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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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my wife and i live overseas i am a british citizen we have

Resolved Question:

my wife and i live overseas i am a british citizen we have received her spouse visa for uk but after discussing my retirement with my employers they have asked me to stay for a further 9 months.
i understand she can still enter the uk on this visa but of course she will not have completed 30 months on expiry can you advise what will likely happen when its time to renew and ultimately what happens after the extension because even then she will not have completed the 5 years when we need to apply for indefinite leave to remain, will i need to renew for another 30 month leave to remain, i am currently 64 years of age and by the time the first renewal is due i will be over 65 , i dont know if this will make any difference..
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
If you delay your entrance and resettlement to the uk by this length of time then it will be too long in order for her to apply for indefinite leave to remain when her further expires.
This means you will first have to apply for another period of simple leave to remain and then apply for indefinite once she reaches 5 years the uk.
I am sorry but once you are not able to reach 28 days short of the 5 years the rules are not at all
Kind regards
Tom
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Customer: replied 2 years ago.

sorry but the last sentence seems incomplete and i dont understand this point re 28 days?

Expert:  Thomas replied 2 years ago.
Sorry, it seems I missed the word "flexible" off from the final sentence.
The rules are not flexible, unless you are only 28 days short of the 5 years residence period then you cannot apply. Thus, your wife will unfortunately have to apply for further leave in order to reach the 5 years residence requirement
Tom
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom