FLR(M) Timeline - BRP expires December 25th, 2021

Hi all!
It's been a minute since I've been on the board -- I can never thank you enough forgetting here in the first place -- 
Couple of FLR (M) questions - mainly to do with timing.  My BRP expires on 25-12-2021.
On the gov't website, the guidance says: 
You can apply to extend your stay with your family member if you’re already in the UK on a family visa.
You can extend at any time before your current permission to stay in the UK expires.
If you’re extending to stay with the same family member, you’ll only get up to 28 days left on your current stay added to your new visa.

However, according to multiple other sources, you shouldn't apply outside of 28 days. Here's an example of  wording used:

 If you are currently in the UK on a spouse visa, the date of application should not be more than 28 days before your current spouse visa expires
This is because if you apply earlier than this (e.g. you apply on the 1st November when the spouse visa expires on the 31st December), then it is possible that you will have to submit another (unnecessary) FLR(M) visa in order to reach the 5 year qualifying period.
The 5 year qualifying period (which is essentially 2 spouse visas) is the amount of time that is required in order to make the application for Indefinite Leave to Remain (ILR), assuming that in those two applications, all of the requirements are met.
I like to use this website to calculate days between dates.
I would also suggest treating the 28-day rule as a 26 day rule (just so you are on the safe side in the unlikely event of a miscalculation).

I was thinking of starting the process now, so that I may be able to travel for Thanksgiving/Christmas...but obviously not if I have to do it all over again because I'm short a couple of months when I go to apply for ILR. 

Also, when you make the application, how long does it take to get your BRP appointment? If I was to make the application now, and waited the 8 weeks for the decision, would my BRP appointment be within that time?

Thank you all for your calm heads and any help you may give.

What date did you enter the U.K.?  Were you on a spouse visa or fiancé visa?

I see from your previous posts that you applied for a spousal visa from the US?

What date did you first enter the UK on your spousal visa?

That is the date which will determine when you can apply for FLR(M)... because can apply for FLR(M) up to 28 days before you reach 2.5 years (30 months) in the U.K... and as a spousal visa is valid for 2 years and 9 months, this may actually be up to 3 months and 29 days before your BRP expires, depending on what date you entered the UK.

If your spousal visa BRP expires on 25th December 2021, then I assume it was issued around 25th March 2019... and therefore you would have moved to the U.K. in April 2019?

If that’s the case then you should reach 30 months in the U.K. sometime in October 2021, which means you can submit your online application as early as sometime in September 2021 (28 days before the date in October) and as late as 25th December 2021.

The date you submit the online application is your official application date.

You then book a biometrics appointment for a date after applying online, and once you have attended biometrics, your 8 weeks processing time starts (or if you are offered it, you can pay £800 for Super Priority which gives a visa decision within 24 hours of biometrics)

The only thing you have to do is submit the online application before your current BRP expires. Everything else, including biometrics and visa processing can be done after that.


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Oh wow you guys I got the BRP/Visa dates confused, you're right.
I'm also  on a Spousal Visa, apologies!

I entered the country on 25/3/19.. (That's the date in my vignette in my passport) -- yes we were married in the USA, and I applied from there.
the decision letter says I have permission to be in the UK from 25 Mar 2019 to 25 Dec 2021.
So...30 months in the UK would be 25 October 2021
That means I would apply September 23rd ish?
And, the whole process should take about 8 weeks or so?
Think I'll make xmas or Thanksgiving? 
THANK YOU THANK YOU!!!
 

Oh wow you guys I got the BRP/Visa dates confused, you're right.
I'm also  on a Spousal Visa, apologies!

I entered the country on 25/3/19.. (That's the date in my vignette in my passport) -- yes we were married in the USA, and I applied from there.
the decision letter says I have permission to be in the UK from 25 Mar 2019 to 25 Dec 2021.
So...30 months in the UK would be 25 October 2021
That means I would apply September 23rd ish?

Is that the date that you actually arrived at a U.K. airport and went through immigration at the border?

That is the important date and the one you need to use to calculate your 30 months.

The 30 months starts from the date you LANDED in the UK on the plane and were stamped into the country, which will not necessarily be the date that your vignette started

If your vignette started on 25/03/2019 it would have been valid until 24/04/2019... so you would have entered the UK on one of the days between those dates.

And, the whole process should take about 8 weeks or so?
Think I'll make xmas or Thanksgiving? 

It depends - with Covid delays, FLR(M) applications have been taking anywhere from about 2 weeks to 4 months for processing.


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Is that the date that you actually arrived at a U.K. airport and went through immigration at the border?

That is the important date and the one you need to use to calculate your 30 months.

The 30 months starts from the date you LANDED in the UK on the plane and were stamped into the country, which will not necessarily be the date that your vignette started

If your vignette started on 25/03/2019 it would have been valid until 24/04/2019... so you would have entered the UK on one of the days between those dates.

