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Spouse Visa Extension - URGENT help needed with some queries

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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UKApplicant2020
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Spouse Visa Extension - URGENT help needed with some queries

Post by UKApplicant2020 » Tue Oct 09, 2018 11:43 pm

Hi

My wife is currently on PBS Dependant visa which is due to expire in Nov 2018. When she applied for an extension last time in 2015, I was on ILR at the time, but now I have a British passport. Would be a HUGE help if someone can please help me with the following queries.

1. Should we be now applying for Spouse visa (partner of British citizen)? I don't see the point of PBS Dependant extension but someone confused me by suggesting so.

2. We got married in 2014 and my wife changed her surname last month itself. Can you please confirm if she will need to get the current BRP (or any other document) updated first before applying for visa extension as a Spouse, or can she just apply for the extension and her new name will be considered? Please note that her renewed Indian passport has already got her new name on it.

3. The form has a section which asks about the date when the name was legally changed? Would it be the date when her new Indian passport was made or some other date? Are we required to legally change the name in UK somehow?

4. We have been living at our rented London house for last 3+ years. However, I uses my sister's address as the main correspondence address, so all my bank statements etc. go on that address. Plus as all our bills are included in the apartment rent, we will not have 4 sets of documents to provide as address proof with both of our names on it. We however can provide Council tax and Rent agreement with both names on it. Can you please tell what we can do as an alternative?

5. Looks like that now even for extension she has to proof her English skills. Looking at the UK naric site, I am confused which service to go for (1. Statement of Comparability OR 2. English Language Assessment OR 3. Visas & Citizenship Services) Or would it be better just to give English test? Again, if have to give English test, whats the best test that would work for this extension and will be valid for her ILR extension next year too.

Looking forward to some response.

Many many thanks in advance!

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CR001
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Re: Spouse Visa Extension - URGENT help needed with some queries

Post by CR001 » Wed Oct 10, 2018 7:03 am

If you switch her visa to spouse of British citizen then her clock for ILR resets to zero and a new 5 year route (2 x 2.5 year visas) before she can apply for ILR.

If you got ILR based on pbs route 5 years residence, she should continue on pbs dependent visa and extension to keep her ILR qualifying residence in tact. The rules allow this.

If she has changed her passport, she can apply in her married name if she applies for an extension soon.
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UKApplicant2020
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Re: Spouse Visa Extension - URGENT help needed with some queries

Post by UKApplicant2020 » Thu Oct 11, 2018 12:12 pm

Thanks very much CR001. I was looking at the wrong application process.
Glad I checked.... phew!

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