FLR (M) Extension. Applied too soon.

Hi,

I am married to a British citizen and in the UK with a spouse visa that expires at the end of June 2021.

After reading the guidance, I thought if the decision process can take up to 8 weeks and they can put 28 days of my current visa on the next one, so applied for an extension to my spouse visa three months before my current visa expires. Wanting to make sure to get the new visa before the old one expired. So today, I sent my application and paid all my fees.

After doing so, I have realised this will probably leave me short of time to apply for indefinite leave to remain before my next visa expires.

1. I've considering cancelling the application and re-applying 28 days before my visa expires, but the government website says that I might lose the right to be in the UK if I do so. Can I not cancel my application without risking my current visa?

2. Also, if one has to apply for an extension 28 days before the visa expires, but the process takes 8 weeks, is it ok to be in the UK after the visa expires if one hasn't had a decision? Would that be overstaying a visa? Can one work during that time?

3. If, I continue this application, can I just apply for a third extension in 2.5 years and after 3 or 4 months apply for ilr? Or will I have to take some other immigration route?

I appreciate any info you might have.

1. Cancelling an application shouldn’t affect your current status. You may get a refund.

2. If you make a valid in-time application and your leave expires prior to the decision, then you should be okay. You may continue to work.

3. Yes. Just extend again, if you don’t qualify for ILR.

Thank you very much for your help!

I think the date which also needs to be considered in this scenario is the date you arrived in the UK.

You are able to apply for ILR after 60 months (if on the 5 year-route to settlement).

If your current application is successful you will be granted FLR for 30 months (from the date of the FLR application most likely).

If you have been in the UK for at least 30 months prior to this current application, you should have no issue with applying for ILR.

If you have not been in the UK for 30 months prior to this currenlt applicaiton, then you would have to make a further application for FLR and apply for ILR once 60 months are complete.

If you have applied too early, you may wish to consider cancelling the application and seeking a refund of the application fee and IHS.

Thank you for your help.

I applied early because I thought the time spent in the UK with a fiance visa counted towards the 30 months, however it seems like that isn’t the case.

My first spouse visa was granted on the 27 of November 2018, which means I complete my 60 months on the 27 of November 2023.

I have my visa appointment on April 20 this year, so I think if I got the extension that day it would be cover until November 18 2023 (2,5 years plus 28 days of my current visa.

So, if I apply for indefinite leave to remain on November 1 2023, that would be 28 days before making it to 60 months, fulfilling the time requirement. Is that right?

You won't get your extension decision on the 20th April. Your appointment is only for identity check and biometric enrollment with ukcvas, a third party agent. Current FLR M timelines are anywhere between I weeks and 6 months from date if biomtric appoinyment.

You are correct, fiance visa time does not count.

Thank you CR001. I thought I’d have to wait a bit more, but that’s ok. My problem would be the flr arriving too early.

But if my spouse visa started on November 27 2018 and I apply for ilr after November 1 2023, the time requirement would be fulfilled, right?

You need to take into considertation that the second period of 30 months may begin to run from the date of the application (i.e. before 01/05/2020) and so your leave would expire before 01/11/2023 and so you would have to make an application for FLR before the leave expires and then make an application for ILR on/after 01/11/2023.

Just looked over some dates, from my experience the issue date on the BRP was about a week after the appointment date, and 30 months leave calculated from this issue date.

However, this is from approx. 2 years ago.

You wish re-book your appointment for a later date?

Thank you walker for all your help.

I have called the HO and they have advised that the leave extension starts from the date when they issue the flr granted letter.

So, I’m thinking of postponing my biometrics appointment, maybe for around the 10 of may? I have until the 24 of may to have it.

That would take my new leave until around the 10 of November 2023, and I could apply for ilr on the 1 of November. 20 days before the five year period is completed and 10 days before my visa expires. I hope that is right.