Criminal record Certificate for Skilled Worker Visa

[kediaster]

My spouse has been in the UK since 2018, and her current visa expired earlier in August while we were in India. She has re-applied for a Skilled Worker Visa while we were away. The UKVI has come back asking for Criminal Record Clearance. We had attached a DBS certificate and a police verification certificate for a period between 2020-25. They are still demanding a 10 year clearance instead of 5. The state police in India does not offer certificate for time before 5 years. Any idea how to resolve this situation as this is causing unnecessary delays. It's worse because she was already employed and will continue in the same job.

[secret.simon]

her current visa expired earlier in August while we were in India. She has re-applied for a Skilled Worker Visa while we were away.

Did she apply for an extension of the visa in the UK and then travel to India?

Or is she making a new entry clearance application in India?

If the former, be aware that an extension application would be considered withdrawn automatically as the person has left the UK before a decision was made. She should not have traveled outside the UK (or technically, the Common Travel Area) from the date of application for extension till the date she was notified that she has been granted an extension.

34K. Where a decision on an application for permission to stay has not been made and the applicant travels outside the common travel area their application will be treated as withdrawn on the date the applicant left the common travel area.

That may also have implications for her job, as the organisation employing her may not be able to continue employing her without a Skilled Worker visa, which has ceased as her extension application was withdrawn automatically.

If the latter, she would be getting a new entry clearance visa and not an extension of her existing Skilled Worker visa.

In either case, I think her ILR clock has been reset to zero.

But wait for others to advise further.

[Djsuccess]

My spouse has been in the UK since 2018, and her current visa expired earlier in August while we were in India. She has re-applied for a Skilled Worker Visa while we were away. The UKVI has come back asking for Criminal Record Clearance. We had attached a DBS certificate and a police verification certificate for a period between 2020-25. They are still demanding a 10 year clearance instead of 5. The state police in India does not offer certificate for time before 5 years. Any idea how to resolve this situation as this is causing unnecessary delays. It's worse because she was already employed and will continue in the same job.

Can you provide more information on her visa history? What visas has she been on since 2018 till the her recent skilled worker visa expired? Were you not aware of her visa expiry date before travelling? It sounds strange that she allowed her visa expire while outside of the UK. The application submitted will now likely be treated as a new application rather than an extension. And that means that her continuous period of legal stay in the UK has been reset to 0. If the new application is granted, it will be under the new rules and the count will start afresh.