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Keep extending spouse visa instead of ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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Sam99999999
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Joined: Sat Mar 31, 2018 11:41 pm
Australia

Keep extending spouse visa instead of ILR

Post by Sam99999999 » Sat Mar 31, 2018 11:53 pm

Hi guys,

I’m on a spouse visa (5yr Route) currently paid for by the company I work for. In 6 months I’ll have hit the 5 year mark on my spouse visa and will be eligible for ILR. HOWEVER my company have told me they do no pay for ILR applications, but they are happy to continue paying for the visas, even if it means it will be more expensive for them in the long run!

So... is there anything stopping me from just continually extending my spouse year every 2.5 years, or would I be forced down the ILR Route?

Thanks for your time!

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CMOSUK
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Re: Keep extending spouse visa instead of ILR

Post by CMOSUK » Sun Apr 01, 2018 12:07 am

Sam99999999 wrote:
Sat Mar 31, 2018 11:53 pm
Hi guys,

I’m on a spouse visa (5yr Route) currently paid for by the company I work for. In 6 months I’ll have hit the 5 year mark on my spouse visa and will be eligible for ILR. HOWEVER my company have told me they do no pay for ILR applications, but they are happy to continue paying for the visas, even if it means it will be more expensive for them in the long run!

So... is there anything stopping me from just continually extending my spouse year every 2.5 years, or would I be forced down the ILR Route?

Thanks for your time!
I suppose you could keep extending but then think of it as this way, you won't be free from immigration control until you have attained ILR.

In time requirements and circumstances do change and to be fair, if you have met the requirements and still continue to do so, then why wouldn't you apply for ILR? Long term, staying on a spousal visa extensions albeit paid for by the company is only prolonging the inevitable and that is eventually you will need to apply for ILRif you wish to permanently reside in the UK.

In my personal opinion, I just don't see a stable or balanced life in the UK while you have valid leave to remain looming on your head when you are eligible to apply for ILR.
These are my 'views' and 'opinions'.
If in doubt always seek professional advice, or at least do a search for the relevant information. :P

If i make any mistakes, You are more than welcome to correct me.


vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Keep extending spouse visa instead of ILR

Post by vinny » Sun Apr 01, 2018 12:09 am

If they want to pay FLR(M) fees, then fine. You may continue to extend.

If you are eligible and want to apply for SET(M), then ask your company if you can add the difference in the fees.

Or apply for FLR(M) by post and vary it to SET(M) before the decision. Pay for the difference in fees yourself.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Sam99999999
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Posts: 2
Joined: Sat Mar 31, 2018 11:41 pm
Australia

Re: Keep extending spouse visa instead of ILR

Post by Sam99999999 » Sun Apr 01, 2018 8:58 am

Thanks guys for the amazingly fast response.

CMOSUK - yes I’ve thought about the hassle just not being worth prolonging the inevitable also. However asking the question is more about the knowledge for bargaining power. I didn’t want to say to my company “fine you can just keep paying for my visa for eternity it will be a lot more expensive” for them to turn around and say “haha no you can’t you galah, HMRC won’t let you, suffer in ya jocks !!!” (Okay so my company will probably not respond exactly like that, it would be decidedly more British involving queues and politeness :lol: )

Vinny - did not think of the postal option with change before the decision. Is that tried and tested? I wouldn’t want to interfere with the company paid application then somehow make it void and need to start again.

Thanks again!

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Keep extending spouse visa instead of ILR

Post by vinny » Sun Apr 01, 2018 10:11 am

Many members have successfully varied their in-time postal applications.

Don't forget to do the KoLL for SET(M), prior to FLR(M), as passport is required.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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CR001
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Re: Keep extending spouse visa instead of ILR

Post by CR001 » Sun Apr 01, 2018 2:31 pm

Surprised an employer has paid for your spouse visa etc and offering to pay in pertuity for it.

Any reason why you cannot pay for ILR yourself?? Presumably yourself and your ILR/British partner meet the financial requirements etc.
Char (CR001 not Casa)
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10020132
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Joined: Thu Aug 16, 2012 2:20 pm

Re: Keep extending spouse visa instead of ILR

Post by 10020132 » Sun Apr 01, 2018 8:32 pm

I have done it myself. I varied my application 5 years ago before the decision and they senr me the original fee back as a cheque
So i ended up paying the difference only

But one thing that you need to check is that whether they will return the money as a cheque to you or your company? It would be you if you originally paid and the company pid to you? But I dont know the situation if they pay directly on your behalf

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