How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7672
Experience:  UK Lawyer holding practising certficate for England & Wales.
Type Your Immigration Law Question Here...
Thomas is online now

my wife and i live overseas i am a british citizen we have

This answer was rated:

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..
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
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

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

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
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,