# Extension of Spouse Visa



## Sammmyleeeeeee (Jul 18, 2012)

Hello to All,

I am aware that there are many posts regarding my subject but I just can not find one that answers my exact needs. Thank you for reading my post.

I am a British Citizen and my wife is Turkish. My wife was approved a Spouse Visa in October 2012. We then moved to the UK from Turkey and both worked for just over a year. A job opportunity came up for me in Turkey so we moved back here. My wife set up and ran a business for 8 months and I worked. Now we want to move back to the UK. Her visa runs out in June 2015 so we just want to extend her existing visa. So we were just wondering first of all is the FLR(M) the correct form? I believe it is. And more importantly does the fact that we moved back to Turkey for just over a year affect her extension prospects? Can we also apply from Turkey or should we go back to the UK as soon as we can and apply from there?. I have a contract and a job waiting for me so have no problems with financial requirements or accommodation. We originally applied under the new rules of after June 2012. I really would appreciate any of your help and advice.

Sam Turner


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## Joppa (Sep 7, 2009)

FLR(M) is the correct form for applying in UK, both for renewal and extension.
To renew, she needs to have been in UK for at least the half the time or 15 months, and any absence must be accounted for. I'm not sure whether she qualifies for renewal, as she has been in Turkey over a year and UK doesn't appear to be her main home. It would be different if you are living abroad as a result of your or her UK employer sending you out.
Or you can just go for extension, followed by renewal. Both applications have to be made in UK; you can't apply in Turkey so you need to return.


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## Sammmyleeeeeee (Jul 18, 2012)

*Just to be sure...*

Hello and thank you for your message. I just want to clarify something. Can you just explain the difference between and renewal and an extension. We just want to get another 33 months on a similar visa. After that (as the next 33 months on that visa we will be living in UK again) we want to apply for a settlement visa. Also, even with applying for a similar visa (just an extension to the present one) do we really have to be in the UK? We applied for the original visa whilst living in Turkey. The reason we came to Turkey after more then a year in the UK was for job opportunities.


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## Joppa (Sep 7, 2009)

Yes, because the presumptions are you are a UK resident with main home here. There is no mechanism for extending your leave while you are still abroad - you can only make a fresh application to enter UK, as you did first time. By moving back to Turkey for job opportunities, there is doubt over whether you are fulfilling the conditions of your present visa, given on the understanding that you will be making your home in UK and spending substantial time in it. You said you have a UK job offer, so return to UK, start working and use it for extending your visa. You can if you like apply in Turkey for a new visa using your current job there and UK job offer, but will cost you more, 5-year family reunion clock is reset and you have to live in UK for full 30 months before being eligible for renewal.


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## Sammmyleeeeeee (Jul 18, 2012)

*Another question*

Hello again, thanks for this.

I have done a lot more research and some calculations. It seems that even with my new job in the Uk (which will be over the £18600) , but because I wont be working in it for atleast 6 months, i will have to take my job over here, in turkey, into consideration (Calculate back 12 months) This means, because of the very little salaray im on here, i wont be able to meet the financial requiremens for visa extension. If this is the case then a brand new spouse visa application is the only option. If i did this, can I apply for it from the UK (as we want to return anyway and I want to start my new job)? Also, you briefly mentioned, does this mean that we will have to wait a whole new 5 years (even if my wife hasnt been away from the uk for more than 450 days) to apply for the ILR?


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## Joppa (Sep 7, 2009)

If you can't meet the financial requirement when your wife's visa expires, she will have to stay put in Turkey or go back there if she is in UK, until such time as you are able to meet it. It means, unless you have £16,000 plus in savings, working in UK for 6 months. She may be able to return to UK in the meantime as visitor, but she will have to apply for a visit visa and it may not be granted, if they suspect she may overstay giver her existing ties in UK. 
Once you are able to sponsor her, a new settlement visa application will be needed, which has to be made in Turkey, and the 5-year clock for ILR will be reset. 450 days only refer to naturalisation.


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## Sammmyleeeeeee (Jul 18, 2012)

*thanks*

Thank you once again for you reply. It was very useful and I think the only option we are going to have is to apply for a brand new spouse visa. I understand that this will reset the clock as it were, but not the end of the world. Now, If we do apply for the new visa this will have to be from Turkey. Am I also correct in saying that when applying for this new visa we will just follow exactly the same steps as we did when the originally applied 2.5 years ago. ie I will be in Turkey with her and we will move to the UK together and I will provide a contract of future employment that will commence once we arrive in the UK that meets the financial requirements. This is what we provided in our original application. Also, would the fact that we are applying for this new visa again effect any outcome? and would we be able to apply for this before her current visa expires? (probably not) Thank you very much for helping us again and I look forward to your reply.


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## Joppa (Sep 7, 2009)

You can go to or stay in UK while your wife applies for her visa, depending on how you are going to meet the financial requirement (e.g. UK job offer and previous employment, or working in UK for 6 months+ etc). Previous application will be looked at but it shouldn't have material effect, but I suggest you write something about it and explain why you couldn't just renew/extend it in your covering letter. The new application can be made both before and after visa expiry.


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## Sammmyleeeeeee (Jul 18, 2012)

Thank you again. The thing is I do not want to go to the UK without my wife. We do not want to be apart. I would want to stay in Turkey with her until her new visa is approved. But if I did that, obviously I will not be earning in the Uk and only very little in Turkey. If this is the case can I just provide a contract for future employment in the UK (it would be around 25k) to commence on our arrival to the UK. Basically meeting the financial requirements though this contract and no other means.


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## nyclon (Apr 3, 2011)

No. The requirements for applying from abroad are that you must have been earnig at least £18,600/year while abroad AND you must have a job lined up in the UK earning at least that much. If you haven't been earning £18,600/year in Turkey then you don't meet the requirement. Just having a job lined up in the UK earning £18,600/year or more is not enough. You must satisfy both parts.


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## Sammmyleeeeeee (Jul 18, 2012)

OK, That looks like it settles it then. Get to UK asap and start earning. My wife will of course come with me and try to get a job too. When her visa expires she will have to leave and the apply afresh from Turkey. Its just a shame that we didnt realise this a couple of months ago so we didnt miss the 6 month prior to expiry deadline. Cant believe it. Thanks for your help and I am sure I will be back in contact with you again soon.


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