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Spouse visa extension

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Marriage | Unmarried Partners | Fiancé | Ancestry

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urizwi
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United Kingdom

Spouse visa extension

Post by urizwi » Thu Feb 01, 2024 6:18 pm

Hi everyone,

I'm returning to this forum after 3 years. Thanks to the information and advice found here I was able to successfully submit my husband's first spouse visa application by myself. It's now time for the extension.

Below are a number of issues I'm concerned about:

According to the BRP the visa expires mid March. From my understanding the application can be submitted any time before the expiry date. Is that correct?

The financial requirement will be met through my husband's job alone. He is in full time salaried employment and receives minimum wage. This means he does meet the minimum annual income of £18,600. The proof of employment letter has all the relevant information but there are two areas I'm worried about. Instead of annual income they mentioned the hourly rate. And although he works 40 hours, the employer has only confirmed that the contract is a minimum of 20 hours for all employees. The payslips will show he is being paid for 40 hours but I'm concerned this letter may not satifsy the case worker.

We currently live with my parents in their council house. This is the same accommodation I showed last time with a letter from the housing association. Do we need to request another letter from them or can the first one be used again as its the same property?

And lastly I'd like to know if applying for a fee waiver negatively impacts the application. As I mentioned my husband is on a low income and we have two young children so it's really difficult to pay the visa fees.

That's all for now, thank you.

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CR001
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Re: Spouse visa extension

Post by CR001 » Thu Feb 01, 2024 6:39 pm

According to the BRP the visa expires mid March. From my understanding the application can be submitted any time before the expiry date. Is that correct?
Correct. But key question, when did he enter the UK on a spouse visa? Or if he switched within the UK, what date was it valid from? What you do not want to do is apply too early and end up with a shortfall later for ILR.
The financial requirement will be met through my husband's job alone. He is in full time salaried employment and receives minimum wage. This means he does meet the minimum annual income of £18,600. The proof of employment letter has all the relevant information but there are two areas I'm worried about. Instead of annual income they mentioned the hourly rate. And although he works 40 hours, the employer has only confirmed that the contract is a minimum of 20 hours for all employees. The payslips will show he is being paid for 40 hours but I'm concerned this letter may not satifsy the case worker.
It's fine.
We currently live with my parents in their council house. This is the same accommodation I showed last time with a letter from the housing association. Do we need to request another letter from them or can the first one be used again as its the same property?
You need a new letter.
And lastly I'd like to know if applying for a fee waiver negatively impacts the application. As I mentioned my husband is on a low income and we have two young children so it's really difficult to pay the visa fees.
Applying for a fee waiver is not guaranteed and the members have posted waiting in excess of 2 to 3 months for a decision if the fee waiver is accepted etc.You need to plan accordingly as the IHS fees will still be payable and they are increasing substantially next week on 6th February.
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urizwi
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Posts: 52
Joined: Tue Jan 12, 2021 7:46 pm
United Kingdom

Re: Spouse visa extension

Post by urizwi » Fri Feb 02, 2024 8:14 pm

Correct. But key question, when did he enter the UK on a spouse visa? Or if he switched within the UK, what date was it valid from? What you do not want to do is apply too early and end up with a shortfall later for ILR.
He entered the UK in July 2021. If we submit the application this week, he will have been here almost 31 months. I believe he needs a total of 60 months before he can apply for the ILR is that right?

There's a question in the application about the visa start date. This visa was approved in May 2021, BRP was issued in June, but he entered the country in July. So which of these dates is considered the start date? The end date is the BRP expiry date I assume.
You need to plan accordingly as the IHS fees will still be payable and they are increasing substantially next week on 6th February.
I'm so thankful you informed me of this! I had absolutely no idea. I only knew the financial requirement was due to increase in spring.

urizwi
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Posts: 52
Joined: Tue Jan 12, 2021 7:46 pm
United Kingdom

Re: Spouse visa extension

Post by urizwi » Fri Feb 02, 2024 9:45 pm

There's a question in the application about how my husband entered the UK. One says illegally the other says "I was granted temporary admission or bail at the UK border" and then there's an option for "other". I'm thinking the second one applies in this case?

AmazonianX
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Re: Spouse visa extension

Post by AmazonianX » Sat Feb 03, 2024 8:29 am

urizwi wrote:
Fri Feb 02, 2024 8:14 pm
Correct. But key question, when did he enter the UK on a spouse visa? Or if he switched within the UK, what date was it valid from? What you do not want to do is apply too early and end up with a shortfall later for ILR.
He entered the UK in July 2021. If we submit the application this week, he will have been here almost 31 months. I believe he needs a total of 60 months before he can apply for the ILR is that right? Correct

There's a question in the application about the visa start date. This visa was approved in May 2021, BRP was issued in June, but he entered the country in July. So which of these dates is considered the start date? The end date is the BRP expiry date I assume. On spouse route, the count starts from date of entry into UK
You need to plan accordingly as the IHS fees will still be payable and they are increasing substantially next week on 6th February.
I'm so thankful you informed me of this! I had absolutely no idea. I only knew the financial requirement was due to increase in spring.

urizwi
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Re: Spouse visa extension

Post by urizwi » Wed Feb 07, 2024 5:05 pm

Thank you CR001 and AmazonianX

After reading and re-reading the Appendix FM guidance I'm unsure if we meet the financial requirement now. However since the visa is due to expire next month we had no choice but to submit the application.

