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To extend stay

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nav1956
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Joined: Sat Feb 13, 2016 12:32 pm

To extend stay

Post by nav1956 » Sat Feb 13, 2016 12:51 pm

I am a British Citizen leaving in the UK. My wife lives with me and received a Residence Permit in Apr 2014, which is to expire this April. She needs to pass the Life in the UK to apply for permanent stay, but unfortunately she needs more time to pass this. She wishes to apply for an extension so that she can take her time to do the test. Which Form should she use to apply for this extension of her stay?
Your advice would be much appreciated.
Thank you.

nav1956

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: To extend stay

Post by Casa » Sat Feb 13, 2016 1:12 pm

FLR(M). When you say a 'residence permit', I assume you mean a spouse visa? If so, when did your wife submit her application as for all applications after 9th July 2012, the route to ILR is 5 years, i.e 2.5 + 2.5 years.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
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Re: To extend stay

Post by secret.simon » Sat Feb 13, 2016 1:16 pm

nav1956 wrote:My wife lives with me and received a Residence Permit
Did your wife get a spouse visa under the UK Immigration Rules (most likely) or did she get a Residence Card under the EEA Regulations by you doing the Surinder Singh route together?

If the former, which is more likely, your wife is not eligible for ILR till five years after the initial grant of the spouse visa. So, if she got the spouse visa for the first time in April 2014, she must apply for FLR(M) near the expiry of her first visa and will only be eligible for ILR in April 2019.

If the latter, she does not need to do Life in the UK test as she acquires PR automatically.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Casa
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Re: To extend stay

Post by Casa » Sat Feb 13, 2016 1:33 pm

@secret.simon I greatly respect your knowledge on the SS route, but don't family members who have been issued with a RC have to follow the EEA Regulations by applying for PR after 5 years and not FLR(M) and then ILR? :?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: To extend stay

Post by secret.simon » Sat Feb 13, 2016 3:06 pm

Casa wrote:@secret.simon I greatly respect your knowledge on the SS route, but don't family members who have been issued with a RC have to follow the EEA Regulations by applying for PR after 5 years and not FLR(M) and then ILR? :?
Oh absolutely. It was not clear from the OP's initial post whether his wife was in the UK under the Immigration Rules or the EEA Regulations and I outlined both possibilities.

Reflecting on my earlier post, I realise that it is somewhat ambiguous.
secret.simon wrote:If the latter, she does not need to do Life in the UK test as she acquires PR automatically.
To the OP; for greater clarity, if your wife is here with a Residence Card issued under the EEA regulations by virtue of you having exercised Surinder Singh, she will automatically acquire PR in April 2019 after five years of residing in the UK on the Residence Card.

Assuming that she got her initial visa after July 2012, the earliest she would be eligible for settlement under either route would be five years.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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