Spouse Visa Extension!

[knowledge_seeker]

Hello

My wife's initial spouse visa will expire in July 2016. She is a doctor and applying for Foundation Year in July 2015. For this she needs to prove her right to work in the UK until at least August 2016. She can provide the proof to work until January 2016. So, I was wondering when is the earliest she can apply for extension?

Regards

[Casa]

If the visa was issued outside of the UK, your wife can apply no sooner than 28 days before her 2.5 year anniversary of arriving in the UK.

[WR1]

Casa, I believe if the application is made using FLR(M), then there is no time restriction as to when the extension can be applied for.

Obviously, its better to apply just before to the expiry of the current visa as the OP must bear in mind that if they apply too early, the 5 year probationary period won't be completed and they would have to apply for another extension in order to complete that period so they can apply for ILR.

[Casa]

WR1 thank you. On consideration I believe you're right, although there appears to be nothing in the Immigration Rules...although it may well be hidden in there somewhere As you've advised, it would require an additional extension later on to make up the short-fall.

[knowledge_seeker]

Thanks Casa and WR1 for the reply. So, if she applies for extension early and then once again to complete 5 years, will it effect her application for ILR?

[WR1]

Thanks Casa and WR1 for the reply. So, if she applies for extension early and then once again to complete 5 years, will it effect her application for ILR?

There will be no effect on her ILR application when the time comes.

The only thing to bear is that this is a costly method. You will be making two extensions instead of one in order to complete the 5 year probationary period, hence paying a additional extension fee as well as the health surcharge for the second extension.

[knowledge_seeker]

I understand, but is there any other way we can prove to her employer that she has the right to work and that she will get an extension? She does have the letter from HO which she got with her visa stating that she will be given 30 months extension at the end of her 32 month initial visa.

[WR1]

IMO, this is something your wife needs to discuss with the employer. Employer should be made aware that the route to settlement is a 5 year path with a extension of 2.5 years and all your wife can do is follow the procedure in accordance to the immigration rules. Hence, when she is granted further leave to remain when applicable, the employer will be notified.

I don't think the employer should be demanding more than this. If so, then I would advice you consult the citizens advice bureau who can assist further.

[Amber]

Call the BMA Immigration Advice service 020 7383 6133. You can extend at anytime, there maybe exceptions for those with leave under Appendix FM, the BMA ought to know.

[knowledge_seeker]

Thanks WR1 and Amber for your help.