Visitor Visa extension FLR (IR)

[Chill27]

Hi,
First post, need urgent help please!
Entered UK from Thailand last week. I'm British, Thai Girlfriend. Her 6 months visitor visa expires 12th April.
I made a big mistake, thinking she just needed to enter by 9th April, then would be given 6 months stamp!
I'd read US specific information, not UK it seems.
Now almost as soon as we complete quarantine, she needs to leave, probably alone!
Bottom line, now I'm trying to apply to extend her visa for the other 5.5 months.
The form I'm completing for her is FLR (IR) Visitor.
On section 5 of 6, it's asking me for IHS registration.
I cannot work out whether I need to pay this or not for extending a visitor visa (applied for outside the UK) but trying to extend it from within the UK?
I just called the Home Office and even he was giving me the wrong information, telling me that I was completing the wrong form (I've just started the process again and no, I am completing the correct form)
I called an Immigration lawyer, and he told me that I shouldn't be asked about the IHS, but I am being asked.
So much ambiguity and misinformation. Please could someone who's had some experience with this IHS question help me,
Thanks

[vinny]

Visitor entry clearance or leave to remain are exempt from the IHS under Schedule 2

1(b) for [F1entry clearance or leave to remain] under [F2Appendix V to the immigration rules];

[Chill27]

Thanks so much @vinny

Is this the relevant bit:

"or where the leave to enter which may be granted pursuant to that entry clearance would be for 6 months or less if granted in accordance with the immigration rules;"

So Rule 3 Relates to the IHS ?
And this applies to onshore extensions of Visitor Visas of 6 months or less?

Please give me a "yes" if I've got it correct, then I can continue with more confidence

Regards

[Frontier Mole]

I don’t wish to put a dampener on things but there is virtually zero chance of a visit visa extension being granted. For any proper consideration of an extension to be granted there has to be extenuating circumstances. A failure to understand the validity period of the visa is not a circumstance that will be acceptable. If there has been no ban on travel to the UK from Thailand then that negates any reason for not using the visa during its period of validity.

If the extension is refused the secondary issue will then come into play - no more visit visas to the UK for your girlfriend going forward.

Think carefully about the outcomes from requesting an extension.

[vinny]

The relevant IHS exemption for visitors (under Appendix V) is under The Immigration (Health Charge) Order 2015, Schedule 2, 1(b), as quoted above.

If her delay were due to COVID-19, etc., then I think may be possible to extend. However, it’s much more expensive than applying from overseas.

Moreover, as @Frontier Mole warned, be careful, if her plan is to stay longer than previously requested.

[JB007]

I called an Immigration lawyer, and he told me that I shouldn't be asked about the IHS, but I am being asked.
So much ambiguity and misinformation. Please could someone who's had some experience with this IHS question help me,
Thanks

She can't buy the IHS to have bill free use of the NHS, because she is a visitor.


You do not need to pay the surcharge or get an IHS reference number if you’re applying for a:

visitor visa
visa for 6 months or less from outside the UK

You will need to pay for any NHS care you get at the point you use it - unless it’s a service that’s free.
https://www.gov.uk/healthcare-immigrati ... -needs-pay

Billed at 150% of the NHS cost.

[Chill27]

Thanks for replies.
For the benefit of others in the future.
I could not continue with the FLR (IR) visitor visa extension application, without first obtaining and quoting an IHS registration number.
So after being diverted from the Visa Application site, to the IHS site, I followed the prompts, and most of my information was pre filled, taken from the application itself. At the end I was told that there was Zero to pay, and I was emailed the required registration number.
When I went back to the application, the Registration Number was automatically added and I didn't need to do anymore.
Next stage, payment and submission of application.

[vinny]

Thanks. Please let us know the decision.

[Chill27]

With regards to above responses,
Only in "extenuating circumstances"
Is this assertion from personal experience or something documented?
I see it documented in respect of trying to extend beyond the six months in one year rule.
If it was neigh on impossible to gain approval, wouldn't that have to be stated in the notes, rather than allowing people to spend over a thousand pounds on a fruitless exercise?
But I see nothing, with regards to wanting to claim back the unused portion of a six month visa.
In fact when I spoke to the Home Office Visa section yesterday, he said, "if you've only used 3 months, you can apply for another 3 months!
The catch is, it is rather expensive, over a thousand pounds, as stated. So most people in normal times, would not bother, instead simply return home and make a fresh application, I would imagine.
Yes we did state on the original application that we wanted to come to stay with my 87 year old Mum for 6 months. She's in remission from blood cancer and we have been waiting for her to receive her Vaccine. She only received the second dose today. To come sooner would have put her at too much risk. Our original intension was to spend Christmas with her, but we've had to delay until she at least had the first shot.

