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FLRM Spouse VISA Extension before 28 Days

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

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, Administrator

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smilememon
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FLRM Spouse VISA Extension before 28 Days

Post by smilememon » Mon Feb 10, 2020 4:25 pm

Hi
I need little bit more clarification in this matter of extension of FLR M (spouse Visa)
My Wife got her visa on 08/06/2017 and she came to UK on 08/07/2017
Her BRP expires on 15/03/2020

I have submitted her online application on 08/02/2020 for first extension and have paid fee and booked biometric appointment on 22/02/2020 .

My Question is as I have submitted application 37 days before her current leave expires , will that affect her application decision in any way ? in context of 28 days rule before u can apply ?
Does this 28 days rule apply for ILR or is it applicable on all visa applications including extension as well ?

I called UK Visa immigration phone number and got two different advises
One lady said that u can withdraw application and will get full refund as u have submitted before 28 days by mistake !
Other lady said as it’s not ILR application so 28 days time period will not affect application at this stage of visa extension!
I am really confused what to do ?

Thanks in advance
I hope I will get a prompt reply to adddress my concern

Regards
IsmaiL

geoeng
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Canada

Re: FLRM Spouse VISA Extension before 28 Days

Post by geoeng » Mon Feb 10, 2020 5:08 pm

smilememon wrote:
Mon Feb 10, 2020 4:25 pm
One lady said that u can withdraw application and will get full refund as u have submitted before 28 days by mistake !
Don't do that, fees for cancelled applications made within the UK are not refundable.

https://www.gov.uk/cancel-visa
smilememon wrote:
Mon Feb 10, 2020 4:25 pm
My Question is as I have submitted application 37 days before her current leave expires , will that affect her application decision in any way ? in context of 28 days rule before u can apply ?
There are no rules on when you can submit an application as long it is before the current permission to stay in the UK expires. As only 28 days of any leave remaining on the current permission to stay in the UK is added to any extensions, in order to meet the requirement of 60 months residence in the UK for an ILR application, it would not be advisable to submit an application for an extension earlier than 28 days before reaching 30 months residence as there would then be a shortfall in the amount of time residing in the UK.

The initial spouse visa is granted for a period of 33 months. As it appears your wife has resided in the UK for longer than 30 months at the time of applying for an extension, applying when you did would not result in a shortfall in the residence requirement for ILR.
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.

smilememon
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Posts: 5
Joined: Mon Feb 10, 2020 10:55 am

Re: FLRM Spouse VISA Extension before 28 Days

Post by smilememon » Tue Feb 11, 2020 8:42 am

So what I have understood that I haven’t done a mistake and submitting application 37 before current leave export will not affect decision on application

Can you help me to understand about the time period calculation for ILR ?
Will that start from issue of first Leave or from entry into UK ?
Like in our case my wife got her visa on 08/06/2017 and she entered into UK on 08/07/2017
What will be starting point for time calculation for ILR ?

Regards

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CR001
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Re: FLRM Spouse VISA Extension before 28 Days

Post by CR001 » Tue Feb 11, 2020 8:45 am

Ilr is calculated based on entry to the UK and not the visa issue date.
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.

smilememon
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Posts: 5
Joined: Mon Feb 10, 2020 10:55 am

Re: FLRM Spouse VISA Extension before 28 Days

Post by smilememon » Tue Feb 11, 2020 8:56 am

Page 8 of this guidance on government website suggest that ILR time can be calculated from the time of 1st application, Time of decision for first application .

https://assets.publishing.service.gov.u ... 9.0ext.pdf

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