Doubts regarding 10years partner route

[vanithar]

Hi Guys,
I entered UK in 2011 Aug as dependant for Tier1 General.
When I complete 4years, I went to India and stayed there for 1year(2015aug -2016aug). Then I have got 3 years visa as "Spouse Leave to remain". Now I have a confusion to extend my visa.
Whether I am eligible for ILR or I need to go for another 2 years extension ??

Note: My husband and Son are UK citizens

Thanks & regards
Vperumal.

[CR001]

What does your visa state exactly?? PBS Dependent or........?

Is it definitely a 3 year visa or a 2.5 year visa?

Did your Tier 1 General dependent visa expire when you were out of the UK in 2015-2016?

What application form did you complete for your current visa?

[vanithar]

I was on PBS dependant for 3yrs from Nov 2012 to Nov 2015.
Then I went to India from Aug2015 to Aug 2016.
Yes, My visa got expired, when I was out of the UK.
After that, I got spouse/partner(Leave to Enter) visa for 3 yrs from aug 2016 to May 2019.

Now, I have a doubt whether to directly go for (Indefinite leave to remain) or should I extend (Leave to Enter) visa for 2 more years??

Note: I entered UK in Aug 2011 as (Dependant for Tier 1 general) until Nov 2012.

Please help.

[CR001]

After that, I got spouse/partner(Leave to Enter) visa for 3 yrs from aug 2016 to May 2019.

This is NOT for 3 years. It looks like you changed visa categories to spouse of settled person. Your clock has reset to zero with the new visa and you will need 5 years residence from when you returned to the UK before you will qualify for ILR.

Your previous time spent on PBS Dependent visa is lost and irrelevant now.

[vanithar]

Thank you so much for the valuable update!!
I have one more final question.
My visa expired on May 02nd, 2019, because i failed to notice the expiry date.
Will it cause any issues to make an application now??

[CR001]

That really is a problem.

You need to submit an application as soon as possible.

It might be that HO put you on the FLR(FP) 10 year Partner route as your application is out of time and there are no exceptionally compassionate reasons for the delay in submitting an application.

[vanithar]

I'm preparing my documents now.
My visa expired on may 2nd. I noticed online that i can do my application within 14 days time period with valid reason for delay.
And they have asked for UK NARIC english certification, which I dont have and no time to take that test now.
Can I attach 'English medium certificate' instead, which i have got my college in India.
I have completed UK car driving and 'Life in UK' exams. I have 3yrs of IT work experience.
Is this proof enough, that I can write and speak english?

Plz suggest!

[CR001]

My visa expired on may 2nd. I noticed online that i can do my application within 14 days time period with valid reason for delay.

It is still an out of time application though and if you work, you will need to stop. What 'valid reason' will you provide?? Forgetting to check your visa unfortunately is not one.

And they have asked for UK NARIC english certification, which I dont have and no time to take that test now.
Can I attach 'English medium certificate' instead, which i have got my college in India.

If you are using an overseas degree, you need NARIC. If you don't have NARIC, you need English A2.

I have completed UK car driving and 'Life in UK' exams. I have 3yrs of IT work experience.
Is this proof enough, that I can write and speak english?

LIUK is NOT required for a Spouse visa and is NOT sufficient to meet the English requirement either. Your card driving and work is irrelevant. You must meet the requirements of the visa and apply on time.

[MrunalUK]

This is your extension application. What did you submit as English language proof when you did your earlier application?

[vanithar]

Thanks for your support. Really appreciated.
Can you please share the document checklist for UK spouse visa ??

[vanithar]

I'm going to apply for UK NARIC for english language proof.
Yes it is my spouse/partner visa extension.
My earlier application i did was in 2016(entered UK as spouse/partner (Leave to Enter).
Could be able to share the document checklist for spouse visa extension??

[vanithar]

Is NARIC certificate must to extend spouse visa?

[seagul]

Is NARIC certificate must to extend spouse visa?

Yes and it should be issued under NARIC red route. Additionally naric own issued statement of English proficiency is also mandatory.

[vanithar]

When i apply for spouse of settled person in 2016. I only submitted 'english medium certificate' and my post graduate educational certificates.
Today one lawyer adviced me, UK NARIC certificate is not must.
I can provide the same documents which i submitted for Entry visa (2.5yrs visa).

Can you guide me on this?

Thanks in advance.

[seagul]

Today one lawyer adviced me, UK NARIC certificate is not must.

Lawyer is totally wrong because if the applicant is not holding the UK degree then the only way to meet the English language requirement is either through NARIC certificates/statements or HO recommend IELTS test (A2/B1).

[vanithar]

I have entered UK in 2016 Aug , as (Leave to Enter). My visa got expired on May 2nd, then i applied within 14 days time.
But they routed me in 10years spouse visa.
Is there any chance, that i can appeal to request for 5 years route??
What will happen, if i apply for ILR after i complete 5 years??

[seagul]

Maybe possible if you can show them good reasons which prevented you from applying in time.

[CR001]

Maybe possible if you can show them good reasons which prevented you from applying in time.

Topics merged.

OP has no compelling reasons, they simply failed to notice their visa expiry date and made an out of time application.

[vanithar]

Can I appeal to get 5 years route. Because i have already completed 2.5years.
Im unhappy with this 10yr route now.
My husband n son are british citizens.
Can i get positive result if i appeal??

[Casa]

Can I appeal to get 5 years route. Because i have already completed 2.5years.
Im unhappy with this 10yr route now.
My husband n son are british citizens.
Can i get positive result if i appeal??

Not without compelling reasons why you failed to apply within time. The Case Worker has used discretion and by granting you a visa under the FLR(FP) Partner 10 year route instead of refusing further leave....I would grab it with both hands.

[Casa]

I'm going to apply for UK NARIC for english language proof.
Yes it is my spouse/partner visa extension.
My earlier application i did was in 2016(entered UK as spouse/partner (Leave to Enter).
Could be able to share the document checklist for spouse visa extension??

I'm curious... In your post above dated 08 May, you were preparing to submit your visa application. How have you received a decision in just one week

[vanithar]

I have submitted the strong reason for the delay of my visa.
Still he gave me 10year route, which makes me upset from yesterday.
We have 14days grace time after our visa gets expired. I have done all my procedures in within 14days time.
Is there any other option to request for 5years route??

[CR001]

I have submitted the strong reason for the delay of my visa.

What strong reason?? HO will only consider exceptionally compassionate reasons, i.e. in a coma or in hospital for example.

We have 14days grace time after our visa gets expired. I have done all my procedures in within 14days time.

Yes, but you have STILL made and OUT OF TIME application. You had no valid leave to remain when you applied.

Is there any other option to request for 5years route??

Likely you have to reapply. It will also likely restart your 5 years from scratch.

[vanithar]

Hi
I came to UK in 2016, as spouse/partner ( leave to enter ).
Last week I have applied for spouse/partner leave to remain visa extension, after my expiry date, which is may 2nd,2019.
Rules says i can apply within 14days after expiry with valid reason.
After i submit with all proof.
They granted me in10yrs partner route.
When rules say i can apply within 14days after expiry, why they haven't consider me in 5yrs route?
How to request them for reconsideration??

[CR001]

As has been repeated numerous times, you have made an out of time application. Note that HO did not have to give you a visa, they could have refused and told you to leave the UK.