FLR(M) - When To Apply?

[Barnatistuta]

Hi,

I'm British and my non-EU wife is here on the 5-year spouse route and has just passed her A2 English exam so we now have everything ready for her FLR(M) application.

She arrived with me on 6th December 2016 and was given 2 years 9 months so her current visa expires on 6th September 2019.

When should we start the application process? I have read that it was best to do it a month before the end of her visa, but also read that the process can take up to 12 weeks. Does that not mean she would be illegal for up to 8 weeks? Or do they give you a document to show that you have applied and are legal?

As I say, she was given 2 years 9 months, rather than the standard 2.5 years, and she seems to think that the extra 3 months is added specifically to allow time for the FLR(M) application process. Is this true?

If I apply now, would the extra few months be added on to her new FLR(M) visa? Or would we just lose those few months?

Also, will her new FLR(M) visa be for 2 years 6 months? or 2 years 3 months due to the extra three months she was given on the first one?

Thanks in advance.

[seagul]

An extension can be applied 28 days before completing 30 months from arrival. But unless there is a change of circumstances or policy occurring the extension preferably be applied very close to expiry to avail the maximum length of visa and to avoid any chance of shortfall in future for ILR. If you will apply before the expiry then will be covered by section 3C which prevent the applicant to become overstayer until the decision.

[Barnatistuta]

So, if I apply within the last month of her current visa, she will be granted a further 2 years 6 months and that will take us over the 5 years needed for ILR?

Or will they only give her 2 years 3 months, since we were given 2 years 9 months on the first one, and it will all depend on the time it takes to process whether the total is 5 years+ or not?

Thanks for your help seagul.

[CR001]

She will get a 2 year 6 month visa extension.