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Discussion Starter · #1 ·
HI everyone,

My wife was issued 33 month spouse visa in Hong Kong and my daughter ILR leave in November 2015.Since my daughter was reaching the age of 18 I had to quickly apply We went there and got the BRP and returned soon afterwards I have been here since then .My wife's visa will be expiring on July 2018 Iam now thinking to go back there but will there be a problem when i renew or extend her visa in Uk in July 2018.I know they will count from beginning for my wife's residency in uk thats its ok but my question is it possible they don't give my wife extension or renew her visa in UK at that time of renewing or extending I plan leave in the next few months and stay there from say from Oct to July .Is is advisable to apply all over in Hong Kong if so when can I apply from Hong Kong must wait until expiry or can apply before from here. also if I apply for initial 33 months from Hong Kong again do i need her to take A1 again since it was issued in Hong Kong in July 2015. If renew or extend in UK do i need A1 or A2.

Your Professional advise is most appreciated

thanks in advance
 

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She can't apply in Hong Kong for renewal or extension - it can only be for a new visa, resetting the clock. So she (and possibly you) have to return to UK to apply. Whether she is eligible to renew depends on meeting the requirements, one of which is UK residency. Being out of UK for 9 months may be an issue, but it depends on the circumstances. If it's a leave of absence, extended holiday etc, that could be a problem. If she has to reapply for her visa, she will need a fresh pass at A1 unless her current pass is still valid and on the approved Home Office list. If she is able to renew in UK, she will need a pass at A2.
 

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Discussion Starter · #3 ·
Hi,

Thanks for your reply.

Just to clarify If I apply new visa from Hong Kong do I have to wait until expiry before applying or I can apply before anytime . A1 is still listed in the test list but I want to know is there any time limit of the certificate say like 2 years.

I will surely be absent for UK for more than 9 months so it it advisable to go ahead and go there to UK to extend or renew? if extending or renewing is not advisable but can I apply her new application within UK like Hong Kong.


Thanks
 

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As it's a new visa, she can apply at any time. Your certificate should state what the validity is.
As I've said, she may or may not be able to renew her visa. Extending should be simpler, providing she still meets the financial requirement. Hong Kong isn't within UK.
 

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Discussion Starter · #5 ·
Hi,

Thanks for your reply again,

Do you mean I can extend my wifes visa before expiry they wont be any problem providing i meet the finacial requiremnt even though we stayed in uk say like only final 9 months in UK in a 33 months visa?

1. Do i and wife need to show 6 moths salary total 18600(combine) in uk prior to application to extend also?
2. Does she need A2 test for extend?
3. If we dont meet the finanical requiremnt can I change to 10 year partner route and extend since I come to know there is no financial requirement .Are there any other major requirements that I or my spouse need to meet like how many months before you must be in UK prior to application in a 10 year route. Am I eligible for this 10 year partner route.

Thanking you in advance and really appreciate your help
 

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#1 You need to meet the financial requirement in one of several ways. Look at FM1.7 guidance.
#2 No just A1.
#3 You can't change to 10-year route unless there are serious reasons why you and your partner can't live together in another country or you have a child together.
 

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Discussion Starter · #7 ·
Hi,

Thanks for your quick reply

My son who is 16 and who is a British citizen and daughter on ILR will be going as well to settle in UK from Hong Kong in this case can my wife extend on basis of 10 year partner route at that time if I am not able to meet the financial requirement since we might not right way find it difficult to find a job since July my wife visa will expire and my cash saving might not be enough.

To extend add months to what form is required? if my financial requirement is not met can I add mine and my spouses salary in Hong Kong before before departure making up for the salary in UK?


Thanking you for your help
 

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Home Office needs to be convinced that it's in the children's best interest to stay in UK, such as they are settled in school etc. But as they are returning to UK after being in Hong Kong for a while, that may not be the case.
To meet the financial requirement under 5-year route, you will need in addition job offer in UK starting within 3 months of returning earning at least £18,600. Plus having earned at least £18,600 pa in HK. £18,600 can be reduced if you have savings of at least £16,000 held for a minimum of 6 months. To meet the requirement by savings alone, you need £62,500.
 

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Discussion Starter · #9 ·
Hi,

Thanks for your reply.

Understand the first part

Second part do you mean to reapply new application from Hong Kong that I know you need a job letter starting from 3 months and earning 18600 per month per year .That I have done in 2015.

Do you mean to extend in UK on expiry of my wife's visa in July u need to show Hong Kong income in last 12 months plus a job letter in UK? say like you moved ito UK Jan 2018 you need whole of 2017 income in Hong Kong say 18600 mines alone or both? plus a job offer starting within 3 months on return to UK if so that means I can extend my spouse visa in Jan 2018 instead of July 2018 is that what you mean you can calculate Hong Kong INCOME even though Iam applying in UK

If I and my spouse work in UK from JAN 1 to June 30 earning 18600 equivalent per year for 6 months with same employer before applying in July 2018 will it also be ok?. By the way if 18600 is not met in 6 months (with cash savings also) can I and my wife calculate both of our incomes in 2017 in Hong Kongto meet.. If my financial requirement is not met will they cancel my wife visa and she she to leave or they will give some time in UK to meet the requirement

Its a bit confusing sorry for the trouble.I don't not know should I reapply in Hong Kong or go there to to extend ?If I reapply o application from Hong Kong will there be a problem has when it was issued in 2015 you did not settled in UK

Thanks again
 

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If she applies in UK, it will be different. She or you must be in a job for at least 6 months, earning at least £18,600 minimum. This is under Cat A. Under Cat B, either of you need to be in a job earning at least the minimum for less than 6 months, and you need to have earned at least £18,600 in the current and previous jobs (in UK or HK) during the last 12 months.
 

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Discussion Starter · #11 ·
Hi Joppa

Thanks for all your replies.

Please help me if the case as follows will there be any problem of visa.

June to May my salary in Hong Kong and UK total say pound(19000) 12months in total say 8 months earnings in Hong Kong and 4 months earning in UK is this ok?

Reach UK say in March either me or my spouse get a full time Job of minimum 18600 per year (just 3 months payslips for (from March To May) for application to extend in UK in June (spouse visa expiring on end of July 2018 .

Will this meet the financial requirement under Cat B since we will only be in UK for for only 3 months prior to application(so my spouse will only be in UK for abt 3 months total after being issued a 33 months visa
Will this be ok or they might cause a problem to extend. Since I can receive all my bonuses in Hong Kong before I leave to UK

Thanks once again
 

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Discussion Starter · #12 ·
Hi Joppa

Thanks for all your replies. Can you reply me back

Please help me if the case as follows will there be any problem of visa.

June to May my salary in Hong Kong and UK total say pound(19000) 12months in total say 8 months earnings in Hong Kong and 4 months earning in UK is this ok?

Reach UK say in March either me or my spouse get a full time Job of minimum 18600 per year (just 3 months payslips for (from March To May) for application to extend in UK in June (spouse visa expiring on end of July 2018 .

Will this meet the financial requirement under Cat B since we will only be in UK for for only 3 months prior to application(so my spouse will only be in UK for abt 3 months total after being issued a 33 months visa
Will this be ok or they might cause a problem to extend. Since I can receive all my bonuses in Hong Kong before I leave to UK

Thanks once again
 

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No point in asking the same questions again and again.

YOU need to clarify what visa you are wishing to apply for.

Another initial spouse visa (since you have been living in Hong Kong for the whole period of your first initial visa) or a Further Leave to remain visa (FLR(M))

The different visas have different requirements
 
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