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Visa extension and redundancy

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Captsx1
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Visa extension and redundancy

Post by Captsx1 » Fri Feb 15, 2019 9:01 am

Good Morning,

Looking for some advice. I moved back to the UK in 2016 and brought my American wife with me. She came on a spousal visa and as it was under an inter-company transfer the financial requirements were easily met based on what I had earned previously and that I had a signed contract making enough to meet the £18,600 annually.

Its extension time now, in less than a month. I was made redundant at the end of last year because the company pulled out of the local area. I have been trying to get employment, mostly unsuccessfully, but about to have a final interview with a new company in around 10 days and I am their number one candidate. The problem is that there is a good chance that I will not have a signed contract before my wife's visa expires. We are getting towards our wits end. What options are available in this scenario? We know there is a 14-day window for late filing, but requires a good reason, what is a good reason?

Any comments and advice would be welcome.
Regards
~captsx1

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CR001
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Re: Visa extension and redundancy

Post by CR001 » Fri Feb 15, 2019 9:07 am

Does your wife work?

You must apply before her visa expires. The 14 day grace is for compassionate circumstances, ie she is hospitalised and unable to apply or death in family etc.

Also note that you are required to submit 6 months payslips and 6 months corresponding bank statement which are the most recent prior to the date of application. If she doesn't work and you haven't been working, you won't meet this requirement.
Char (CR001 not Casa)
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Captsx1
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Re: Visa extension and redundancy

Post by Captsx1 » Fri Feb 15, 2019 9:14 am

CR001 wrote:
Fri Feb 15, 2019 9:07 am
Does your wife work?

You must apply before her visa expires. The 14 day grace is for compassionate circumstances, ie she is hospitalised and unable to apply or death in family etc.

Also note that you are required to submit 6 months payslips and 6 months corresponding bank statement which are the most recent prior to the date of application. If she doesn't work and you haven't been working, you won't meet this requirement.
Thanks for your reply. Ok on the grace period, i couldn't find any details around it.

No she doesn't work. Hasn't need too. As for 6-months of salary/pay slips, in reading the governments website for less than 6-mo working, they take into consideration previous 12 months pay, plus what the new role will provide, which is the method by how we got the initial visa

Regards
Captsx1

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CR001
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Re: Visa extension and redundancy

Post by CR001 » Fri Feb 15, 2019 9:28 am

in reading the governments website for less than 6-mo working, they take into consideration previous 12 months pay, plus what the new role will provide, which is the method by how we got the initial visa
My understanding is that it applies to entry clearance visas and not extensions. For extensions you need to prove you are employed and meet the financial requirements at the time of application.

Do you have any savings??

https://assets.publishing.service.gov.u ... _Final.pdf
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Visa extension and redundancy

Post by Captsx1 » Fri Feb 15, 2019 9:37 am

CR001 wrote:
Fri Feb 15, 2019 9:28 am
in reading the governments website for less than 6-mo working, they take into consideration previous 12 months pay, plus what the new role will provide, which is the method by how we got the initial visa
My understanding is that it applies to entry clearance visas and not extensions. For extensions you need to prove you are employed and meet the financial requirements at the time of application.

Do you have any savings??

https://assets.publishing.service.gov.u ... _Final.pdf
Thats the file I read. I didn't see anywhere that it pertains to first time visas only? As for savings yes, just not enough.

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CR001
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Re: Visa extension and redundancy

Post by CR001 » Fri Feb 15, 2019 9:48 am

Captsx1 wrote:
Fri Feb 15, 2019 9:37 am
CR001 wrote:
Fri Feb 15, 2019 9:28 am
in reading the governments website for less than 6-mo working, they take into consideration previous 12 months pay, plus what the new role will provide, which is the method by how we got the initial visa
My understanding is that it applies to entry clearance visas and not extensions. For extensions you need to prove you are employed and meet the financial requirements at the time of application.

