Spouse Visa Extension 33 months or 30 months

[Oleks4002]

Hello everyone
I really some help as I am really confused at the moment
My wife has been granted a UK spouse visa on the 8th september 2015. Visa was given for 33 months rather than 30 months as we have applied from outside of UK. She has entered UK on the 30th of September 2015.

The question is, can we apply for extension 30 months after she has entered UK, or do we need to wait until may/june before we can apply.
She is pregnant and the baby is due on the 12 of June and we do not want to have any hussle on the 8th 9th month of pregnancy.

I have seen another topic on this website, but after speaking to 3 different home office immigration consultants, 2 said that i have to wait until 28days before visa expires and one has said that i can apply 28 days before 30 months of arrival.

Could someone please clarify. thanks

[CR001]

can we apply for extension 30 months after she has entered UK,

Yes.

[Oleks4002]

can we apply for extension 30 months after she has entered UK,

Yes.

Thanks for your reply
So If I apply in person on the 1st of April (30 months and 1 day) for example, would it not make me short when applying for ilr?

[CR001]

Thanks for your reply
So If I apply in person on the 1st of April (30 months and 1 day) for example, would it not make me short when applying for ilr?

No, as you can apply for ILR within 28 days BEFORE reaching the 5th anniversary of entering the UK.

[webdesignt]

Hello everyone
I really some help as I am really confused at the moment
My wife has been granted a UK spouse visa on the 8th september 2015. Visa was given for 33 months rather than 30 months as we have applied from outside of UK. She has entered UK on the 30th of September 2015.

The question is, can we apply for extension 30 months after she has entered UK, or do we need to wait until may/june before we can apply.
She is pregnant and the baby is due on the 12 of June and we do not want to have any hussle on the 8th 9th month of pregnancy.

I have seen another topic on this website, but after speaking to 3 different home office immigration consultants, 2 said that i have to wait until 28days before visa expires and one has said that i can apply 28 days before 30 months of arrival.

Could someone please clarify. thanks

You sure can apply for an extension! I am no expert but I know for the standard married partner application, it is the FLR M application.

[rv2010]

CR001, sorry to jump on this thread but I've had the exact same question but never found an authoritative source for the common answer given on these forums.

Do you have a link on .gov.uk to confirm that one can apply for FLR 30 months after first entry? The only link I can find is this: https://www.gov.uk/uk-family-visa which says:

"The earliest you can apply is 28 days before your current permission to stay in the UK expires."

This suggests to me that it's the expiry date on the BRP which should be used (which can be up to 33 months after first entry), rather than the 30-month anniversary of entering the UK.

[CR001]

For clarity, the 33 month visas are an extra 3 months to facilitate finalising things in home country prior to moving without it having any impact on the normal 2.5 year residence requirement (extension app is 2.5 years only to make up 5 in total).

Many visa holders do not travel on day one of the 33 month visa (this has changed now to the 30 day visa initially and 2.5 once in the UK) and often travel after a couple of months. HO was generous not to penalise late arrivals by granting a visa with an extra 3 months.

A spouse visa switch within the UK would be for 2.5 years, so a person would apply for their extension within 28 days of reaching the 2.5 year mark.

"The earliest you can apply is 28 days before your current permission to stay in the UK expires."

This is a general sentence across all visa categories. Many members have applied at the 2.5 year mark and had success.

[rv2010]

Thanks very much. That makes sense.

[rv2010]

I just found some text which states clearly the rule and confirms what CR001 said earlier.

Here is the direct link to the document: Appendix FM 1.0a: Family Life: 5-Year Routes

To show that this is current guidance and not an archived document, here is the link trail I followed:
Starting here, click on Immigration law and operational guidance, then Immigration directorate instructions, then Chapter 08: appendix FM family members, then Appendix FM 1.0a: Family Life (as a Partner or Parent): 5-Year Routes.

The relevant part of that document is section 4.1 which says:

"A person in the UK with entry clearance or limited leave to remain as a partner granted under Appendix FM on the basis of an application made on or after 9 July 2012 should apply for further leave to remain no more than 28 days before their extant leave expires or no more than 28 days before they have completed 30 months in the UK with such leave."

[Riyad]

Hi, anyone can help please, my wife delayed entry to UK for 6 months after spouse visa was granted in Feb 2015 because our daughter's British passport wasn't ready until six months later, so she couldn't come to UK because of that. when she applies for ilr is this a valid excuse the Home office can accept to count the qualifying period from the date the visa was issued ?

[CR001]

Hi, anyone can help please, my wife delayed entry to UK for 6 months after spouse visa was granted in Feb 2015 because our daughter's British passport wasn't ready until six months later, so she couldn't come to UK because of that. when she applies for ilr is this a valid excuse the Home office can accept to count the qualifying period from the date the visa was issued ?

Please continue in your own topic you already have andkKindly refrain from tagging onto another members thread, it is unfair to the OP.

immigration-for-family-members/spouse-v ... l#p1617054

[Riyad]

Apologies, I don't know how it works