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Can I apply before 28 days of Visa expiration

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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shariqimam
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Can I apply before 28 days of Visa expiration

Post by shariqimam » Mon Jan 27, 2020 12:14 am

Hi,

My wife's 1st spouse visa from 30-8-2017 is expiring on 28-03-2020.

However, she needs to travel to India on 22nd Feb'2020 and planning to return on 20th April 2020.
Can she apply for visa extension (under priority service) before 22nd Feb and get her new visa before she travels to India?

Understand this may potentially result in that she won't be able to complete 5 years when her next visa would end but she has been in UK since September 2010 - so we are assuming we won't need 5 year of spouse visa and instead can apply for ILR under 10 year route in Sept 2020.

Request feedback / suggestions ?

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Amber
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Re: Can I apply before 28 days of Visa expiration

Post by Amber » Mon Jan 27, 2020 7:30 am

Yes she can.
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londonphd
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Re: Can I apply before 28 days of Visa expiration

Post by londonphd » Thu Jan 30, 2020 9:01 pm

shariqimam wrote:
Mon Jan 27, 2020 12:14 am
Hi,

My wife's 1st spouse visa from 30-8-2017 is expiring on 28-03-2020.

However, she needs to travel to India on 22nd Feb'2020 and planning to return on 20th April 2020.
Can she apply for visa extension (under priority service) before 22nd Feb and get her new visa before she travels to India?

Understand this may potentially result in that she won't be able to complete 5 years when her next visa would end but she has been in UK since September 2010 - so we are assuming we won't need 5 year of spouse visa and instead can apply for ILR under 10 year route in Sept 2020.

Request feedback / suggestions ?
I heard that once you switch to FLR M route, your previous stay in the UK cannot be counted towards long stay ILR route. My wife had been Tier 4 PBS dependent between 2011 and 2017, then FLR M after 2017. Someone in this forum said that my wife's first 6 years would not be counted towards ILR long stay due to her switching to FLR M.

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CR001
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Re: Can I apply before 28 days of Visa expiration

Post by CR001 » Thu Jan 30, 2020 9:22 pm

londonphd wrote:
Thu Jan 30, 2020 9:01 pm
I heard that once you switch to FLR M route, your previous stay in the UK cannot be counted towards long stay ILR route. My wife had been Tier 4 PBS dependent between 2011 and 2017, then FLR M after 2017. Someone in this forum said that my wife's first 6 years would not be counted towards ILR long stay due to her switching to FLR M.
Nonsense. No one told you that. It was clearly mention in 2017 the 5 year ilr clock is reset when switching to FLR m and also mention clearly in another topic of yours that all visas count for long residence!! Please don't give incorrect assumptions!

immigration-for-family-members/flr-m-on ... l#p1512333

immigration-for-family-members/making-i ... l#p1476012
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

londonphd
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Posts: 73
Joined: Sun Jan 09, 2011 8:44 pm

Re: Can I apply before 28 days of Visa expiration

Post by londonphd » Tue Feb 04, 2020 10:05 pm

Hmm, I think, I misunderstood you at the time then. I thought by clock reset, you meant that once one switches to FLR M, ILR can only be possible after 5 years on FLR M even if one achieves 10 year stay, say, by three quarters of the time on FLR M.

shariqimam
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Re: Can I apply before 28 days of Visa expiration

Post by shariqimam » Thu Feb 13, 2020 9:53 am

Hi,
We applied for the extension under super priority on Fri, 7th Feb but we have not heard anything yet.
I was looking at the UKBA web page and it says

"The email will only give you the outcome of your application if it’s been approved. If it’s refused, you will not find out until you get your letter."

We are bit concerned that is it because our application is refused that's why we have not heard anything via email yet ?

Also, at several places I read that it says that if you apply before 28 days of expiry of the current visa, the application "maybe" refused - so it doesn't say for sure it will refused.

Anyone who has experience of applying the visa before 28 days of expiry and still got it approved ?

geoeng
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Canada

Re: Can I apply before 28 days of Visa expiration

Post by geoeng » Thu Feb 13, 2020 12:24 pm

shariqimam wrote:
Thu Feb 13, 2020 9:53 am
Anyone who has experience of applying the visa before 28 days of expiry and still got it approved ?
I have.

"You can extend or switch at any time before your current permission to stay in the UK expires."
https://www.gov.uk/uk-family-visa
shariqimam wrote:
Thu Feb 13, 2020 9:53 am
We are bit concerned that is it because our application is refused that's why we have not heard anything via email yet ?
"It might take longer if your application is complex, for example you:
- do not meet the minimum income requirement
- cannot prove your knowledge of English
- need to attend an interview
- have not provided all the evidence that the Home Office needs
- have a criminal conviction or another personal circumstance that needs to be reviewed"

If you have questions regarding your application . . .
https://www.gov.uk/contact-ukvi-inside-outside-uk
Note that there are fees for this.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

shariqimam
Newly Registered
Posts: 8
Joined: Sat Sep 24, 2016 4:55 pm

Re: Can I apply before 28 days of Visa expiration

Post by shariqimam » Thu Feb 13, 2020 12:30 pm

CR001 wrote:
Thu Jan 30, 2020 9:22 pm
londonphd wrote:
Thu Jan 30, 2020 9:01 pm
I heard that once you switch to FLR M route, your previous stay in the UK cannot be counted towards long stay ILR route. My wife had been Tier 4 PBS dependent between 2011 and 2017, then FLR M after 2017. Someone in this forum said that my wife's first 6 years would not be counted towards ILR long stay due to her switching to FLR M.
Nonsense. No one told you that. It was clearly mention in 2017 the 5 year ilr clock is reset when switching to FLR m and also mention clearly in another topic of yours that all visas count for long residence!! Please don't give incorrect assumptions!

immigration-for-family-members/flr-m-on ... l#p1512333

immigration-for-family-members/making-i ... l#p1476012
Hi, CR001 - can you please advise on my latest post. Am I reading too much into this advisory of not submitting the application before 28 days of expiry of the current visa ? or is it actually an issue ?

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