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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello, My wife is applying to extend her stay in the United

Customer Question

Hello,
My wife is applying to extend her stay in the United Kingdom.
The facts:
The visa is valid from November 12th 2012 to November 12th 2014
My wife first entered the United Kingdom on 3rd December 2012
Questions:
a) What is the proper route for her to use? I am confused whether it is:
Application to extend stay in the UK as a partner - https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-as-a-partner-form-flrm , or
Apply to remain in the UK with family - https://www.gov.uk/remain-in-uk-family/apply
Both routes above I believe use FLR(M) correct?
b) My wife applied for the visa on August 8th, 2012? However, they gave her a 2 year time period, whereas the literature I had read said that after 9 July 2012 (when new changes came into effect) all people granted spousal visas would get 2.5 year visa. I am just wondering why she got 2 years time period instead of 2.5 years and whether or not this means we can hopefully apply under the 2 year route (i.e. 3 years to citizenship vs. 5).
c) Can my wife use the premium service centre, or is it only if you are applying under the 5-year route?
Thanks,
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question, I will be happy to help you today.
In respect of your questions:
a) If your wife's application was submitted after July 2012 then she would not be issued a visa under the 2 year route and would need to complete 5 years as according to the new rules. I do not know why she was granted 2 years as usually even under the old rules visas are usually granted for 27 months ie 2 years plus 3 months, not exactly 2 years allowing the applicant to complete their affairs in their home country before traveling. In this case your wife should have been issued with a 33 months visa ie 2.5 years plus 3 months and not a 24 months visa.
b)She would need to apply for an extension of her current visa using form FLR M, please see following link:
https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-as-a-partner-form-flrm
c) Your wife is able to apply for a premium service for the extension of her current visa, which will be under the 5 year route.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Expert:  UK_Lawyer replied 3 years ago.

I hope this answers your question, if so kindly provide a rating so I can get credited for my time.

Kind regards

Customer: replied 3 years ago.

Hi Sir,

Just a few more clarifications than I can rate you as excellent and leave a tip.

a) Any thoughts whatsoever on why she was only granted two years validity? This is quite disturbing after what you mentioned and I wonder then if we would be allowed to go for the two year route? Or because we applied just after 9 July 2012 she is forced to go for the 5 year ruote (even though they were supposed to give here as you say a 33 month visa).

b) If we do go for the two year route, can we still go for the one day expedited service, or is this only available for 5 year route?

c) What is the difference between "Application to extend stay in the UK as a partner" and "Apply to remain in the UK with family"

Thanks,

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.
1. The only thing I can say is that due to her applying so soon after the rules change they issued her with a two year visa. It may have been due to an administrative error on behalf of the home office. But what I am certain of is that due to you applying after 9th July 2012, she would need to adhere to the new requirements and cannot be issued a visa under the old rules pre July 2012.
2. If you wish to pursue this matter under the old two year rules (which I would not recommend ) you can use the same day service for this if you wish.
3. The difference is the application to remain is for applicant's who are applying to switch to the spouse visa category from another visa, and application to extend is for those already on a spouse visa wishing to extend it. Essentially the applications are made using the same form.
I hope this clarifies the matter. I look forward to your rating.
Kind regards
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Sir,


 


 


Can I ask that if we apply under the two year route (i.e. in the hope that she gets ILR as per the old rules) but it is rejected, are we:


 


a) barred from re-applying under the 5 year route?


b) if not barred though, do we have to re-pay the fee for application.


 


 


Thanks,


 


 


 


 


 


 

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

1. If you apply under the old rule then you will not be barred from applying under the 5 year rule thereafter, but I would recommend that when you apply you have a few weeks left to run on your visa , this is to ensure that if the ILR is refused under the 2 year rule, you still have at least 2 weeks to re apply under the 5 year rule before the visa expires.

2. If your visa is refused, you would need to repay the application fees.

I hope this answers your question.

Kind regards
Customer: replied 3 years ago.

Hi Sir,


 


do you think it best to just apply and see what they give. I have gone through the form and nowhere does it ask what route you are applying under.


 


the only difference seems to be that for the 5 year route you need to show financial requirements


 


Thanks,


Christopher

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

I do not think that you should try and apply under the two year route because the chances of her being issued with indefinite leave to remain are very low, and it could cost you a significant amount in fees.

Yes you are correct the only difference are the financial requirements, these were introduced on 9th July 2012 and that is why any application made after this date needs to adhere to the financial requirements otherwise it will be refused.

Kind regards