[Chill27]

Here are the Government notes that I referred to above:

Extensions for long-term multiple-entry visit visas. If a visitor holds a long-term multiple-entry visa and they want to stay for longer than the visa expiry date, it is possible for them to apply to extend their permission for up to the maximum 6 months permitted for visitors (standard). For example, a visitor arrives in January and their long-term visit visa is due to expire in February. Provided the visitor meets the Rules, they can extend for up to 6 months, until June, as a visitor (standard). A single entry or 6-month visa can also be extended to complete 6 months’ in the UK as a visitor. Applications must be made before the original permission expires"

Extend your stay
You may be able to extend your stay as long as the total time you spend in the UK as a visitor is no more than 6 months.

For example if you have been in the UK as a visitor for 3 months, you can apply to extend your stay for 3 more months.

Read the guidance to find out if you can extend your visit.

You must apply while you’re still in the UK and before your current visa expires.

If you want to extend your stay for longer than 6 months
You can only apply to extend your stay as a visitor for over 6 months if you’re:

a patient receiving medical treatment
an academic and you still meet the eligibility requirements
a graduate doing a clinical attachment or retaking the Professional and Linguistic Assessment Board (PLAB) test

[Frontier Mole]

You have probably answered your own question - if your gf does not have a multiple entry , multiple year visit visa then you can not extend. If the visa she has was for a duration of 6 months only, it can not be routinely extended.


Extensions for long-term multiple-entry visit visas. If a visitor holds a long-term multiple-entry visa and they want to stay for longer than the visa expiry date, it is possible for them to apply to extend their permission for up to the maximum 6 months permitted for visitors (standard). For example, a visitor arrives in January and their long-term visit visa is due to expire in February. Provided the visitor meets the Rules, they can extend for up to 6 months, until June, as a visitor (standard). A single entry or 6-month visa can also be extended to complete 6 months’ in the UK as a visitor. Applications must be made before the original permission expires"

[Chill27]

You have probably answered your own question - if your gf does not have a multiple entry , multiple year visit visa then you can not extend. If the visa she has was for a duration of 6 months only, it can not be routinely extended.


Extensions for long-term multiple-entry visit visas. If a visitor holds a long-term multiple-entry visa and they want to stay for longer than the visa expiry date, it is possible for them to apply to extend their permission for up to the maximum 6 months permitted for visitors (standard). For example, a visitor arrives in January and their long-term visit visa is due to expire in February. Provided the visitor meets the Rules, they can extend for up to 6 months, until June, as a visitor (standard). A single entry or 6-month visa can also be extended to complete 6 months’ in the UK as a visitor. Applications must be made before the original permission expires"

With the greatest respect @Frontier Mole, I fail to see how the "or 6 month" visitor visa doesn't apply to me? How do you interpret that differently to me?
Long term visitor visas had already been covered earlier in the paragraph!

[Frontier Mole]

Perhaps a poor choice of words. Single entry 6 month visas are not routinely extended, yes you can apply to do so but unless there is extenuating circumstances it is highly unlikely to be granted.

You have nothing to lose by applying apart from the application fee and the possibility of a refusal that will negate against any further visit visas for the UK. A refusal will also impact future travel to other countries.

There is a lot of risk attached to your proposed application but there is slight increase in the possibility of a grant due to the circumstances around COVID but don’t hold your breath.

What was the reason for not traveling earlier during the main period of the validity of the visa?

[Chill27]

Perhaps a poor choice of words. Single entry 6 month visas are not routinely extended, yes you can apply to do so but unless there is extenuating circumstances it is highly unlikely to be granted.

You have nothing to lose by applying apart from the application fee and the possibility of a refusal that will negate against any further visit visas for the UK. A refusal will also impact future travel to other countries.

