She did indeed enter UK on 15 October 2016 but her visa expiry date is 9 July 2019 which is 33 months not 30 as you have mentioned.
Can you please clarify why you have mentioned 30 months not 33?
She did apply when in USA and not UK.
Thanks again
I said 30 months because that's how long you have to live in the UK for before you can apply for FLR(M). The visa is valid for 33 months (originally to give you 3 months leeway to enter the UK and still qualify for FLR(M) and ILR), but you can apply for FLR(M) up to 28 days before you reach 30 months... which means she can apply any time between March 18th 2019 and July 9th 2019.
If you enter the UK on a spousal visa, your visas are issued as follows:
- 33-month spousal visa
- 30-month FLR(M)
Total visa time = 63 months
Total time you need to live in the UK for to qualify for ILR = 60 months
You can apply for ILR up to 28 days before you reach 60 months in the UK, which means you can apply for FLR(M) after only 30 months and still have enough time to qualify for ILR.
If you enter the UK on a different visa and then switch to FLR(M) (i.e. fiance visa, student visa, work visa), your visas are issued as follows:
- 30-month FLR(M)
- 30-month FLR(M)
Total visa time = 60 months
Total time you need to live in the UK for to qualify for ILR = 60 months
You can apply for ILR up to 28 days before you reach 60 months in the UK, which means you cannot apply for the second FLR(M) until 28 days before the first one expires (30 months), otherwise you may run out of time to qualify for ILR.