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Extension of Spouse visa - when to apply

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rajeshpathak
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Extension of Spouse visa - when to apply

Post by rajeshpathak » Fri Jul 29, 2016 1:22 pm

My wife came to uk on spouse visa in August 2011. She had leave to stay till October 2013. She applied for ILR in Sept. 2013. After that we developed some misunderstanding and we temporarily withdrew my support. Even though we reconcile our differences and I informed the Home Office of it they still did not give her ILR but extended her leave to remain till Sept. 2016. Due to her pregnancy and having a small baby she has not been able to pass her Life in UK test or Esol B1. She is now due to apply for an extension of her visa. She has done esol A1 test. We would like to know following -
1. How early she can apply for extension of her visa. Does she need to wait till only 28 days remaining of her visa.
2. Does she need to pay NHS surcharge?
3. If she gets her extension how soon she can apply for ILR after doing her English B1 and Life in UK test. Can her visa be changed to ILR at later date?
4. I am British citizen and we have 2 children for whom I receive Child benefit and Child tax credit. Does this affect her?
I should be grateful to have your views.

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Casa
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Re: Extension of Spouse visa - when to apply

Post by Casa » Fri Jul 29, 2016 1:28 pm

rajeshpathak wrote:My wife came to uk on spouse visa in August 2011. She had leave to stay till October 2013. She applied for ILR in Sept. 2013. After that we developed some misunderstanding and we temporarily withdrew my support. Even though we reconcile our differences and I informed the Home Office of it they still did not give her ILR but extended her leave to remain till Sept. 2016. Due to her pregnancy and having a small baby she has not been able to pass her Life in UK test or Esol B1. She is now due to apply for an extension of her visa. She has done esol A1 test. We would like to know following -
1. How early she can apply for extension of her visa. Does she need to wait till only 28 days remaining of her visa. She can apply FOR flr (M)at any time but this requires A1 level English.
2. Does she need to pay NHS surcharge? Yes £500
3. If she gets her extension how soon she can apply for ILR after doing her English B1 and Life in UK test. Can her visa be changed to ILR at later date? Yes. As soon as she meets the English language requirement.
4. I am British citizen and we have 2 children for whom I receive Child benefit and Child tax credit. Does this affect her?
I should be grateful to have your views.
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(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.

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CR001
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Re: Extension of Spouse visa - when to apply

Post by CR001 » Fri Jul 29, 2016 2:04 pm

She has done esol A1 test.
ESOL is no longer accepted and has been removed from the list last year. She needs to do IELTS at one of the HO approved test providers.
Char (CR001 not Casa)
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rajeshpathak
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Joined: Fri Jul 29, 2016 1:03 pm

Re: Extension of Spouse visa - when to apply

Post by rajeshpathak » Fri Jul 29, 2016 3:40 pm

First of all let me thank you for responding to my points so promptly. She has done her A1 before but just for the safe side she has done that again from the Trinity Collage London which I believe is still recognised. May I please raise another issue here? If and when she gets her extension what is the process for changing over it to ILR is there any short cut which saves money?

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Casa
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Re: Extension of Spouse visa - when to apply

Post by Casa » Fri Jul 29, 2016 3:49 pm

No short cut or savings I'm afraid. The current fee for SET(M) is £1,875 (postal) or £2,375 if applied for in person at a PSC.
(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.

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