There is a lot of risk attached to your proposed application but there is slight increase in the possibility of a grant due to the circumstances around COVID but don’t hold your breath.

What was the reason for not traveling earlier during the main period of the validity of the visa?

It's a multiple entry 6 months visitor visa.
Please could you kindly point me to where it says that this type of visa will only be extended in extenuating circumstances? I've searched high and low, I cannot find it!
If I could see it in black and white, I might consider not bothering applying and saving a thousand quid!
If it is not stated anywhere, then one has to assume that it will be approved so long as the application is within the rules as laid out.
As stated earlier, my 87 year old Mum recently had Lymphoma and is currently in remission. Blood cancer sufferers are far more susceptible to catching Corona Virus. As such, we couldn't come to stay with her until she had received at least her first jab. That was why we delayed coming.

[secret.simon]

You won't find it in black-and-white. You will find it in stories on these forums.

It is possible that your girlfriend's FLR(IR) may well be granted. But be aware that the Home Office takes a very hard line against people who exceed even the amount that they have stated on their initial visit visa application.

So, for instance, if an applicant stated on their visit visa application that they plan to stay in the UK for three weeks and actually end up staying two-three months (well within the 180 days window of the visit visa), they may be denied any future visit visas on the basis that they deceived the Home Office/lied on the initial visit visa application. They take an even stricter line for visit visa applications for family members/relatives of British citizens (the family immigration route has become considerably stricter over the past ten years, with a Minimum Income Requirement of at least £18,600 per annum for spouses and children of British citizens and no practical route to sponsor any other family members).

So, set expectations accordingly. You may well be granted this extension. But any future application made by your girlfriend may be treated with a great deal more suspicion.

we couldn't come to stay with her until she had received at least her first jab. That was why we delayed coming.

That, to me, sounds a very weak justification, given how strictly the Home Office judges applications. The Home Office would argue that your girlfriend could have come earlier to the UK and stayed elsewhere in the UK, perhaps even in the same city (depending on the size of the city) or county.

[Chill27]

You won't find it in black-and-white. You will find it in stories on these forums.

It is possible that your girlfriend's FLR(IR) may well be granted. But be aware that the Home Office takes a very hard line against people who exceed even the amount that they have stated on their initial visit visa application.

So, for instance, if an applicant stated on their visit visa application that they plan to stay in the UK for three weeks and actually end up staying two-three months (well within the 180 days window of the visit visa), they may be denied any future visit visas on the basis that they deceived the Home Office/lied on the initial visit visa application. They take an even stricter line for visit visa applications for family members/relatives of British citizens (the family immigration route has become considerably stricter over the past ten years, with a Minimum Income Requirement of at least £18,600 per annum for spouses and children of British citizens and no practical route to sponsor any other family members).

So, set expectations accordingly. You may well be granted this extension. But any future application made by your girlfriend may be treated with a great deal more suspicion.

we couldn't come to stay with her until she had received at least her first jab. That was why we delayed coming.

That, to me, sounds a very weak justification, given how strictly the Home Office judges applications. The Home Office would argue that your girlfriend could have come earlier to the UK and stayed elsewhere in the UK, perhaps even in the same city (depending on the size of the city) or county.

Interesting, thanks for your input.
If they are so strict about people only staying for the period specified, why don't they simply issue the visa for that length of time, to prevent any confusion?
Stating "Duration 180 days" does give people the impression that they can stay that long if they so desire!
Not everyone can spend hours trawling through websites like this for answers.
I would think most people naturally assume that if they are issued a Visa with a duration of 180 days, then so long as they don't exceed 180 days, that's fine!
The very fact that they are offering the facility for people to extend a Visa, would suggest that they are willing to allow a longer stay than was originally applied for, hence the question on the extension form "how many more days do you want to stay for"
That is what you are applying for, an extension, probably due to a change in circumstances.
I can understand them rejecting that request for whatever reason, but to punish you further, simply for making that request, having payed the large fee and proceeded according to the rules, seems very unfair to me.
We are living in unprecedented times and hopefully the Home Office are currently a little more lenient and understanding of the difficulties and costs people are having to contend with.
When we originally applied for her Visa in August 2020, things were very different, with no quarantine, no UK Travel ban etc. These things are impossible to predict and one can only proceed on the basis of how things stand at the time of actually making the original application.
For example requesting a one month stay in the UK back in October 2020 would have been a reasonable length of stay. However, having to now quarantine for 10 days both in the UK and then on return to Thailand, means that requesting a one month stay in the current situation, would clearly be ridiculous and a waste of time.
I think I'll just be completely up front, tell them how long she'd like to stay for, pay the fee and leave it in the hands of the God's. I'm beginning to feel like a criminal when I simply made a genuine mistake that I've now spent 9 days worrying about, and trying to dig us out of.

