ILR 60 months confusion

[Joncarter1414]

Hi there,

Have just been readying our ILR application when I came across the note about not applying before 28 days of my wife's current visa expiring. As a result, this has created some confusion.

She's from US, came over on a student visa, got 2 year extension (neither of which count towards ILR) and we were married in July 2013. Our first spousal visa was granted on Oct 14, 2013 and we then applied for a new one with plenty of time in November 2015 (as we didn't wanted it running out before it expired).

That was granted on Jan 8, 2016 with the expiry date set at Aug 5, 2018.

However, looking at this 60 month requirement in the SET M visa, even with the 28 day period beforehand, it looks like we haven't reached it.

I'm super confused here because we were granted two visas of 30 months. But the dates don't match up. It should be expiring on Oct 14, 2018 shouldn't it? And then we can apply for SET M on Sept 17, 2018. But her visa will have expired by then...

Can anyone shed any light on this? And what our next steps are?
Much appreciated,
Jon

[Casa]

Applying too early for her FLR(M) extension has unfortunately left your wife with a gap to fill. She will have to apply for an additional FLR(M) visa before she reaches her qualifying 60 months for ILR.

In addition to the FLR(M) visa fee, she will also have to pay the £500 IHS surcharge.

[Joncarter1414]

Awesome. Why wouldn't they just start the second visa after the first visa expires? That's what we thought would happen and were only trying to be diligent as all the guidance suggested a 6 month waiting period.

If you apply for a visa which promises 30 months, it should give you 30 months regardless of when you apply for the extension.

And the NHS charge is just a kick in the teeth. There are no other options? It's literally just pay another £800 for a THIRD spousal visa for all of 6 weeks... then go ILR?