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my Spouse Visa is up for renewal by end of April next year.I have been looking on UKBA website and it say i need to apply before my Visa expires. my question is, Can i apply lets say in december Or January next year. There is nothing on their website that say i have to wait till April before i apply.

You can apply no earlier than 28 days before the expiry date. Any earlier than this and your application will be refused and you will lose your fee.

For Further Leave to Remain applications, the grant of leave has a maximum time limit from the date of the decision.

Applying too early may result in you being unable to meet the qualifying period for Indefinite Leave to Remain within the validity of your Further Leave to Remain. Then you many need to make further unnecessary applications for extensions of stay.

If you apply for Indefinite Leave to Remain sooner than 28 days before the completion of your qualifying period and do not qualify on the date of the decision, then you may be refused.

Hello,

I'm a bit confused about this so i will try and give the scenario
Enter the UK on student Visa 2009
Got my Post study Visa 2010
Got my spouse visa in oct 2012
second stage spouse visa April 2015 which is due to expiry October 2017

The home office information is not clear for this scenario. it says you have to have lived in the UK for 5 years but i have been here for 7 years .does than mean i can apply for ILR now? i know i can wait for just another 8 months before applying but i would like to apply now if i am eligible now.

any help will be appreciated.

The 5-year qualifying period for SET(M) started when you were initially in the UK under spouse leave.

In which case you can apply for ILR no earlier than 29 days before the expiry date of your current visa.