[vinny]

we couldn't come to stay with her until she had received at least her first jab. That was why we delayed coming.

When and where did she get her first jab? It may take some time for her to build up immunity.

[secret.simon]

I'm beginning to feel like a criminal when I simply made a genuine mistake that I've now spent 9 days worrying about, and trying to dig us out of.

Not a criminal, merely somebody who has to deal with the UK immigration system, which can be pretty severe if one does not cross every t and dot every i (in the correct font) and isn't super-precise in their documentation and expectations.

And if your girlfriend and you plan to move to the UK to reside, expect 5-10 years more of this.

The government itself, not the opposition or immigration advocacy groups, calls this immigration policy the "hostile environment".

[Chill27]

Thanks for all your replies and input.

This morning I have an update.

She has been granted an "exceptional assurance" until 30th June.

She can now stay without any adverse consequences for future applications.

Great news and a huge weight off my mind !

Now we will try to both get vaccinated and hopefully enter Phuket or Koh Samui on 1st July without needing to quarantine.

Regards Chill

[JB007]

When and where did she get her first jab? It may take some time for her to build up immunity.

Yes we did state on the original application that we wanted to come to stay with my 87 year old Mum for 6 months. She's in remission from blood cancer and we have been waiting for her to receive her Vaccine. She only received the second dose today. To come sooner would have put her at too much risk. Our original intension was to spend Christmas with her, but we've had to delay until she at least had the first shot.

My relative in her early 80s had her first vaccine at the beginning of January and her second at the end of March. Based on that timeline, perhaps the OPs mother had her first vaccine early to mid January, as she has just had her second vaccine?

[vinny]

Thanks for all your replies and input.

This morning I have an update.

She has been granted an "exceptional assurance" until 30th June.

She can now stay without any adverse consequences for future applications.

Great news and a huge weight off my mind !

Now we will try to both get vaccinated and hopefully enter Phuket or Koh Samui on 1st July without needing to quarantine.

Regards Chill

Good and quick news!
Wonder why "exceptional assurance" rather than "permission"?

[Chill27]

Thanks for all your replies and input.

This morning I have an update.

She has been granted an "exceptional assurance" until 30th June.

She can now stay without any adverse consequences for future applications.

Great news and a huge weight off my mind !

Now we will try to both get vaccinated and hopefully enter Phuket or Koh Samui on 1st July without needing to quarantine.

Regards Chill

Good and quick news!
Wonder why "exceptional assurance" rather than "permission"?

I had send an email in to request "exceptional assurance" on our second day here. It was really just a hopeful punt.
I completed the Visa Extension Application, but held back submitting it in the hope that I get a response from the Corona Virus Immigration people in the meantime.
I was planning to submit the Visa application if I hadn't heard back from them by Monday. Thankfully I got the email this morning, so have saved myself a thousand pounds!
It's great to be on the receiving on of some compassion and understanding !

[vinny]

Keep that email safe. She should declare it in future applications.

[naeemmalik777]

Hi
I am currently on a visit visa (for two years) and in the meantime my wife has fulfilled the income threshold requirement. Is it possible for me to switch from standard visit visa to spouse visa while staying in the UK on exceptional assurance. Moreover, my parent country has been included in red list countries and it is not possible for me to travel back and then reapply.
ill be grateful if someone can give an expert advice or any success story under current circumstances.

[sah10406]

This morning I have an update.

She has been granted an "exceptional assurance" until 30th June.

Aha. I was wondering why she hadn't just applied for Exceptional Assurance all along, rather than the elaborate formal (and probably doomed) extension process you have been describing and stressing about. EA is just an online request form, with no application or fee. But I guess you know that now. Glad you got there in the end, but a shame no-one suggested it when you first posted on 31 March.