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  1. #1
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    Default FLR (M) Timing of Application

    Hi all. My wife's first spouse visa ends on June 1st this year - that is the 33-month point since she entered the UK on September 12th, 2016. We want to apply for the Further Leave to Remain as early as possible without being too early and eating into the 60-month period necessary for the final ILR application. Asking a probably stupid question - do the home office just use calendar months when counting up, and not defining a Month as for example, 4 weeks ? So based on the simple calendar method, i'm counting from her initial entry to the UK as SEPT 12, 2016 > SEPT 12, 2018 = 2 years, plus SEPT 12, 2018 to MARCH 12th, 2019 (6 months) = 30 Months - is that correct ? I really don't want to mess up here! Then using their '28 days before the 30 months point' as the earliest safe date to apply, does that bring us to FEBRUARY 12th, 2019 as the earliest possible SAFE date to apply ? I'm rubbish at dates so i really would appreciate someone double-checking these numbers for me please Many thanks and a belated happy new year to everyone.

  2. #2

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    I don't even bother trying to calculate dates etc. If you get it wrong the problem comes when your wife applies for ILR and she hasn't completed the full five years. They seem to be very strict about that and I have read about a couple of instances where ILR has been refused over a day or two.

    My wife's first FLR runs out in the 19th April this year. I will courier on the 16th or 17th to make sure that the application is in before her current FLR expires. Just as I did with her first.

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    Quote Originally Posted by SingerSongwriter View Post
    Hi all. My wife's first spouse visa ends on June 1st this year - that is the 33-month point since she entered the UK on September 12th, 2016. We want to apply for the Further Leave to Remain as early as possible without being too early and eating into the 60-month period necessary for the final ILR application.
    In that case, you should only apply for FLR after the 12th March. So you basically have from the 13th March to the 31st May to submit your application by post.

  4. #4
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    Got it - thanks. You say 'by post'. Is it now necessary to complete the application form and online, and then only send supporting documents by post ?

  5. #5
    Premium Member Tom & Nok's Avatar
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    Yes, that's the case. According to the application portal:

    "You must submit your documents within 10 working days of submitting your online application. If you do not do this, your application may be rejected."
    "I can calculate the movement of the stars, but not the madness of men" Sir Isaac Newton

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    I think i sent my wifes about 2 weeks before it expired at the longest not sure where we stand on that but i think we will be ok .

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    Hi Tom. Many thanks as ever. Cannot believe it's the red-tape boogie again already ! Grin and bear it....

    - - - - - - - u p d a t e d - - - - - - -

    Hi Samsung. We are not applying anywhere near the visa expiring - that isn't until June 1st. But we want to apply as soon as possible, which is up to 28 Days before the 30-month point is reached - approx 3 months before the actual end date on the BRP card. Do you mean you applied about 2 weeks before that absolutely final visa date ? From my reading that's ok, as it is not more than 28 days before that final end-date. Is this correct Tom ?

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    Quote Originally Posted by SingerSongwriter View Post
    We are not applying anywhere near the visa expiring - that isn't until June 1st. But we want to apply as soon as possible, which is up to 28 Days before the 30-month point is reached - approx 3 months before the actual end date on the BRP card. Do you mean you applied about 2 weeks before that absolutely final visa date ? From my reading that's ok, as it is not more than 28 days before that final end-date. Is this correct Tom ?
    No, should not apply 28 days before the 30 month residency is met. Your partner will reach 30 months residency on the 12th March, so you can apply anytime after then.

    When you come to apply for ILR in the future, you are allowed to apply 28 days before the 60 month residency, not sooner.

  9. #9
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    Hi Greg - i think that's wrong but i need to find the guidance. I always thought you could apply Up to 28 days Before the 30-month residency is reached, and then that prior period is included in the next visa. In other words you don't lose any of those 'days before' the actual 30-month date.

  10. #10
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    No more applications by post i think, or maybe still possible - not sure - but paper applications definitely being phased out.

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    Veteran ผู้มีประสบการณ์ toddmeister's Avatar
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    I always thought you could apply Up to 28 days Before the 30-month residency is reached, and then that prior period is included in the next visa
    The new FLR(M) is issued on the day it is granted not when the application is made the difference in application to it actually being granted will still count towards time spent in country. For example, on my wifes last FLR(M) extension we applied early December 2017 but the issue and hence 2 year validity was from January '18 when it was granted

  12. #12
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    This is the official guidance - "A person in the UK with entry clearance or limited leave to remain granted on the
    basis of family life on a 5-year route, in an application made from 9 July 2012, should apply for further leave to remain no more than 28 days before their extant leave expires or no more than 28 days before they have completed 30 months in the UK with such leave." From - https://assets.publishing.service.go...ce-v1.0ext.pdf

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    Premium Member Tom & Nok's Avatar
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    I've had a look at my archived copy of the UKVI's own 2018 guidance notes for FLR(M) applicants (which are no longer online).

    Page 3 states:

    "5. When to apply
    You and any children under 18 should apply before the end of your/their permitted stay in the UK. We encourage you to apply 28 days before the expiry date."

    This is also the reply which the Home Office has sent in response to Freedom of Information (FoI) enquiries about when to apply for FLR(M).

    As SingerSongwriter suggests above, this is still the case according to the most recent guidance (19 December 2018) given to Home Office staff - see page 16, which states:

    "A person in the UK with entry clearance or limited leave to remain granted on the basis of family life on a 5-year route, in an application made from 9 July 2012, should apply for further leave to remain no more than 28 days before their extant leave expires or no more than 28 days before they have completed 30 months in the UK with such leave"

    and the Home Office guidance to staff goes on to state:

    "Where an applicant for further leave has extant leave as a partner or parent (as appropriate), up to 28 days of the extant leave (excluding a grant of limited leave to remain as a fiancé or fiancée or proposed civil partner) remaining at the date of application will be added to any period of further leave granted where this is in the same category. For example, 5 days extant leave as a partner will be added to a further period of 30 months leave granted as a partner, but not added to 30 months granted as a parent."
    "I can calculate the movement of the stars, but not the madness of men" Sir Isaac Newton

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    Do you have to put a paid return envelope with your supporting documents as I did not as I could not see it asked


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    I have seen it mentioned but i would not be able to find it buried in the guidance. I definitely would do as those docs really need to come back. Try to get in touch with them ?

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