My husband's usual pay meets the minimum threshold because he earns £10.42/hour and usually works 40 hours a week, as well as overtime. (I think his is a non-salaried employment because although he has a minimum 20 hour permanent contract, his income varies month to month but is usually between £1500-1700).

Based on that he was above the minimum threshold every month except for the last 2 months prior to the application being submitted. In December and January his company paid him for half the hours he usually works. This was because they were hiring additional staff and were readusting the rota. He is back to full time again.

But I believe the damage has been done. Is there any possibility of them overlooking the last 2 months and use the 6 months prior to them as the basis to check the income. Or would supporting letters to explain this help in any way?

I'm hoping the fact we have two children (both British) might support our case. My youngest who is a few months old has been diagnosed with a life-long health condition. I have mentioned this in the application too. Do you think these reasons will help us?

Any advice on this would be appreciated. We have some time to submit the documents before the appointment. If there's anything we can add to the evidence that can help please let me know.

I haven't yet booked the appointment. Is there a deadline for that? The application was submitted on 5th February.

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Ticktack
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Re: Spouse visa extension

Post by Ticktack » Thu Feb 08, 2024 9:56 am

urizwi wrote:
Wed Feb 07, 2024 5:05 pm
Thank you CR001 and AmazonianX

After reading and re-reading the Appendix FM guidance I'm unsure if we meet the financial requirement now. However since the visa is due to expire next month we had no choice but to submit the application.

My husband's usual pay meets the minimum threshold because he earns £10.42/hour and usually works 40 hours a week, as well as overtime. (I think his is a non-salaried employment because although he has a minimum 20 hour permanent contract, his income varies month to month but is usually between £1500-1700).

Based on that he was above the minimum threshold every month except for the last 2 months prior to the application being submitted. In December and January his company paid him for half the hours he usually works. This was because they were hiring additional staff and were readusting the rota. He is back to full time again.

But I believe the damage has been done. Is there any possibility of them overlooking the last 2 months and use the 6 months prior to them as the basis to check the income. Or would supporting letters to explain this help in any way?

I'm hoping the fact we have two children (both British) might support our case. My youngest who is a few months old has been diagnosed with a life-long health condition. I have mentioned this in the application too. Do you think these reasons will help us?

Any advice on this would be appreciated. We have some time to submit the documents before the appointment. If there's anything we can add to the evidence that can help please let me know.

I haven't yet booked the appointment. Is there a deadline for that? The application was submitted on 5th February.
They're definitely not going to kick your spouse out of the country. If he doesn't meet the criteria based on the assessment of the HO (which I can't say), he would be placed on the 10 years path to ILR.
Sad to say, but I don't think the health condition of your child would help in this regards. It would help to keep him in the country, but that's where it ends.
No sin in failing, you just have to try and try again!

urizwi
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United Kingdom

Re: Spouse visa extension

Post by urizwi » Thu Feb 08, 2024 8:12 pm

Thank you for your input. I hope you are right. The 10 year route is not ideal but its better than a refusal. My husband's had this job for 2 years now, so its a stable, permanent job.

urizwi
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United Kingdom

Re: Spouse visa extension

Post by urizwi » Sat Feb 10, 2024 1:56 am

About the bank statements, when I asked Barclays for original statements they said the online PDF ones are now the same. I mentiond we need them for a visa application and they said the Home Office will accept these.

I'm taking their word for it but the guidelines say electronic statements should be certified. Does anyone know about this?

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Ticktack
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Re: Spouse visa extension

Post by Ticktack » Sat Feb 10, 2024 8:35 am

urizwi wrote:
Sat Feb 10, 2024 1:56 am
About the bank statements, when I asked Barclays for original statements they said the online PDF ones are now the same. I mentiond we need them for a visa application and they said the Home Office will accept these.

I'm taking their word for it but the guidelines say electronic statements should be certified. Does anyone know about this?
Online copies are accepted, and has been accepted for many, many years.
No sin in failing, you just have to try and try again!

urizwi
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Posts: 52
Joined: Tue Jan 12, 2021 7:46 pm
United Kingdom

Re: Spouse visa extension

Post by urizwi » Sat Feb 10, 2024 4:48 pm

Thank you TickTack.

Can anyone else weigh in regarding my initial post about the financial requirement. The employer will provide a letter to explain the temporary decrease in income for the last 2 months. And they will confirm that my husband ordinarily works 40+ hours and earns on average £1660.

This letter will be dated after the application. But since it's a supporting letter does it matter? From my understanding only documents like bank statements, payslips, test certificates etc need to be dated before the application date.

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