# Extension of UK spouse visa...HELP!!!!



## Lilybub1 (Apr 14, 2013)

Hi there, 

Hope someone can help us, were in a little bit of a pickle, my husband and i got married in August 2009, he got his visa to come here from South Africa and got here in March 2011 on a 27 month Probationary Spouse Visa. We continued our lives together, yet in November of 2011 his step father became unwell and he returned to South Africa to help his family, i was in University at this time so didn't join him, he came back in Feb for a couple of months but returned until November, we are now living together again permanently (Thank goodness )

In total we worked it out he has been gone for 8 months and 19 days. During this time we obviously kept in contact but over things such as whatsapp...and we both have new phones so no history of this! Phone bills can be expensive!!

Now it is coming to the time where we need to look at reapplying, as it expires the 28th of March, and we don't know what to do! We don't know whether to apply for the visa to be extended...if that is even possible?? We know that he applied before the new law changes so can we extend for up to 2 years? As the people we have spoken to all suggest this '5 year route? - family plan?' 

If we can extend the visa, does this effect the application for ILR? And what forms do we have to do if there is an extension available?

Hope you can help us!!! 

I dont want him going home!!!! xxxxx


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## nyclon (Apr 3, 2011)

Please don't multi post. It's Sunday. When someone has the time to answer, they will.


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## AmyD (Jan 12, 2013)

You say the visa expires on the 28th of March. It is now mid-April. It's already expired, isn't it? 

I am suspicious that this isn't a real marriage, with the time apart and the fact that the phones do not reflect any sustained contact. The UKBA might feel the same, so if you do apply to extend the visa, do keep that in mind.


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## Lilybub1 (Apr 14, 2013)

AmyD said:


> You say the visa expires on the 28th of March. It is now mid-April. It's already expired, isn't it?
> 
> I am suspicious that this isn't a real marriage, with the time apart and the fact that the phones do not reflect any sustained contact. The UKBA might feel the same, so if you do apply to extend the visa, do keep that in mind.


Hi Amy, thank you for your reply. I meant the 28th of May, my mistake. 

Wow, well im telling you i wouldnt have gone through all the crap we did for a fake marriage! But i can see why it would look that way, i dont know how else we can show that we were together during this time? And will this make any baring upon the extension visa if we were to apply for that?


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## AmyD (Jan 12, 2013)

It could very well be an issue, yes. When you re-apply you do have to show you're still in a relationship and living together. You can be out of the country for a while, but 8 months seems like a lot to be away from your partner. I'm not sure how to mitigate that. Do you have any letters? Emails? Old phone records that show phone calls? You'll need to show something that proves you've kept in contact. Maybe someone else will have some more ideas.


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## Lilybub1 (Apr 14, 2013)

AmyD said:


> It could very well be an issue, yes. When you re-apply you do have to show you're still in a relationship and living together. You can be out of the country for a while, but 8 months seems like a lot to be away from your partner. I'm not sure how to mitigate that. Do you have any letters? Emails? Old phone records that show phone calls? You'll need to show something that proves you've kept in contact. Maybe someone else will have some more ideas.


I can see that, he went from november to feburary, stayed until may and left in may again, coming back in november, which i can tell seems a long time. Weve obviously been living in a house together on our own but im assuming that wont help! No i got an upgrade on my mobile, and now have an iphone, and we used to keep in contact over whatsapp on my old blackberry and blackberry messenger, as i was at uni and couldnt afford big bills!


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## dref (Mar 1, 2013)

Im sure more experienced forum members like Joppa will come on and answer your question in legal terms.

I think your options are now only to apply for (FLR) and explain to home office why your husband has been out the country for more than 90 days.

When you apply for ILR you must prove you lived together in UK for 2 years


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## AmyD (Jan 12, 2013)

You couldn't afford the large bills of a Blackberry but you moved to an iPhone, which is more expensive? And you couldn't afford the phone bills but you could afford your husband to travel and live in another place for 8 months? You can see why this is not making much sense. 

Did he send you any birthday cards? Any Christmas cards? A handwritten letter? Was his mail still going to you main address? These things can help.


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## Lilybub1 (Apr 14, 2013)

AmyD said:


> You couldn't afford the large bills of a Blackberry but you moved to an iPhone, which is more expensive? And you couldn't afford the phone bills but you could afford your husband to travel and live in another place for 8 months? You can see why this is not making much sense.
> 
> Did he send you any birthday cards? Any Christmas cards? A handwritten letter? Was his mail still going to you main address? These things can help.



The price of my iphone upgrade was the same as my standard contract bill for the blackberry, my contract was up for renewel. When i said i couldnt afford large bills i meant phoning south africa from england on an every day basis. His family are obviously there, so he stayed with them and they paid his flights for him to help them whilst his father was in hospital. I paid for one flight which was his return in November, as i am now a qualified nurse and was earning money by this point. 

Yes, we have both birthday and christmas cards, but no mail wasnt as i had to move out of our home as i couldnt afford it when he was gone.


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## Lilybub1 (Apr 14, 2013)

dref said:


> Im sure more experienced forum members like Joppa will come on and answer your question in legal terms.
> 
> I think your options are now only to apply for (FLR) and explain to home office why your husband has been out the country for more than 90 days.
> 
> When you apply for ILR you must prove you lived together in UK for 2 years


Thank you Dref. Many thanks. This is the form we first thought we would have to go with, does this extend for up to 2 years? Or does it go down the 5 year route?


