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Posted

Hello guys,

Last year I found a UK website that tells you the earliest date that you can apply for the next part of the visa, I have spent all morning trawling various websites looking for the site/page

but can't find it, 

Does anyone know what website I can input my wife's information to get the earliest date that we can apply for the second part of her FLR (M) visa (5 year route).

Thanks guys

Willie

Posted

There is no actual minimum time you must have lived in the UK before applying for FLR. You can apply at any time before your current visa or leave to remain expires. But applying too early is costly!

 

If you are on the 5 year family route, which I assume your wife is,  then your initial leave is valid for 33 months. Most people apply when they have lived in the UK for 30 months. That way their FLR will expire when they have lived in the UK for 5 years and so they can immediately apply for ILR; assuming they meet the requirements for same.

 

However, some people, for a variety of reasons, delay moving to the UK for more than three months after the start of their initial visa. In which case their initial visa will expire before they have lived in the UK for 30 months. So they will have to apply for FLR before they have lived here for 30 months.

 

As FLR is valid for 30 months, this will expire before they have lived in the UK for 5 years and so they will not be residentially qualified for ILR, and will have to apply for a second FLR to make up the difference.

 

There used to be a convention that you could apply up to 28 days before you had lived in the UK for 30 months and your FLR would start on the actual 30 month anniversary. I suspect that is still the case; but like you I cannot find any official reference to it anymore.

 

This was useful to those who delayed their first entry to the UK for over 3 months but less than 3 months 28 days as it enabled them to get their application in before their visa expired.

 

Provided your wife first entered the UK with at least 30 months validity left on her initial visa there is no reason why she cannot apply after living in the UK for 30 months. Don't worry about her visa expiring after submitting the application. As long as her current leave is valid when she submits the application, it will be automatically extended until a decision on her FLR application has been made.

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