UK FLR(M) Application Date

[HauptmannUK]

My wife entered the UK on 10th April 2016 on a UK family settlement ('spouse') visa.

I believe this is valid for 30 months and so runs out on 10th October 2018.

She can apply 28 days before it expires, so that's 13th September.

Application date is the date that supporting documents are received at the processing centre in Sheffield.

Does that all look correct?

[rasg]

Why do you want to apply 28 days beforehand? You need to check very carefully that by applying early that at the end of the FLR that she has been in the UK the full five years. If she hasn't and she is even a few days short, she would need an extra 30 month FLR all for the sake of a few days.

 

We got married in the UK on a six month settlement visa and I sent the first FLR off by courier two days before my wife's settlement visa ran out. I checked at the time and her six month fiancée visa does not count towards the five year total.

 

There was a recent case on a different forum where ILR was refused for exactly that reason. Applying too soon. The Home Office offered another FLR in place of the ILR  and it was a very expensive mistake. 

[HauptmannUK]

7 hours ago, rasg said:

Why do you want to apply 28 days beforehand? You need to check very carefully that by applying early that at the end of the FLR that she has been in the UK the full five years. If she hasn't and she is even a few days short, she would need an extra 30 month FLR all for the sake of a few days.

 

We got married in the UK on a six month settlement visa and I sent the first FLR off by courier two days before my wife's settlement visa ran out. I checked at the time and her six month fiancée visa does not count towards the five year total.

 

There was a recent case on a different forum where ILR was refused for exactly that reason. Applying too soon. The Home Office offered another FLR in place of the ILR  and it was a very expensive mistake. 

Thank you for your reply.

I want to apply as early as possible because we'd like to do some travelling over Christmas/New Year and I am hoping the passport (with FLR) would come back before mid-December.  I don't really want to go down the rather expensive Premium (same day) route.

I don't think applying 28 days before the 30 month point should be a problem.  Appendix FM of the Immigration Rules, Section 4.1 states:

 

"A person in the UK with entry clearance or limited leave to remain as a partner granted under Appendix FM on the basis of an application made on or after 9 July 2012 should apply for further leave to remain no more than 28 days before their extant leave expires or no more than 28 days before they have completed 30 months in the UK with such leave. Where such an applicant has extant leave under Appendix FM as a partner, up to 28 days of the extant leave remaining at the date of application will be added to any period of further leave as a partner granted under Appendix FM.

An applicant on a 5-year route as a partner will be eligible to apply for indefinite leave to remain (settlement) after a continuous period of 60 months (5 years) in the UK with limited leave under that route (and excluding any period of leave granted as a fiancé(e) or proposed civil partner)."

 

So you can see that they should add 28 back on to the FLR(M) visa.  I think I have interpreted this correctly? 

Maybe to be on the safe side we will apply at 20 days before, rather than 28 ?