Immigration Corner | Extending the family visa beyond six months

Dear Mr Bassie,

I plan to visit the United Kingdom and I may want to stay longer than six months. Please advise if this would be possible. Any advice would be greatly appreciated.

CC

Dear CC,

Persons should be aware that they will need a family visa to live with a family member in the United Kingdom (UK) for more than six months.

When persons are applying from outside of the UK, they can apply for a family visa to live with their: spouse or partner; fiancé, fiancée or proposed civil partner; child; parent; or a relative who would provide long-term care for them. Persons who are visiting the UK for six months or less should check if they need a Standard Visitor visa or Marriage Visitor visa.

EXTENDING THE FAMILY VISA

Persons can apply to extend their stay with a family member if they are already in the UK on a family visa. Those persons can extend it at any time before their current permission to stay in the UK expires.

If they are extending to stay with the same family member, they will only get up to 28 days left on their current stay added to the new visa.

Please note that persons must live in the UK for a certain amount of time before they are eligible for settlement (‘indefinite leave to remain’). Before extending the visa, persons should check how much time they need to settle in the UK. They might be able to apply to stay on the basis of their private life if they have already lived in the UK for many years.

SWITCHING TO A FAMILY VISA

Persons who go to the UK on a different visa might be able to switch to a family visa to stay with their spouse or partner; child; or parent. Please be aware that persons can switch at any time before their current permission to stay in the UK expires.

FEES

How much it costs will depend on who the applicant is joining and how they apply. The cost if applying from outside of the UK and joining a partner, parent or child is £1,846; and the cost for each dependent added to the application is £1,846 for each person.

The cost if applying from within the UK and joining a partner, parent or child is £1,048; and the cost for each dependent added to the application is £1,048 for each person.

HEALTHCARE SURCHARGE

Persons might also need to pay the healthcare surcharge as part of their application.

For each adult (18 or older) it costs:

• £2,587.50 if staying for two years and six months;

• £3,105 if staying for two years and nine months;

• £5,175 if staying for five years.

For each child (under 18), it costs:

• £1,940 if staying for two years and six months;

• £2,328 if staying for two years and nine months;

• £3,880 if staying for five years.

Persons who are applying from the UK may be able to pay an extra £1,000 for the super priority service to get a faster decision. Please note that they cannot use the super priority service if they are applying as an adult going to be cared for by a relative. Once the successful applicant is in receipt of the decision letter, their biometric residence permit will take up to 10 working days to arrive.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com