It depends - with Covid delays, FLR(M) applications have been taking anywhere from about 2 weeks to 4 months for processing.


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I just checked... it's stamped 22 April, but the vignette is valid from 25/4...WTH? That's odd.
Guess I came in early. After 10 yrs of slowness, everything moved very quickly at the end !

So to absolutely clarify...my date of expiration is Friday October 22, and the date to file is Sunday 26 (I'm assuming that Friday the 24th).

I just checked... it's stamped 22 April, but the vignette is valid from 25/4...WTH? That's odd.
Guess I came in early. After 10 yrs of slowness, everything moved very quickly at the end !

That’s weird - are you sure the vignette is 25/4? It should start on the same date as your BRP, which you said was 25/3.

If it did indeed start on 25/4, then your spousal visa BRP should be valid until 25th January 2022, not 25th December 2021.

So to absolutely clarify...my date of expiration is Friday October 22, and the date to file is Sunday 26 (I'm assuming that Friday the 24th).

Not quite, that’s just the date you reach 30 months in the U.K., not your expiration date.

If you entered the UK on 22nd April 2019, then you will reach 30 months in the UK on 22nd October 2021... which means that the EARLIEST date you can apply online is Friday 24th September 2021.

The LATEST date you can apply online is the expiry date of your BRP, which you said earlier is 25th December 2021.

So, your application window is:
24th September to 25th December 2021

And you can submit your application on ANY DAY between those 2 dates.


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That’s weird - are you sure the vignette is 25/4? It should start on the same date as your BRP, which you said was 25/3.

If it did indeed start on 25/4, then your spousal visa BRP should be valid until 25th January 2022, not 25th December 2021.

Not quite, that’s just the date you reach 30 months in the U.K., not your expiration date.

If you entered the UK on 22nd April 2019, then you will reach 30 months in the UK on 22nd October 2021... which means that the EARLIEST date you can apply online is Friday 24th September 2021.

The LATEST date you can apply online is the expiry date of your BRP, which you said earlier is 25th December 2021.

So, your application window is:
24th September to 25th December 2021

And you can submit your application on ANY DAY between those 2 dates.


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I just checked and these dates are exactly right.
My vignette was stamped valid from 15/3/19, expires 24/4/19 - that's what was confusing me!
I actually entered the country on April 22nd.
My BRP is issued 15/3/19
So yes the earliest would be Friday, Sept 24...

Apologies for the late reply -- thanks for your courtesy!

I just checked and these dates are exactly right.
My vignette was stamped valid from 15/3/19, expires 24/4/19 - that's what was confusing me!
I actually entered the country on April 22nd.

My BRP is issued 15/3/19

Oh, that’s fine then .

As long as you entered the UK between 15/3/19 and 24/4/19, you’re all good.

I thought you meant your vignette was valid from 24/4 to 23/5 but that you entered on 22/4 without a valid visa.

So yes the earliest would be Friday, Sept 24...

Apologies for the late reply -- thanks for your courtesy!

Yes, if you entered on April 22nd 2019, you can apply from Sept 24th 2021


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Hi, I thought I'd just jump in and bump this up 
I'm the other half in this equation. My wife is busy working from home downstairs so as I'm currently off work sick with a horrid head cold (cough splutter)s o she's utilising me to go through our application and pull together all our evidence and wotnot.
I'd forgotten quite how stressful doing the original spousal visa was a couple of years ago until we started on this....eek!!! 

Anyway, I'm sure we'll have a bunch of last minute questions and a document list check but for the minute...

Regards correspondence, the only thing with both our names on is the council tax bill. I know we really should have switched utilities to both our names etc but it was on one of those to do lists that never got done....oops. Anyway we have plenty of stuff separately with the address on. So If I include the council tax bill and then 6 separate from each of us that should be okay?  Regards spacing do they have to be equally spaced over 2 years (as in exactly so many months between each one) or just roughly (i.e maybe 3 months between one and 5 months between another?)
I have also written a short letter just explaining that when my wife moved in with me (April 2019) at my old address it just seemed convenient to simply transfer all the utility bills to the new address when we moved in September that year and keep the direct debits as they were and that my wife just pays her half of the bills into my account every month (as evidenced by our bank statements we're supplying).

Hopefully when I stop stressing everything should be fairly straightforward, we've no problem with the financial requirements and have all the necessary pay slips, bank statements, letters from employers etc., no children involved.
My wife can meet the financial threshold  on her own but we felt there was no harm in supplying my financial stuff too, just to be on the super safe side.

Anyway, excuse all the waffling, I'll blame the head cold 

Last minute panic questions to follow.

