gmacleod41

Hi. I am British and my husband is Canadian on a spouse visa residence permit which is due to expire in April.
We were starting the process to look at renewal at the end of November but suddenly before we got anywhere with it, on Dec 1 he was rushed to the hospital with a life threatening medical emergency and needed surgery. He was in hospital from Dec 1-29. And then slow recovery at home and only recently able to function somewhat normally again.
I need to know if we submit a letter from his surgeon showing that he's been very ill, will this help us not be penalised for being late to apply?
Will we be able to be exempt from fees? We are very poor, I had an emotional breakdown in 2017 and he's been my unpaid carer ever since, and thus has been unable to work and we live on the benefits I receive which is housing, esa and pip.
Can you please tell me how we renew this? The gov website says we need to apply online but does it have a specific application area for renewal because the online application looks like it's for a new application.
Will he need to do the biometrics again?
And will he need to pay the NHS fees again?
I really hope you can help guide me.
Thank you so much.

BritInParis

If his visa doesn’t expire until April, why would you be late in applying? How did you met the financial requirements last time?

gmacleod41

Hi we had to get him a new Canadian passport first which is why we started in Nov. We've only just sent off for that now and have asked them to expedite it based on the circumstances so hopefully that will arrive in a week or so.
I was getting carers allowance for caring for my elderly mum when he originally got the spouse visa but she's died since then and now I'm struggling with my own issues stemming from losing her and other personal problems. We only live on the small benefits I receive.
I'm very concerned about this and need guidance
Cheers
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BritInParis

Providing you apply before his visa expires in April then there’s no danger of being penalised as his application won’t be late.

If you are receiving PIP then you won’t need to meet the £18,600 income threshold; instead you’ll only need to show you meet the adequate maintenance and accommodation requirements.

He’ll need to make a new application, submit biometrics and pay the IHS.

spouse of scouse

Brit in Paris has given you great advice re your husband's FLR application.
Regarding a possible waiver of visa application and IHS fees, which is a separate issue, this may help: https://assets.publishing.service.go...0ext__003_.pdfbb

gmacleod41

That's relieving but how do I apply? Is it online only? Do we have to pay or can we ask for a few waiver based on circumstances?
I can only find an application form FLR M which looks like the original application and doesn't seem to have anywhere on it that states renewal.
And can the fee be waived for the biometrics? How does he get the biometrics done or apply to do that?
And the NHS?
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SanDiegogirl

As per another forum which is discussing fee waivers, the general consensus is that one needs to be applying under Human Rights conditions AND then specific issues relevant to the applicant.

i.e just not being able to afford the fees does not make you eligible for the waiver.

gmacleod41

I'm confused because on the gov site under few waiver it says you can apply if you are poor....am I reading it wrong or in the wrong area? Please help. It says submit before applying to remain in the UK, is applying to remain in the UK the same as renewing his spouse visa?

Requesting a fee waiver

In some cases, if you cannot pay the fee for your application to remain in the UK because you are destitute or may become destitute as a result of paying the fee, you can use this form to request a fee waiver.

You must submit this fee waiver request before applying to remain in the UK. You may start your leave to remain application online, but it should only be submitted after you have received a decision on your fee waiver request.

SanDiegogirl

Please provide the link to the statement above.

gmacleod41

It won't let me post the link but it's visas-immigration.service. Then after the word service put the gov uk part and then look for product fee-waiver.

gmacleod41

Trying again:

https://visas-immigration.service.go...uct/fee-waiver

SanDiegogirl

The document quoted above is referenced in the main document regarding fee waivers, namely "Fee waiver: Human Rights-based and other specified applications"

Some discussions on other forums have deduced that one needs to have a 'Human Right' as per Article 8 plus other factors in order to apply for such fee waivers. Merely being of low income or not being able to afford such fees does not qualify.

However, as there is some confusion as to what exactly is required in order to qualify for such waivers, one can only suggest you apply and let us know if you are successful.