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Spouse visa extension with child but no job

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UtterlyBrilliant
Newbie
Posts: 46
Joined: Fri Feb 22, 2019 12:39 pm
San Marino

Spouse visa extension with child but no job

Post by UtterlyBrilliant » Sun May 30, 2021 8:45 pm

Hi all, hope you're well

I've been asked to try and find some info about a friend of a friend's case.

Essentially, they're employed now, but won't be by the time their visa is due for renewal. This isn't due to covid etc, they were told they would be employed on a fixed term contract and its not looking likely it'll be renewed. The contract is up in july, the visa is due for renewal in december. Obviously the plan is to get another job, but this is a "just in case" question. They have a child (the current salary is enough for a visa with child if that makes a difference). They're under the impression the child equals "extenuating circumstances" as she was born in the UK. I'm not sure of anything to that effect. Anybody have any ideas?

Any help would be much appreciated, regards

secret.simon
Moderator
Posts: 11475
Joined: Thu Feb 21, 2013 9:29 pm

Re: Spouse visa extension with child but no job

Post by secret.simon » Mon May 31, 2021 2:57 pm

What will likely happens, if the sponsor+spouse can't meet the income requirement is that the spouse will likely be put on the 10 year FLR(FP) pathway, which will lead to ILR after 10 years.

If the spouse is in the UK On FLR(M), keep in mind that they can combine their income to show that they meet the income requirement. Perhaps the spouse can start looking for a job.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

UtterlyBrilliant
Newbie
Posts: 46
Joined: Fri Feb 22, 2019 12:39 pm
San Marino

Re: Spouse visa extension with child but no job

Post by UtterlyBrilliant » Mon May 31, 2021 3:42 pm

Thanks simon

Thats how they put it too, but I wasn't sure as its not something I had heard of. Will pass it on 👍

Just for my own info then, if you do apply through this route, would you need to submit anything outside of the normal docs for visa, or would a statement on the cover letter and proof of accomodation etc cover you?

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 2:09 pm
United Kingdom

Re: Spouse visa extension with child but no job

Post by TODMATT » Mon May 31, 2021 6:26 pm

UtterlyBrilliant wrote:
Sun May 30, 2021 8:45 pm
Hi all, hope you're well

I've been asked to try and find some info about a friend of a friend's case.

Essentially, they're employed now, but won't be by the time their visa is due for renewal. This isn't due to covid etc, they were told they would be employed on a fixed term contract and its not looking likely it'll be renewed. The contract is up in july, the visa is due for renewal in december. Obviously the plan is to get another job, but this is a "just in case" question. They have a child (the current salary is enough for a visa with child if that makes a difference). They're under the impression the child equals "extenuating circumstances" as she was born in the UK. I'm not sure of anything to that effect. Anybody have any ideas?

Any help would be much appreciated, regards
If they are both in the UK and are employment at the date of the application, they can apply under CAT B which is much better than being put on 10 years route.
My opinions should not be constituted as an immigration or legal advice.

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