My wife and I are preparing the first renewal of her spouse visa, i.e. FLR(M). Her BRP expires on the 4th January 2020, and she arrived in the UK on the 19th April 2017. We definitely want to avoid applying too soon and having to apply for an extra FLR(M) to get to the 60 month requirement for ILR, but I'd really like some advice on what the earliest we can apply is.
I've seen guidance here and elsewhere to the effect that
However, based on her arrival time in the UK, she will have been here for 3 years and 6 months on the 19th October 2019. If we applied to renew at that point, another 30 months would take us to the five year requirement (and even with super priority I don't see the BRP being issued for a week or two). I've also read that up to 28 days of the remaining leave to remain can be added to your new BRP length.if you are currently in the UK on a spouse visa, the date of application should not be more than 28 days before your current spouse visa expires.
On that basis it looks to me like in our case we could apply up to 77 days (4/1/20 minus 19/10/19) before expiry and still be okay, or earlier if the extra 28 days of remaining leave are included. I'm very ready to be challenged on that though - would love to have the benefit of more experienced eyes on this! Would anyone be able to comment?
To be clear, I don't plan on submitting on the 19th October itself, but we might look to submit via super priority before the end of October just to get it out of the way and try and get my wife's passport back before Christmas.
Thanks so much in advance!