Applying to remain in the UK

Hello everyone,
It's getting around that time for me to have to apply to remain in the UK again. Actually have to get my passport renewed first so once I start that process and if everything goes okay there, the soonest I'll be able to renew my visa is probably sometime in December. But, thought I should get started asking questions now in preparation,
Originally came on a 6 month finance visa and then applied to remain for additional 2 and half years after our wedding. So, this will be the 2nd time going through the visa renewal process for an additional 2 and a half years.
First question, I seem to get mixed up with the date I can actually apply to remain. I seem to recall seeing a 28 days date, but is that the date I have to renew by or the time period I have to wait to renew. Can I renew my visa for an additional 2 and a half years at any time. I thought it was the 28 day period I had to wait for, but looking back wasn't clear if I could just renew my visa any point.
Second question, do I have to pay the NHS fee once again. I paid the 500 pound or so NHS fee the first time I applied to renew my visa, but not clear if I have to pay the fee again.
Almost definitely will have more questions in the future when I get closer to going through the application process again, but thought I should go ahead and start asking a couple questions now as well. Thank you.

First question, I seem to get mixed up with the date I can actually apply to remain. I seem to recall seeing a 28 days date, but is that the date I have to renew by or the time period I have to wait to renew. Can I renew my visa for an additional 2 and a half years at any time. I thought it was the 28 day period I had to wait for, but looking back wasn't clear if I could just renew my visa any point.

As you entered on a fiance visa and switched to FLR(M), the EARLIEST date you can apply for your renewal is 28 days before your visa expires.

If you renew your visa earlier than that, then there's a chance that your second FLR(M) could expire before you can qualify to apply for ILR... which would mean having to apply for a THIRD FLR(M) to cover the gap!

Second question, do I have to pay the NHS fee once again. I paid the 500 pound or so NHS fee the first time I applied to renew my visa, but not clear if I have to pay the fee again

Yes you do, because the IHS surcharge only covers you for the length of your visa... last time, it was £200 per year for 2.5 years (which was £500 in total). So, when you apply for your second FLR(M), you have to pay again, to cover your NHS care for the next 2.5 years.

However, the IHS surcharge is going to be doubling in December (we don't have a date for it yet though as the government haven't announced it), and it will now be £400 per year... so, I'm afraid you'll likely be paying £1,000 this time, not £500 .

Yikes!!! Does the date start 28 days before your BRP expires? If anyone can please give a basic list as to what that visa requires for documents as well as the form one uses that would be great. Also does anyone know what else will go up in price? Thank you!!

As you entered on a fiance visa and switched to FLR(M), the EARLIEST date you can apply for your renewal is 28 days before your visa expires.

If you renew your visa earlier than that, then there's a chance that your second FLR(M) could expire before you can qualify to apply for ILR... which would mean having to apply for a THIRD FLR(M) to cover the gap!

Yes you do, because the IHS surcharge only covers you for the length of your visa... last time, it was £200 per year for 2.5 years (which was £500 in total). So, when you apply for your second FLR(M), you have to pay again, to cover your NHS care for the next 2.5 years.

However, the IHS surcharge is going to be doubling in December (we don't have a date for it yet though as the government haven't announced it), and it will now be £400 per year... so, I'm afraid you'll likely be paying £1,000 this time, not £500 .

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Yikes!!! Does the date start 28 days before your BRP expires? If anyone can please give a basic list as to what that visa requires for documents as well as the form one uses that would be great.

Not sure what you mean by this. You can apply for your next FLR(M) 28 days before your BRP expires.

It’s the same documents as for your last FLR(M) application. The application form is now online only though, as they just got rid of the paper form at the beginning of this month.

However, as you won’t be applying for another 2 years, things may change between now and then.

The important thing to be doing at the moment is making sure you collect and save all your mail, ready for the 6 items of correspondence for the next application.

Also does anyone know what else will go up in price? Thank you!!
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The visa fees increase every year, and FLR(M) has been approved to rise as high as £3,250 by 2020... whether it will go that high or not is yet to be seen.




