spent continously in the UK legally.

What happens if my partner wanted to take time off work?

Does he have to be working for 5 years nonstop or as long as he can prove £18600 six months before applying.

[CR001]

5 years - no, you cannot combine different visa categories to make up 5 years. You can only do that for ILR based on 10 years long residence.

Eithere or combined income can be used for an extension, so no, he does not have to prove he is working for the full 5 years.

[Rebecca17]

We want to have kids but know we wont be able to prove £22000

What happens if I fell pregnant before i apply for second spouse visa would I have to abort it or what? I find it disgusting how they make you prove your earning a certain amount when people on the benefit have loads of kids just get given money (which is no where near £22000)!

Also once we have spouse visa can my partner work abroad?

[CR001]

Assuming your spouse is British, the children will be British automatically and therefore they are NOT includedin the financial requirement and you only need £18,600pa as you did for your first spouse visa.

[Rebecca17]

Right I get it so if you already have a child then you have to prove £22000 and yes he is.

Also is he able to work abroad once spouse visa is granted?

[Casa]

Right I get it so if you already have a child then you have to prove £22000 and yes he is. Only if the child isn't British

Also is he able to work abroad once spouse visa is granted? You already hold a spouse visa don't you? Your right to remain in the UK depends on your husband living here with you. This requirement will continue until you have been granted settlement (ILR). In 2019 before your current visa expires, you will have to apply for another 2.5 year extension when you will continue to be required to prove your relationship is subsisting and you are living together in the UK.