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## WestCoastCanadianGirl (Mar 17, 2012)

I believe that the new FLR(M) visas are 2.5 years in length, and that will be the length of visa that your husband will be given when he applies and is approved (go for a PEO appointment... you'll get a decision that day). 

However, since you and your husband are so-called "Old Rules" (i.e. your husband received his original settlement visa before the law changed on July 9, 2012), your husband just needs to have been in the UK for 2 years before he can apply for ILR i.e. he won't need to use all of the 2.5 years of this new FLR(M) in order to apply for ILR... once he has documented proof of 2 continuous years in the UK, he can apply for ILR even if the FLR(M) still has time left on it. 

Once your husband has his ILR and has been in the UK for a total of 3 years (i.e. the 5 months that he's been here so far since his return back in November counts as does the time he's in the UK on the next FLR(M)) without any major absences from the UK, he should be able to apply for citizenship. 

Good Luck!


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## ashkevron (May 1, 2012)

If I remember correctly, your husband is allowed to spend up to three months per year abroad. So if within your first year of being in the UK, he has spent less than 90 days abroad, that should be OK. The problem is that in the second year of you being here he spent 7 months total abroad, which is 4 months more than is allowed. 

Isn't there a provision for compassionate circumstances? I am not sure if he has the right to apply for ILR if you provide extended records and proof of his father staying in hospital, being ill for a prolonged period (7 months total in the second year while you were in the UK) and needing care for which your husband was absolutely necessary. If you can prove all of that (but you would probably need at least some communication between the two of you during this period, Skype records for example? Emails? His phone records?), maybe it's possible to apply for his ILR, otherwise I think he would need to apply for a visa under the new rules. But again, because you have spent a considerable time apart, you will need to give a reason and proof as to why that happened.


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## ashkevron (May 1, 2012)

WestCoastCanadianGirl said:


> I believe that the new FLR(M) visas are 2.5 years in length, and that will be the length of visa that your husband will be given when he applies and is approved (go for a PEO appointment... you'll get a decision that day).
> 
> However, since you and your husband are so-called "Old Rules" (i.e. your husband received his original settlement visa before the law changed on July 9, 2012), your husband just needs to have been in the UK for 2 years before he can apply for ILR i.e. he won't need to use all of the 2.5 years of this new FLR(M) in order to apply for ILR... once he has documented proof of 2 continuous years in the UK, he can apply for ILR even if the FLR(M) still has time left on it.
> 
> ...


But won't he fall under the new rules the second he applies for the new visa (post July 9th)?


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## WestCoastCanadianGirl (Mar 17, 2012)

He's just looking for further time on his current visa because he's been away for so long. 

His original spouse visa is still valid so he has the option of either seeking ILR (which we don't think he qualifies for due to being away attending to his step father) or extending the conditions of his current visa through an FLR(M) so that he can meet the requirements for ILR.

If the visa had expired while he was away, he'd have to re-apply again and qualify under the new rules and wait 5 years to get citizenship (as the time he's spent here on current visa wouldn't count).


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## Joppa (Sep 7, 2009)

I'm grateful for people who have responded, but you've only served to confuse the issue rather than shed light on it. The fact is there is no absolute limit to how long you can stay away during the probationary period, either under the pre-July 2012 rules or the new. UKBA begins to get suspicious if you have been away longer than half the time, and even then, compassionate reasons like tending the sick will be considered favourably. So my advice is to apply for ILR 2 years after arriving in UK, with explanatory note about the reasons for the absence. You also need evidence of staying in touch, and if UK sponsor has been able to visit the applicant during his absences, that will help (flight confirmations, photos etc).

"There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom."
http://www.ukba.homeoffice.gov.uk/s...dischapter8/section1/section1.pdf?view=Binary


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## Lilybub1 (Apr 14, 2013)

Joppa said:


> I'm grateful for people who have responded, but you've only served to confuse the issue rather than shed light on it. The fact is there is no absolute limit to how long you can stay away during the probationary period, either under the pre-July 2012 rules or the new. UKBA begins to get suspicious if you have been away longer than half the time, and even then, compassionate reasons like tending the sick will be considered favourably. So my advice is to apply for ILR 2 years after arriving in UK, with explanatory note about the reasons for the absence. You also need evidence of staying in touch, and if UK sponsor has been able to visit the applicant during his absences, that will help (flight confirmations, photos etc).
> 
> "There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom."
> http://www.ukba.homeoffice.gov.uk/s...dischapter8/section1/section1.pdf?view=Binary




Hi Joppa, thank you so much for your reply.

As his visa runs out next month, we have worries in regards to him having time to apply for the Life in the UK test, and having all this paper work ready in time for May. The other issue is as i was at University i didnt visit him, money was tight and we couldnt afford it, i obviously am so scared that he will get refused, we had such a hard time getting his visa the first time, and having to spend continuous time apart is horrible. 

What in your opinion do you think is the best route to go for, the extension or the ILR? 

Many thanks

Lily


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## dref (Mar 1, 2013)

Life in the UK test is a bit difficult to pass my wife took 2 and failed her visa was expiring soon so she went for esol test it costs around here £250 with 6 weeks course and a certificate its very easy if you know a little English.
You need to find out if you have any grounds to apply for ILR that would be best for your husband.
If not then you can apply for FLR.

Im sure more experienced members on here will answer your question, whatever you decide please let us know.


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