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This is an old wife's tale (as is a lot of advice on this forum, it seems)

You can apply at any time

in fact you can extend your leave every month -- if you pay the fees and submit docs every time, you wil keep getitng it

But since you presumably  do not want to pay more fees than necessary, you must keep in mind that you will get 2.5 years (30 months) leave, and you need 5 full years for ILR  FROM THE DATE OF THE FIRST GRANT OF LTR

so take care that  you apply in such a fashion that you will have 5 years  completed once granted 2.5.

the origin of the old wife's take about 28 days is that UKVI has a policy of accepting applications for ILR 28 days early , so shortfall of less than 28 days is not critical but it is undesirable as it limits your options.

why did this sensible advice  become a popular myth that somehow it means you cannot apply earlier, baffles me -- and also that some people keep restating it with such self assurance

Olga, we know that you can apply any time but that is not what people are really asking. They want to know when it's best to apply. Telling them that they can apply any time really serves no purpose other than to showcase your understanding of that particular intricacy and further confuse the applicant.

This is an old wife's tale (as is a lot of advice on this forum, it seems)

You can apply at any time

in fact you can extend your leave every month -- if you pay the fees and submit docs every time, you wil keep getitng it

But since you presumably  do not want to pay more fees than necessary, you must keep in mind that you will get 2.5 years (30 months) leave, and you need 5 full years for ILR  FROM THE DATE OF THE FIRST GRANT OF LTR

so take care that  you apply in such a fashion that you will have 5 years  completed once granted 2.5.

the origin of the old wife's take about 28 days is that UKVI has a policy of accepting applications for ILR 28 days early , so shortfall of less than 28 days is not critical but it is undesirable as it limits your options.

why did this sensible advice  become a popular myth that somehow it means you cannot apply earlier, baffles me -- and also that some people keep restating it with such self assurance

Olga we’ve had an issue of EVERY SINGLE THREAD you reply on being shut down due to not following forum rules.  This is detrimental to people seeking our advice which is concise, correct, referencing government resources, evaluating each situation for their own merit, and free. 

Please follow the forum rules:

https://talk.uk-yankee.com/index.php?topic=94998.msg1257685#msg1257685

This is an old wife's tale (as is a lot of advice on this forum, it seems)

This is my favourite because she says our advice is old wives tales and then she gives no sources for her advice... You're just supposed to trust her because she says she's an "immigration advisor."

Is there any wiggle room in the 28 day rule. Doesn't sound like it, but thought I would at least make sure. My luck that the NHS surcharge starts 4 days before the 28 day period for me to renew my Visa.

While I am asking, what happens when I hit 5 years. Which visa do I then apply for. Thanks.

Is there any wiggle room in the 28 day rule. Doesn't sound like it, but thought I would at least make sure. My luck that the NHS surcharge starts 4 days before the 28 day period for me to renew my Visa.

Unfortunately, as you arrived on a fiance visa and then switched to FLR(M), there's really no wiggle room - because your FLR(M) visas are valid for exactly the number of days that it takes to qualify for ILR.

So if you apply more than 28 days before your current FLR(M) expires, there's a chance your second FLR(M) will expire before you can qualify for ILR... which would mean applying for a THIRD FLR(M) and pay another 2.5-year IHS surcharge just to cover you for those few days.

Which would mean rather than just paying an extra £500 for the IHS this time, you could end up paying an extra £2,000-3,000+ for another visa and IHS in 2.5 years' time

While I am asking, what happens when I hit 5 years. Which visa do I then apply for. Thanks.

You apply for ILR using the SET(M) form:
https://www.gov.uk/settle-in-the-uk/y/you-re-the-family-member-or-partner-of-a-british-citizen/no/partner/you-re-still-with-your-partner

Is there any wiggle room in the 28 day rule. Doesn't sound like it, but thought I would at least make sure. My luck that the NHS surcharge starts 4 days before the 28 day period for me to renew my Visa.

This forum has deduced that the IHS fee goes up on January 8th, right?  If oden's first FLR(M) was approved on or around July 29th, 2016 (which is when (s)he posted here that they'd received their approval letter and passport), wouldn't it expire on (or around) January 29, 2019?  And 28 days before that is around January 1st... so there's a window of opportunity, isn't there?  Or have I got bad maths?  Oden, what date does your current visa start and end?