Do you have any savings??

https://assets.publishing.service.gov.u ... _Final.pdf
Thats the file I read. I didn't see anywhere that it pertains to first time visas only? As for savings yes, just not enough.
5.2 refers to applications for entry clearance where overseas income AND a confirmed job offer in the UK is accepted for the British sponsor. It doesn't apply to visa extensions within the UK.

5.1 and 5.3 is relevant to extensions. 5.1 clearly states employment 6 months prior to date of application. 5.3 states 12 months employment at date of application if you have worked for more than 1 employer in the 12 months.

This is my understanding.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Captsx1
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Re: Visa extension and redundancy

Post by Captsx1 » Fri Feb 15, 2019 10:22 am

CR001 wrote:
Fri Feb 15, 2019 9:48 am
Captsx1 wrote:
Fri Feb 15, 2019 9:37 am
CR001 wrote:
Fri Feb 15, 2019 9:28 am
in reading the governments website for less than 6-mo working, they take into consideration previous 12 months pay, plus what the new role will provide, which is the method by how we got the initial visa
My understanding is that it applies to entry clearance visas and not extensions. For extensions you need to prove you are employed and meet the financial requirements at the time of application.

Do you have any savings??

https://assets.publishing.service.gov.u ... _Final.pdf
Thats the file I read. I didn't see anywhere that it pertains to first time visas only? As for savings yes, just not enough.
5.2 refers to applications for entry clearance where overseas income AND a confirmed job offer in the UK is accepted for the British sponsor. It doesn't apply to visa extensions within the UK.

5.1 and 5.3 is relevant to extensions. 5.1 clearly states employment 6 months prior to date of application. 5.3 states 12 months employment at date of application if you have worked for more than 1 employer in the 12 months.

This is my understanding.
Thanks again CR001 for responding. I appreciate it. And thanks for the clarification. 5.3 is where we believe we would be covered. If timing works out, my hope is to have a signed contract showing my new salary (>£18,600), which meets part one of the <6mo requirement and then show previous 12 mo of employment history showing i earned more than the necessary £18,600 for part two, which it would. and if this all pans out, then all our worries will be for naught, however, timing is very tight...

Just FYI, I searched the document and couldn't find the word "extension" at all. Is there a second guideline?
If not, I have to take it that this covers finances for all visa application, firsts and extensions.

Kind Regards
Captsx1

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CR001
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Re: Visa extension and redundancy

Post by CR001 » Fri Feb 15, 2019 10:27 am

The Appendix 1.7 is the only one as is the immigration rule in meeting the financial requirement. See also link below to the archived paper FLR(M) form and guidance notes.

https://webarchive.nationalarchives.gov ... -form-flrm

Note that if you do not meet the income requirement, she should apply for FLR(FP) 10 year Partner route.

Note also that the IHS fees have doubled and will now cost £1,000 for a visa extension and not £500, plus the visa fee.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Captsx1
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Re: Visa extension and redundancy

Post by Captsx1 » Fri Feb 15, 2019 10:31 am

CR001 wrote:
Fri Feb 15, 2019 10:27 am
The Appendix 1.7 is the only one as is the immigration rule in meeting the financial requirement. See also link below to the archived paper FLR(M) form and guidance notes.

https://webarchive.nationalarchives.gov ... -form-flrm

Note that if you do not meet the income requirement, she should apply for FLR(FP) 10 year Partner route.

Note also that the IHS fees have doubled and will now cost £1,000 for a visa extension and not £500, plus the visa fee.
Thanks for that info. Appreciated. I'll look into the 10-year route, and yay! more money to dole out. - lol

Regards
Captsx1

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CR001
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Re: Visa extension and redundancy

Post by CR001 » Fri Feb 15, 2019 10:37 am

Archived paper form and guidance notes for FLR(FP) in the link below if you want to have a look.

https://webarchive.nationalarchives.gov ... form-flrfp
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Captsx1
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Re: Visa extension and redundancy

Post by Captsx1 » Fri Feb 15, 2019 11:05 am

CR001 wrote:
Fri Feb 15, 2019 10:37 am
Archived paper form and guidance notes for FLR(FP) in the link below if you want to have a look.

https://webarchive.nationalarchives.gov ... form-flrfp
Great! Many thanks, i'll take a read a little later on.

