Spouse Visa Extension or ILR route

[singhmohit]

My Mrs who came to this country on Spouse/Settlement Visa (I have a British Passport) will complete the 2.5 years of initial stay on 24th Feb 2020. Although, she is a fulltime permanent employee and earns more than £30k/annum (since last 1.5 years) however since her visa expires in Feb 2020, her "job offer" also expires in Feb 2020. Her company has given her a verbal confirmation, that as and when she gets her visa gets extended/renewed, her job offer will also extend and she will be able to continue her full-time employment as is.

She needs to apply for an extension in Jan/Feb 2020, I have few questions which I'm hoping experts can help us with:

1. What is the earliest and latest she can apply?
2. What is the recommendation from experts on this board - should she apply for the extension as her application (i.e. that she works full time and is eligible for Tier 1 or something) or should she be applying for a "Spouse Visa" extension (of course I meet the minimum salary criteria - so I can be the sponsor as well)
3. From experience, how long does it take to get the extension (if spouse extension or ILR route)

Mohit

[CR001]

1. No sooner than within 28 days before she reaches 30 months residence, counted from the date she entered the UK

2. There is no tier 1 option for her, where did you get this from?? Simply apply to extend her visa on form FLR m for another 2.5 years. Only ONE of you need to meet the financial requirement for an extension. She needs English A2 as well.

3. Depends if you choose super priority service or standard 8 week service.

[singhmohit]

@CR001 - thanks for a prompt reply.

Another quick question, we are planning a trip to India to attend a wedding in Jan. When coming back to UK she would only have left about 1.5 months of valid visa left - would that be a problem crossing the border at Heathrow? (I know sometimes the border control guys are a bit funny like - you need at least 3 or 6 months valid visa to enter the UK or something like that)

In other words, do you think traveling closer to the renewal date is a problem?

[CR001]

You were already given advice about travelling and it not being an issue when you asked in June!!

immigration-for-family-members/spouse-v ... l#p1793185

[seagul]

. Although, she is a fulltime permanent employee and earns more than £30k/annum (since last 1.5 years) however since her visa expires in Feb 2020, her "job offer" also expires in Feb 2020. Her company has given her a verbal confirmation, that as and when she gets her visa gets extended/renewed, her job offer will also extend and she will be able to continue her full-time employment as

If she will made her application before expiry then she will be protected by section 3C which will extends her right to live & work until decision. Inform your employer well in advance about it and also suggest him/her to contact HO to confirm her right to work which will indeed be positive if section 3C was triggered. She can continue to work there.