Brian44

My wife has a 5 year spouse visa which had the valid for 33 months entry bit. We have been here nearly 30 months now.
My question. Are we ok to stay the next 28/29 months before we have to apply for ILR?
She seems to think we have to apply for an extension or something shortly.

BritInParis

There’s no such thing as a five year spouse visa. Your wife will need to apply for Further Leave to Remain as a spouse in order to accumulate the five years residence necessary to apply for ILR. This means paying again and fulfilling the financial, accommodation and relationship requirements again.

Brian44

I`m not sure I understand.
We applied the 5 year route initially, paid for 5 years NHS.
So we now have to apply again to extend it for the 5 year period. What form is this we now have to complete?

Then at the end of 5 years, we can apply for ILR?

Is this correct?

Bingbing25

As you said, the visa is valid for 33 months which is shorter than 5 years = 60 months, so your spouse will have to extend the visa for the remaining time period in order to complete the 5 year stay. You most likely didn't pay for 5 years' healthcare. What you have to obtain now is called further leave to remain as a spouse.

Brian44

Thanks, I understand it now. It was a little confusing at first. I`ve been completing the online forms, they ask a lot of questions. Only at the financial part, saving it and continuing tmw.

Am I correct in thinking I can put my wife's salary down to meet the financial requirements? I`m self-employed but she is a partner in a business and makes the threshold comfortably. I do too but I draw my money out in bits and bots.

I think I remember the healthcare charge was 900 pound for 5 years, will have to double check.

Bingbing25

Yes, you can now include your wife's salary, but I don't know what effects the fact that she's working with you might have on it. You might after all have to submit files for your business even if you're using your wife's salary only.

Unfortunately the healthcare charge went up last month, so you will have to pay another £1,000.

Brian44

Bingbing25

Oh right, sorry I misread what you said. You can use whichever is simpler for you, either your wife's income or yours.

Brian44

Sounds good. I`ll use hers as it will be easier.

Brian44

One last question.
On the application, it asks if I have any other children in the UK that are not applying on this application?
Do I need to click yes and put my son's details and my ex-partners details or do I click no?
My son and ex are UK citizens

BritInParis

Yes, you’ll need to list them.

Brian44

Thanks for that.

My wife got to the finance page without clicking how to pay. Now it won't let us edit any previous answers. She has paid the health charge too so we can`t redo another application i believe.

Am I ok to start another application, print out the page that I need to have my sons details on and just let this second application get deleted after the time period?

BritInParis

Probably better to carry on with your current application and add a note covering the section you missed.

Brian44

I did a dummy application just to see the questions on my son.

Most don`t make sense.

I`m a UK citizen, born here, my 13-year-old son was born here to a UK citizen, making him a british citizen.

The questions it asks are.

What other countries has my son lived in or visited with dates. - He has lived in UK all his life but been on holiday loads. I have no idea of the dates.
When did my son enter the uk? - Since birth
Does this child have extended family in the UK?. - Yes his mother, aunts, uncles, cousins.
If you left the UK, do you and your children have family in the country you would return to - my son is not applying for a visa, he is not living with me, he will not be leaving the country.
Have I previously been married - no
Do I have any children in the uk who are not applying on this visa - yes my British born son who lives with my ex girlfriend.
Does my wife have any parental duties for my son - no she does not.

Who is my sons other parent -
Options are-
1.. My wife
2.. partner not yet mentioned on this application
3.. non applying partner
4.. child parent selection. person ref. partner sole responsibility
5.. your partner
6.. i have sole responsibility for this child
7.. i do not know
8.. Deceased parent not yet mentioned on this application
9.. other
It then asks for evidence of contact between my son and the other parent plus court documents etc. - We separated amicably and I see and support my son whenever.

None of these make any sense. It is my wife applying to extend her visa after 33 months. Why all these unrelated questions about my ex and my son?

Languages spoken by my son - He is English.
Who would the child normally live with - he lives with my ex, his mother.
It asks for evidence that my wife (visa extension applicant) has access to my son - We don`t have anything like this. I see my son as much as possible.
Asks for my son's passport details - not a problem

We are doing the correct application, family route, extending after initial stay? She arrived on a spouse visa.