Also, just to be clear, the IHS fee started several years ago.  The issue now is that it is set to double imminently.  You will either pay £500 (current/old rate) like you did in 2016, or £1000 (upcoming rate) for the IHS.  This is, of course, in addition to your application fee.

Hello,
I was just about to ask that question. I had been going be the valid until date on my BRP card which is the 8th of February. However the date it was issued and the date listed on the letter approving my Visa is the 27th of July. So, which date should I go by. Is the 27th of January my visa expiration date I would back track 28 days from or would the 8th of February the date my Visa expires and thus would back track 28 days from there.
Also, if it is the 27th, could I complete the application the day before the fee increase and then send in my documents and materials say a week later or would I need to post them with a couple days or so of completing my application online. Thank you.

Hello,
I was just about to ask that question. I had been going be the valid until date on my BRP card which is the 8th of February. However the date it was issued and the date listed on the letter approving my Visa is the 27th of July. So, which date should I go by. Is the 27th of January my visa expiration date I would back track 28 days from or would the 8th of February the date my Visa expires and thus would back track 28 days from there.
Also, if it is the 27th, could I complete the application the day before the fee increase and then send in my documents and materials say a week later or would I need to post them with a couple days or so of completing my application online. Thank you.

You go by the date printed on the visa, because that is the date your visa expires... which is February 8th.

The date on the letter is just when the letter was written... it has nothing to do with the validity dates of your visa.

So, 28 days before your visa expires is 11th January.

Hello,
Thanks, that is what I figured. Another couple questions came to mind this morning while going over some of my previous materials. Do I need to include another letter from my surgery explaining why I don't have to pay for primary care. I hadn't been charged for any NHS services and got a letter from my surgery explaining why I haven't been. In the letter it explains that I don't have to pay for services provided through primary care, but would have to pay for secondary care service, though luckily I haven't had to use those services yet. I still have the letter from last time dated from May of 2016. Do, I need to get an updated letter or can I use the same letter. And is it even necessary this time.
Also, I finally was able to get work a few months ago, I'm assuming I won't be getting my P60 in time, but I do have my past payslips online as I don't get a paper copy. Can I print those past payslips to use as another source of proof of address and meeting the financial requirements. If I do print them out, do I need someone from my work to sign or stamp them. Thanks again for all of your help.

Hello,
Thanks, that is what I figured. Another couple questions came to mind this morning while going over some of my previous materials. Do I need to include another letter from my surgery explaining why I don't have to pay for primary care. I hadn't been charged for any NHS services and got a letter from my surgery explaining why I haven't been. In the letter it explains that I don't have to pay for services provided through primary care, but would have to pay for secondary care service, though luckily I haven't had to use those services yet. I still have the letter from last time dated from May of 2016. Do, I need to get an updated letter or can I use the same letter. And is it even necessary this time.

No, you don't need any letter from the NHS (and I don't think you needed it last time either).

Your current visa entitles you to use ALL NHS services for free, both primary and secondary care, so there is no need for the surgery to state this and there is no need for you to try not to use the NHS - because for the last 2.5 years, you have been allowed to get any treatment you need for free. The whole point of paying the IHS surcharge is so you are entitled to free healthcare.

It was only during the 6 months of your fiance visa that you were not allowed to use the NHS for free.

However, you may want to use the old letter as part of your relationship evidence... towards the 6 items of correspondence showing you and your spouse have lived together for the last 2 years.

Also, I finally was able to get work a few months ago, I'm assuming I won't be getting my P60 in time, but I do have my past payslips online as I don't get a paper copy. Can I print those past payslips to use as another source of proof of address and meeting the financial requirements. If I do print them out, do I need someone from my work to sign or stamp them. Thanks again for all of your help.

You won't get a new P60 until May 2019, so if you don't have one from 2017/2018, then you just don't include one.

If you are using your online payslips to meet the financial requirement, they MUST be accompanied by a letter from your employer confirming their authenticity. This can be combined with the mandatory employer letter confirming your employment details.

Thanks for all of your help today and over the years.
If I use the pay slips as another proof of address source, do I still need to get a letter from my employer confirming my work details. Thanks.