Thanks 

Regards correspondence, the only thing with both our names on is the council tax bill. I know we really should have switched utilities to both our names etc but it was on one of those to do lists that never got done....oops. Anyway we have plenty of stuff separately with the address on. So If I include the council tax bill and then 6 separate from each of us that should be okay? 

That’s fine. There is no requirement to have anything in joint names… you just need to provide 2 separate items for each month you are using instead of 1 joint item.

Regards spacing do they have to be equally spaced over 2 years (as in exactly so many months between each one) or just roughly (i.e maybe 3 months between one and 5 months between another?)

The requirement is that they must be ‘evenly spaced’… and 2 years divided evenly by 6 documents = 1 document dated every 4 months

So you want to have them as evenly-spaced as possible. If you absolutely cannot provide documents dated every 4 months, but you have 3 months/5 months, you must write a letter of explanation outlining the reason why they are not evenly-spaced.

I have also written a short letter just explaining that when my wife moved in with me (April 2019) at my old address it just seemed convenient to simply transfer all the utility bills to the new address when we moved in September that year and keep the direct debits as they were and that my wife just pays her half of the bills into my account every month (as evidenced by our bank statements we're supplying).

You do not need a letter for this, as this does not need to be explained. They don’t care which of you is named on the bills or who pays the bills, they just need to see that mail has been delivered to both of you at the same address as each other to show you were both living in the property at the same time.

My wife can meet the financial threshold  on her own but we felt there was no harm in supplying my financial stuff too, just to be on the super safe side.

No, you should NOT do this. It will only complicate your application and mean you have to provide double the amount of financial paperwork…. Which means more chance of making a mistake with the evidence, which increases the chance of a refusal.

For example, if your wife’s income meets the requirements on its own and she provides all the documents, the visa will be granted. However, if you also include your income too, but one of your documents is missing or incorrect, they might refuse the visa due to insufficient evidence because they will look at both your financial documents as a whole.

So, if your wife’s income meets the requirements, then ONLY include her income on the form and fill it out as if you do not work. Then you only provide her financial evidence and leave it at that.


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Thanks so much ksand24 for the quick reply, much appreciated.

Correspondence, okay, I'll go through the heaps and try and get one each from us every 4 months (or as close as we can).

As for the financial stuff if we don't need to include my earnings as well that will indeed cut down on the amount of evidence we're having to supply, I guess we were just assuming it was prudent to provide more than was needed but I guess in this case, it's not. We certainly don't want to over complicate things unnecessarily.
Quick question though, does it matter that my wife's current employment (which she has been in since Oct 2019) is on a fixed term contract until March 2022? She's fairly confident the contract will be renewed after that but obviously can't guarantee that.

As for the financial stuff if we don't need to include my earnings as well that will indeed cut down on the amount of evidence we're having to supply, I guess we were just assuming it was prudent to provide more than was needed but I guess in this case, it's not. We certainly don't want to over complicate things unnecessarily.

No, the important thing with visa applications is to provide only what is required and not more or less than that... because providing too much can confuse things, and it risks the important documents getting lost amongst the unnecessary ones.

It's a tick box visa... all they need to do is be able to tick the box to say the documents have been provided and meet the requirements. So, when it comes to the finances, all they need to do is tick a box to confirm that ONE of your incomes is at least £18,600. The only time you need to provide evidence of both incomes is when neither of you earns £18,600 and you have to combine your earnings to meet the requirements.

Quick question though, does it matter that my wife's current employment (which she has been in since Oct 2019) is on a fixed term contract until March 2022? She's fairly confident the contract will be renewed after that but obviously can't guarantee that.

It hopefully wouldn't be an issue, but if you're concerned about it, you could use your income instead of hers and leave hers out completely.

If both of you are able to meet the income requirements individually, then you can decide which income to use, based on which employment is easiest to meet the requirements and/or provide the documents for.

It hopefully wouldn't be an issue, but if you're concerned about it, you could use your income instead of hers and leave hers out completely.

At the moment hers is the only one that is above the requirement on it's own. Mine currently falls just below as I recently reduced my hours in July. My employer has left it open for me to go back to my old full time hours should I wish or need to but that would obviously be no help regards this application.
To be honest I haven't seen anything in any supporting information saying that the income/employment needs to be guaranteed for a set period into the future, unless I've missed something? Just being my natural anxious self.

At the moment hers is the only one that is above the requirement on it's own. Mine currently falls just below as I recently reduced my hours in July. My employer has left it open for me to go back to my old full time hours should I wish or need to but that would obviously be no help regards this application.
To be honest I haven't seen anything in any supporting information saying that the income/employment needs to be guaranteed for a set period into the future, unless I've missed something? Just being my natural anxious self.

If you only reduced your hours in July and your income over the past 12 months exceeded the threshold, you could take your boss up on his offer to return to full-time and apply using your income, Category B.  Then you don't have any doubts regarding your wife's fixed term contract.