Mimi_B

Hi, I'm Canadian and my husband is British. We've been married two years.

I got my spousal visa in April 2013 and it will expire in July 2015. I only spent four months in the UK before moving to the ME with my husband. We are both working out here.

As I understand it, I have two options:

1) Ideal, but is it possible??: Return to the UK a couple days before my visa is set to expire and use the premium same day extension service to apply for an extension. The problem is that my husband has been out of the UK for 2 years and so is a non-resident (I think). Plus, we will be abroad for at least 6 more months.

2) Pain in the butt: Let it lapse and start again from scratch when the time comes.

I will meet the financial requirements for a new spousal again, I'm not worried about that. I just don't want to have to hang around in Canada again for two months waiting for my visa before I can join my husband in the UK.

Any advice?

SanDiegogirl

There is no "set in stone" amount of time one can be out the country when on a spouse visa

However, it is expected that the UK is your main residence and that you both live there as man and wife during the time of the visa.

Obviously neither you nor your husband has done so, so you could be refused.

Mimi_B

According to the gov.uk website, you can't use the premium service if you are "someone whose case is complex because of personal circumstances."

Would you say my case complex?

Mimi_B

I've just thought of something else: If my spousal visa has been valid for 6+ months of 2015 and then lapses, can I turn around and get a 6 month tourist visa? Or is it possible that I might be denied entry into the UK altogether??

formula

You can apply for a spouse visa 3 months before you want to travel.

Then you have another 30 days from your visa start date, to arrive in the UK and collect your biometric resident permit from a Post Office. If you don't arrive in those 30 days, you can apply (and pay) for another 30 days temporary visa to collect your BRP from a UK Post Office.

Would that be enough time to travel to the UK together, if you decide to let your spouse visa lapse and apply again?

Dundee15

I have not read anywhere about collecting a BRP from the post office! is this something new?

We are flying to Scotland tonight so will be admitted into the UK on spouse visa tomorrow. How will we know where to go to get this BRP?

I thought I had everything covered..

formula

It's being phased in by country. They tell you when you need to have one. If you already have the spouse visa then it will get picked up with the next visa application.

https://www.gov.uk/government/upload...chedule_v2.pdf

https://www.gov.uk/biometric-residence-permits/overview

formula

I just read this on the uk-yankee forum, from the poster ksand who is very good on spouse visas. For your visa extension

you will also need to provide 2 years of mail addressed to both of you at the same address - 6 documents jointly addressed or 12 separately addressed, spaced approx every 4 months of the 2 years.

Spouse Visa expiring in 2016...what do I need to do next?

Mimi_B

If I let my spousal visa lapse, I will reapply for a new one when my husband gets a job in the UK. I'd rather go direct to the UK with him, which is why I want to renew. But it's so much faster to apply from Canada so I'd go back and do it from there.

Mimi_B

That is a good reminder! Thanks!

Mimi_B

DH just got a letter in the mail from HM Customs and Revenue clarifying his non-resident status. So….. since FLR(M) is explicitly for partners of "a person present and settled in the UK," I guess I have no choice but to let my visa lapse and re-apply when the time to return to the UK comes. What a pain!

Will the fact that I let my first spousal visa lapse count against me with a future application?

mikelincs

Probably not, who who knows what will happen after May, a new government, new rules..

formula

No. Getting a visa is just a box ticking exercise.