*HELP*spouse visa extension or ILR?
Posted: Thu Mar 28, 2019 6:43 pm
Dear all,
My name is Yan and my spouse visa will expire in early May but I've been given different opinions about my next step to take so I'd like to as for help in hear. Thanks for your time and help in advance.
I first obtained my spouse visa on Feb 05, 2014 in overseas but due to some family issue I wasn't able to come to the UK until Aug 08, 2014. My first visa was valid for 33 month so it expires on Nov 05, 2016. I applied for extension in 2016 and got the new visa from Nov 01, 2016 to May 05, 2019. I wasn't away from the UK longer than the absence rule during the whole 4 year and 9 month and from the look of it I'm in short of 3 month and 3 days to apply for ILR accoring to the staying in 60 month rules. This year the NHS surcharge has doubled so that means I have to pay 1000 quids for the 3 month and something so I called home office hotline to enquire if it's possible to apply for a shorter period for my spouse vias extension and I was told for spouse visa extension it can only be 2.5 years but I could claim for partial refund for the over paid NHS surcharge if I apply for ILR immediately after I stay in the UK for over 60 month.
I doubted about the refund as on home office website it states that if someone applies for ILR he/she will not be entitled to any NHS surcharge refund so I asked an immigration solicitor's opinion on this. He told me it's not possible to obtain refund but I could try to apply for ILR as for spouse visa there's no restriction on absence, like in an extreme example I could come to the UK, leave for a year and come back, apply for an extension and apply for ILR when it's 5 years from my first entry, although my case it seems that my visa was not activated for 6 month after the visa issue date which makes my stay in the UK impossible to be over 60 month during my first and extension period totalling of 63 month. But he suggests that I apply for ILR as a try anyway as there is a provision in the Immigration Rules which states that if I make an application for ILR, but I do not qualify for ILR, I will qualify for another extension providing I meet the requirements. Given that the requirements are for ILR and Leave to Remain are almost identical, I can probably make the application for ILR and if it is refused, be granted another extension and home office will contact me to pay the NHS surcharge. I'm willing to give it a try if there's any chance that I'd be granted ILR but my concern is is it really possible and since the visa application fee is over 1000 pounds more expensive than the spouse visa extension, if I do it and got spouse visa extension and I still need to pay the NHS surcharge and the visa application fee for ILR when 60 month is complete then I'll pay 1000 pounds more than applying for spouse visa extension and then apply for ILR.
It's a lot of money so I can't really decide based on the information I have currently about this issue and it'd be highly appreciated if someone could help to make suggestion on this regards. Thanks.
My name is Yan and my spouse visa will expire in early May but I've been given different opinions about my next step to take so I'd like to as for help in hear. Thanks for your time and help in advance.
I first obtained my spouse visa on Feb 05, 2014 in overseas but due to some family issue I wasn't able to come to the UK until Aug 08, 2014. My first visa was valid for 33 month so it expires on Nov 05, 2016. I applied for extension in 2016 and got the new visa from Nov 01, 2016 to May 05, 2019. I wasn't away from the UK longer than the absence rule during the whole 4 year and 9 month and from the look of it I'm in short of 3 month and 3 days to apply for ILR accoring to the staying in 60 month rules. This year the NHS surcharge has doubled so that means I have to pay 1000 quids for the 3 month and something so I called home office hotline to enquire if it's possible to apply for a shorter period for my spouse vias extension and I was told for spouse visa extension it can only be 2.5 years but I could claim for partial refund for the over paid NHS surcharge if I apply for ILR immediately after I stay in the UK for over 60 month.
I doubted about the refund as on home office website it states that if someone applies for ILR he/she will not be entitled to any NHS surcharge refund so I asked an immigration solicitor's opinion on this. He told me it's not possible to obtain refund but I could try to apply for ILR as for spouse visa there's no restriction on absence, like in an extreme example I could come to the UK, leave for a year and come back, apply for an extension and apply for ILR when it's 5 years from my first entry, although my case it seems that my visa was not activated for 6 month after the visa issue date which makes my stay in the UK impossible to be over 60 month during my first and extension period totalling of 63 month. But he suggests that I apply for ILR as a try anyway as there is a provision in the Immigration Rules which states that if I make an application for ILR, but I do not qualify for ILR, I will qualify for another extension providing I meet the requirements. Given that the requirements are for ILR and Leave to Remain are almost identical, I can probably make the application for ILR and if it is refused, be granted another extension and home office will contact me to pay the NHS surcharge. I'm willing to give it a try if there's any chance that I'd be granted ILR but my concern is is it really possible and since the visa application fee is over 1000 pounds more expensive than the spouse visa extension, if I do it and got spouse visa extension and I still need to pay the NHS surcharge and the visa application fee for ILR when 60 month is complete then I'll pay 1000 pounds more than applying for spouse visa extension and then apply for ILR.
It's a lot of money so I can't really decide based on the information I have currently about this issue and it'd be highly appreciated if someone could help to make suggestion on this regards. Thanks.