UK Fiancee Visa - Timing of application for Leave to Remain as Spouse

[Chaimai]

 

A friend has just married his Thai fiancee and her fiancee visa expires on 2nd December.

 

He is asking whether the application to remain, as a spouse, can be left literally until the start of December, or should she apply earlier.

 

[MrStretch]

You neglect to say what country they are in.  

[Chaimai]

10 minutes ago, MrStretch said:

You neglect to say what country they are in.  

 

UK

 

(Thanks MrStretch....I have amended the topic title)

[Faz]

She should apply for 'leave to remain' in the UK as soon as they are married'.
Processing can take up to 12 weeks.

https://immigrationbarrister.co.uk/personal-immigration/partners-family-visas/spouse-visa/

[Chaimai]

13 hours ago, Faz said:

She should apply for 'leave to remain' in the UK as soon as they are married'.
Processing can take up to 12 weeks.

https://immigrationbarrister.co.uk/personal-immigration/partners-family-visas/spouse-visa/

 

Thanks Faz...

 

They were married 2 weeks ago. If the application is made on, say,  1st October (neatly allows financials etc to be prepared up to 30th September) it is unlikely that a decision with be made before 2nd December.

 

I guess my question is really about Immigration status between application and decision - and whether the applicant can legitimately stay during that period. I cannot believe that she would need to depart by 2nd December if the Leave to Remain application is under consideration.

 

That then begs the question  ....why not string it out until the latest date possible - as long as the application is submitted within the currency of the fiancee visa.

 

I am not suggesting that they do that, I am just interested to know the official position.

 

 

[Faz]

5 hours ago, Chaimai said:

They were married 2 weeks ago. If the application is made on, say,  1st October (neatly allows financials etc to be prepared up to 30th September) it is unlikely that a decision with be made before 2nd December.

Usually entering on a Fiancée Visa, the intention is to marry. They would expect you to marry and apply for further leave to remain sooner rather than later. He should have ensured the financials were already in place before apply for the 'Fiancée Visa'.

Technically even if they submit an application for 'leave to remain' if her Visa and current permission of stay expire, she is on overstay. If the application is granted then any period of overstay is ignored, but still remains on record. If refused she has the right to appeal which must be submitted within 14 days of the refusal.

More info here:
https://immigrationbarrister.co.uk/overstaying-and-applying-for-further-leave-to-remain/

 

[Chaimai]

2 hours ago, Faz said:

Usually entering on a Fiancée Visa, the intention is to marry. They would expect you to marry and apply for further leave to remain sooner rather than later. He should have ensured the financials were already in place before apply for the 'Fiancée Visa'.

Technically even if they submit an application for 'leave to remain' if her Visa and current permission of stay expire, she is on overstay. If the application is granted then any period of overstay is ignored, but still remains on record. If refused she has the right to appeal which must be submitted within 14 days of the refusal.

More info here:
https://immigrationbarrister.co.uk/overstaying-and-applying-for-further-leave-to-remain/

 

 

Thank you again.

 

No problem with financials etc - as you say, these were all provided for the fiancee visa application (and in the knowledge that the same criteria applies to the Leave to Remain application.

 

It is just about timing. There appears to be no obvious reason, or benefit, in delaying the application.

[Chaimai]

Just as an aside, I also posted this question elsewhere

 

I received (what I considered to be) an arrogant and high handed reply from the usually helpful TM.

 

My post, pointing that out and commenting on the much more helpful response from Thaiger Talk, was deleted by the affable OG.

Edited November 2, 2021 by Faz
mentioning other forum and members.