UK spouse visa: switching from 5 year route to 10

Old Jan 5th 2021, 7:45 pm
  #1  
Just Joined
Thread Starter
 
Joined: Jan 2021
Posts: 4
MaK16 is an unknown quantity at this point
Default UK spouse visa: switching from 5 year route to 10

Hi all,

My wife’s spouse visa will expire in mid March 2021. We applied for her entry in 2015 and extended in 2018. What I would like to know is, can she extend again and switch to the 10 year route? The reason for this is that we need more time for her to improve her English and she doesn’t feel confident in taking the B1 and Life in the UK tests. She is also a Hong Kong BNO passport holder which, a new law will come in at the end of January allowing HK residents holding such a passport to apply to stay in the UK for 5 years before being eligible for Indefinite Leave to Remain application. I wonder if this will be in her favour to get an extension granted?
MaK16 is offline  
Old Jan 8th 2021, 2:22 am
  #2  
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 17,082
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: UK spouse visa: switching from 5 year route to 10

She can extend it again but this won’t put her on the ten year route. She’ll just be given another 30 months. She’ll still need to meet the English language requirements for the BN(O) visa and switching will just reset her ILR clock back to zero.
BritInParis is offline  
Old Jan 8th 2021, 7:53 am
  #3  
Just Joined
Thread Starter
 
Joined: Jan 2021
Posts: 4
MaK16 is an unknown quantity at this point
Default Re: UK spouse visa: switching from 5 year route to 10

BritInParis- Thank you for your response.

Yeah, I spoke to a solicitor yesterday and he said it makes no sense taking the BNO route as like you said, it will set her back to zero. So we won’t be doing that!
The solicitor said that we can extend and if at any time my wife manages to pass the B1 SELT and Life in UK tests then she can apply for ILR. Out of curiosity, I asked him how many times can you extend the UK Spouse Visa and he said there is no limit but it’s just not cost effective so, it’s best to pass the B1 and LIUK tests to get ILR.
I’m going to enrol her on an English course as soon as this COVID pandemic eases.
the solicitor also said for this extension, I don’t really need to prove my financial support evidence so much as the main case is that we have two young children born in the UK? He also said she doesn’t need to take the A2 SELT test again which she did pass in 2018. But I think to be safe, I will submit my 6 month bank statements just in case.
MaK16 is offline  
Old Jan 8th 2021, 9:32 am
  #4  
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 17,082
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: UK spouse visa: switching from 5 year route to 10

Your solicitor is correct on all points bar the financial requirements. You will definitely need to meet those again and provide all the relevant documents. Having children doesn’t exempt you from that.
BritInParis is offline  
Old Jan 8th 2021, 9:50 am
  #5  
Just Joined
Thread Starter
 
Joined: Jan 2021
Posts: 4
MaK16 is an unknown quantity at this point
Default Re: UK spouse visa: switching from 5 year route to 10

BritInParis- thank you again.

Yeah, I was going to submit all the financial support documents anyway as I believe this would still need to be shown to the Home Office. Thanks for the advice.
MaK16 is offline  
Old Jan 8th 2021, 5:12 pm
  #6  
Lost in BE Cyberspace
 
Joined: May 2010
Location: San Diego, California
Posts: 8,283
SanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond repute
Default Re: UK spouse visa: switching from 5 year route to 10

Originally Posted by MaK16 View Post
BritInParis- Thank you for your response.


the solicitor also said for this extension, I don’t really need to prove my financial support evidence so much as the main case is that we have two young children born in the UK? He also said she doesn’t need to take the A2 SELT test again which she did pass in 2018. But I think to be safe, I will submit my 6 month bank statements just in case.
What terrible advice.... you need to provide employment letter detailing your job, however many payslips depending on what category you are applying under plus all the relevant bank statements.
SanDiegogirl is online now  
Old Jan 8th 2021, 5:39 pm
  #7  
Just Joined
Thread Starter
 
Joined: Jan 2021
Posts: 4
MaK16 is an unknown quantity at this point
Default Re: UK spouse visa: switching from 5 year route to 10

Originally Posted by SanDiegogirl View Post
What terrible advice.... you need to provide employment letter detailing your job, however many payslips depending on what category you are applying under plus all the relevant bank statements.

Hi SanDiegogirl,

Yeah, I was perplexed on that point too as I’m pretty sure the Home Office will not accept an application without proof of financial support. Anyway, I will provide the letter from my employer, payslips and all my bank statements as with previous experience of applications.
Is it correct that she doesn’t need to take the A2 SELT English test again? When I phoned Trinity College, London the man their said he doesn’t think she needs to either but told me to check with the Home Office to see if they accept the certificate from when she passed the A2 in 2018.
MaK16 is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2021 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.