Regards
Captsx1

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seagul
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Re: Visa extension and redundancy

Post by seagul » Fri Feb 15, 2019 8:01 pm

Captsx1 wrote:
Fri Feb 15, 2019 10:22 am
CR001 wrote:
Fri Feb 15, 2019 9:48 am
Captsx1 wrote:
Fri Feb 15, 2019 9:37 am
CR001 wrote:
Fri Feb 15, 2019 9:28 am

My understanding is that it applies to entry clearance visas and not extensions. For extensions you need to prove you are employed and meet the financial requirements at the time of application.

Do you have any savings??

https://assets.publishing.service.gov.u ... _Final.pdf
Thats the file I read. I didn't see anywhere that it pertains to first time visas only? As for savings yes, just not enough.
5.2 refers to applications for entry clearance where overseas income AND a confirmed job offer in the UK is accepted for the British sponsor. It doesn't apply to visa extensions within the UK.

5.1 and 5.3 is relevant to extensions. 5.1 clearly states employment 6 months prior to date of application. 5.3 states 12 months employment at date of application if you have worked for more than 1 employer in the 12 months.

This is my understanding.
Thanks again CR001 for responding. I appreciate it. And thanks for the clarification. 5.3 is where we believe we would be covered. If timing works out, my hope is to have a signed contract showing my new salary (>£18,600), which meets part one of the <6mo requirement and then show previous 12 mo of employment history showing i earned more than the necessary £18,600 for part two, which it would. and if this all pans out, then all our worries will be for naught, however, timing is very tight...

Just FYI, I searched the document and couldn't find the word "extension" at all. Is there a second guideline?
If not, I have to take it that this covers finances for all visa application, firsts and extensions.

Kind Regards
Captsx1
Your research is correct and relevant because you still might be fit in under category B if can be able to secure a contract giving at least £18600 per year and plus you should have earned at least £18600 during the last 12 months even couple of months with no earning.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Visa extension and redundancy

Post by Captsx1 » Sat Feb 16, 2019 8:34 am

seagul wrote:
Fri Feb 15, 2019 8:01 pm
Captsx1 wrote:
Fri Feb 15, 2019 10:22 am
CR001 wrote:
Fri Feb 15, 2019 9:48 am
Captsx1 wrote:
Fri Feb 15, 2019 9:37 am


Thats the file I read. I didn't see anywhere that it pertains to first time visas only? As for savings yes, just not enough.
5.2 refers to applications for entry clearance where overseas income AND a confirmed job offer in the UK is accepted for the British sponsor. It doesn't apply to visa extensions within the UK.

5.1 and 5.3 is relevant to extensions. 5.1 clearly states employment 6 months prior to date of application. 5.3 states 12 months employment at date of application if you have worked for more than 1 employer in the 12 months.

This is my understanding.
Thanks again CR001 for responding. I appreciate it. And thanks for the clarification. 5.3 is where we believe we would be covered. If timing works out, my hope is to have a signed contract showing my new salary (>£18,600), which meets part one of the <6mo requirement and then show previous 12 mo of employment history showing i earned more than the necessary £18,600 for part two, which it would. and if this all pans out, then all our worries will be for naught, however, timing is very tight...

Just FYI, I searched the document and couldn't find the word "extension" at all. Is there a second guideline?
If not, I have to take it that this covers finances for all visa application, firsts and extensions.

Kind Regards
Captsx1
Your research is correct and relevant because you still might be fit in under category B if can be able to secure a contract giving at least £18600 per year and plus you should have earned at least £18600 during the last 12 months even couple of months with no earning.
Many thanks Seagul. I meet the prev 12 months, its the upcoming thats presenting challenges. :)

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