Spouse Visa 5 yr Route... little bit different....



  • Hi,

    My wife's impending spousal visa renewal coming up in May 2017... but there's a interesting catch here..

    Visa 1 - Start: 12/08/12 End:12/11/14
    Visa 2 - Start: 06/11/14 End: 12/05/17
    Total 4 years 9 months

    As you can see we have a 3 month discrepancy up to the 5 year marker due to the regulations change in 09/07/12 where they changed this from a 2 year application to a 5 year application, my recollection was they were still offering out 27 month visas (2.3 Year) up until September/October 2012 when they upgraded them to 30 month ones (2.5 Year) so it fell in line with the new 5 year route they then took for all spouse applications.

    My question is - will we need to apply for a further 2.5 year visa or is there some leniency due to the way the new process was implemented. I realise this is a very specific case as it only applied to a small amount of applications in this period of time, I would really appreciate some clarity in the world of complex immigration wowes :)


  • Immigration Adviser

    Hello,

    From the dates you have provided I note that your wife may have applied for the initial visa before the rule change on 09/07/12. This being the case she will have been granted the initial visa for the correct length of time and would have been able to apply for settlement after spending 2 years in this category.

    It appears as though instead of applying for settlement at this time, your wife applied for an extension under the new rules and as such was granted 30 months leave to remain.

    If your wife did make her initial application before the rule change on 09/07/12 then she would be eligible to make an application for Indefinite leave to remain at any time under the old rules that she was granted under.

    Please do let me know if you have any further questions on this or would like our assistance with making an application.


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