ILR Visa Gap

[Haryho]

Hi

My wife's visa is about to expire by Mid Nov and due to be renewed as T2G dependant,
she's out of the country currently and planning to come back in January so was thinking to apply for extension in December which is after her visa expires.
will this cause in problems in her future ILR application? does she have to apply for extension before her current visa expires??

Thanks in adnvance

[Casa]

Your wife can only apply for an extension if she holds a valid visa. This won't be possible if her visa has already expired.

Neither can she apply for an extension from outside of the UK. If she doesn't return before her current visa expires she will have to apply for a new entry clearance visa which will re-set her immigration clock to zero.

[Haryho]

Your wife can only apply for an extension if she holds a valid visa. This won't be possible if her visa has already expired.

Neither can she apply for an extension from outside of the UK. If she doesn't return before her current visa expires she will have to apply for a new entry clearance visa which will re-set her immigration clock to zero.

Thanks Casa

Sorry I'm a bit confused, and panicked now to be honest,

She already has a T2G dependant which is about to expire mid Nov,
Last week I changed my employer and got my stay extended while she's out of the country,
The plan is that she'll apply for the new dependant visa before her current one expires, so wouldn't that be considered as an extension?

Timeline:
April 16: she had T2G dependant valid until 15th Nov 17
May 16 - Sept 17 -> she's in the UK
Sept 17 - Current -> outside the UK

[Casa]

Your wife can only apply for an extension if she holds a valid visa. This won't be possible if her visa has already expired.

Neither can she apply for an extension from outside of the UK. If she doesn't return before her current visa expires she will have to apply for a new entry clearance visa which will re-set her immigration clock to zero.

Thanks Casa

Sorry I'm a bit confused, and panicked now to be honest,

She already has a T2G dependant which is about to expire mid Nov,
Last week I changed my employer and got my stay extended while she's out of the country,
The plan is that she'll apply for the new dependant visa before her current one expires, so wouldn't that be considered as an extension? No. It would be a new entry clearance application. As I've mentioned, it's not possible to apply for an extension from outside of the UK.

Timeline:
April 16: she had T2G dependant valid until 15th Nov 17
May 16 - Sept 17 -> she's in the UK
Sept 17 - Current -> outside the UK

You should also be prepared for a delay in her return to the UK as the application may well take some time to process.

[Haryho]

Your wife can only apply for an extension if she holds a valid visa. This won't be possible if her visa has already expired.

Neither can she apply for an extension from outside of the UK. If she doesn't return before her current visa expires she will have to apply for a new entry clearance visa which will re-set her immigration clock to zero.

Thanks Casa

Sorry I'm a bit confused, and panicked now to be honest,

She already has a T2G dependant which is about to expire mid Nov,
Last week I changed my employer and got my stay extended while she's out of the country,
The plan is that she'll apply for the new dependant visa before her current one expires, so wouldn't that be considered as an extension? No. It would be a new entry clearance application. As I've mentioned, it's not possible to apply for an extension from outside of the UK.

Timeline:
April 16: she had T2G dependant valid until 15th Nov 17
May 16 - Sept 17 -> she's in the UK
Sept 17 - Current -> outside the UK

You should also be prepared for a delay in her return to the UK as the application may well take some time to process.

Thanks Casa, I genuinely appreciate your prompt response.

[Casa]

If possible it would be wise for your wife change her travel plans and return before her current visa expires. She would then be able to submit an extension application from within the UK without a break in her qualifying residence for ILR.

[Haryho]

If possible it would be wise for your wife change her travel plans and return before her current visa expires. She would then be able to submit an extension application from within the UK without a break in her qualifying residence for ILR.

That's what we're currently arranging, however we have the following concerns:

1. If she fly to UK tomorrow she'll only have one day left in her visa, will the border controls let her in if she showed them a copy of my new BRP and told them the story?

2. We then will have to submit the online application for her and the kids tomorrow, will it be problem if we go with the "by post" service which takes up to 8 weeks, will it impact her ILR in the future?

Thanks Casa

[Haryho]

If possible it would be wise for your wife change her travel plans and return before her current visa expires. She would then be able to submit an extension application from within the UK without a break in her qualifying residence for ILR.

ِApologies again, will her visa still be valid as I've changed my employer, I searched the forum and it looks like different people get different answers, however with my situation, if the board control became aware that I've changed my employer wouldn't that then ring the alarm that my dependant visa might be unvalid?

[Casa]

A Dependent visa isn't linked to the Sponsor, only your visa is. Your wife's visa will continue to be valid until the expiry date.
As added re-assurance this earlier post from Frontier Mole confirms this:
The dependants first grant of leave will be in line with the main applicants leave. That leave continues until it expires unless the main applicants leave is curtailed.
There is no requirement to reapply for dependent leave because there has been a change of employer.
The dependent visa is not linked to Sponsor only the main applicant is.


She can apply by post and as the date of posting is the application date, as long as she posts the application before or on the expiry date her Section 3 leave will continue while the application is being processed. Send the application by Registered or Recorded post and keep the receipt.

One word of caution. Be aware that the Home Office 'help line' is well known for giving incorrect advice, even on the simplest of immigration issues. The service is contracted out to agency staff who have a very limited knowledge of the Immigration Rules and will take no responsibility for giving the wrong information.

[Haryho]

A Dependent visa isn't linked to the Sponsor, only your visa is. Your wife's visa will continue to be valid until the expiry date.
As added re-assurance this earlier post from Frontier Mole confirms this:
The dependants first grant of leave will be in line with the main applicants leave. That leave continues until it expires unless the main applicants leave is curtailed.
There is no requirement to reapply for dependent leave because there has been a change of employer.
The dependent visa is not linked to Sponsor only the main applicant is.


She can apply by post and as the date of posting is the application date, as long as she posts the application before or on the expiry date her Section 3 leave will continue while the application is being processed. Send the application by Registered or Recorded post and keep the receipt.

Brilliant thanks,
So there shouldn't be problem at all at the border controls if she told them I've changed my sponsor and she's here to extend her stay?

[Casa]

No issue and there's no need to explain your change of employer. The Border Officer will only want to see a valid visa for entry.

[Haryho]

No issue and there's no need to explain your change of employer. The Border Officer will only want to see a valid visa for entry.

Brilliant thanks! you're a star

[Casa]

No issue and there's no need to explain your change of employer. The Border Officer will only want to see a valid visa for entry.

Brilliant thanks! you're a star

You're welcome.