FLR(M) - When can this be applied for?

Hi all,

My wife's visa expires on 01/01/2018 and I was wondering when would we need to apply for her to next FLR(M) visa?

For the record, she entered into the country on 20th June 2015, however the visa itself started on 01/04/2015.

Any help you can provide is very much appreciated.

Many thanks.

Ashley

She can apply up to 28 days before she reaches 30 months in the UK - that is, 30 months from the date she first entered on her spousal visa.

So, if she entered the UK on 20th June 2015, she will reach 30 months in the UK on 20th December 2017... so the earliest she can apply for FLR(M) is 28 days before that: 22nd November 2017. The latest she can apply is the expiry date of her visa.

Hi Ksand,

Thank you so much for your response.

We are likely visiting my wife's family for Thanksgiving in November.  Do you think it would be OK to travel so close to the visa renewal date?

Regards,

Ashley

So long as she re-enters the UK prior to Jan 1, 2018 she'll be fine.  Just be prepared to tell them you have the renewal ready to go.   

Hi all,

Sorry to dig this thread up but I'm getting worried.

Looking on https://www.gov.uk/uk-family-visa it states, "The earliest you can apply is 28 days before your current permission (called ‘leave to remain’) expires. Any time you have left will be added to your new permission to stay, up to a maximum of 28 days."

Does this not mean it would be 4th December 2017 if my wife's visa expires on the 1st January 2018?

Thanks for any help you can provide.

Regards,

Ashley

Looking on https://www.gov.uk/uk-family-visa it states, "The earliest you can apply is 28 days before your current permission (called ‘leave to remain’) expires. Any time you have left will be added to your new permission to stay, up to a maximum of 28 days."

Does this not mean it would be 4th December 2017 if my wife's visa expires on the 1st January 2018?

What type of visa does she currently have?

If she entered the UK on a 33-month spousal visa, what matters is the date she ENTERED the UK, not the expiry date of the visa, because the visa is valid for 3 months longer than it takes to qualify for FLR(M).

She only has to spend 30 months in the UK on the spousal visa before applying for FLR(M). Then it's another 30 months on the FLR(M), and she can apply for ILR after 60 months in the UK.

So, with a spousal visa:
- Entered the UK on 20th June 2015... this is the start of her 30 months
- Her visa expires on 1st Jan 2018
- She reaches 30 months on 20th December 2017
- She can apply for FLR(M) 28 days before she reaches 30 months in the UK... which may be MORE than 28 days before her visa expires, depending on what date she entered the UK
- This means she can apply for FLR(M) at anytime from 23rd November 2017 to 1st January 2017

But with an FLR(M) visa:
- FLR(M) visa granted on 20th June 2015
- FLR(M) expires on 20th December 2017
- She reaches 30 months on 20th December 2017
- She can apply for FLR(M) 28 days before she reaches 30 months... which is ALSO 28 days before her visa expires
- She can apply for FLR(M) at any time between 23rd November 2017 and 20th December 2017

Hi Ksand,

Sorry, I thought have been more clear.  She currently has a spousal visa, and we're looking to apply for FLR(M) this year.

I think what you've said has cleared things up already so thank you very much for the prompt response.  It's very, very scary when a mistake could risk having your wife deported so your detailed answer has helped calm my nerves. I always get really anxious about this sort of stuff so again, thank you very much.  You're a hero!

Sorry, I thought have been more clear.  She currently has a spousal visa, and we're looking to apply for FLR(M) this year.

No worries - just wanted to make sure, as the date she can apply depends on exactly which type of visa she has... and some people use 'spousal visa' and 'FLR(M)' interchangeably, when actually they are different visas, valid for different lengths of time

I think what you've said has cleared things up already so thank you very much for the prompt response.  It's very, very scary when a mistake could risk having your wife deported so your detailed answer has helped calm my nerves. I always get really anxious about this sort of stuff so again, thank you very much.  You're a hero!

Well, either way, it doesn't matter if you apply 28 days before 30 months, or 28 days before the expiry date... the important thing is that the application has been submitted (or an in-person appointment attended) before the expiry date.

What she can't do is apply MORE than 28 days before 30 months (i.e. before 23rd November)... because doing that could cause her next visa to expire before she qualifies for ILR in 2020, which would mean ANOTHER FLR(M) application to bridge the gap between the visas.