Should we send forms off now, or later?

[Ness]

Hiya,

I'm an Australian citizen currently in UK on a WHV. I've been here since 1 Nov 2004 and my visa expires on 30 Oct 2006.
In Dec 2004 I met a great bloke, we moved in together in June 2005 and we got married in Las Vegas in May 2006.
We are waiting for the marriage cert to come by post from the USA, but it should be here any day now.

I know I need to complete form FLR(M) and submit it, and relevant documentation.

My question is this : do I fill it in and post it off as soon as the marriage cert arrives (hopefully in July 2006), or do I wait and submit it in Sept 2006?

The reason I am asking is because I think I remember reading somewhere that you should wait until there is 4-6 weeks before the expiration of the visa before you apply to switch?

I'd prefer to send forms off ASAP, but I don't want to talk to up anywhere either...

Thanks heaps for any replies!

Ness

[Ness]

Please, doesn't anyone know the answer?
Is there a reason I am supposed to wait until 4-6 weeks before my current leave to remain expires before I apply to switch to FLR(M)?

[Dawie]

First all of all, you haven't explained what kind of visa you are hoping to apply for....

Have you married a British citizen, an EU citizen, a fellow Aussie with indefinite leave to remain? Please explain.

[Ness]

Dawie,
Thanks for your reply.
I have said what kind of visa I'm applying for, it's the FLR(M) form I am filling in so it is obviously the Marriage/Spouse visa I'm applying for.
I married a Brit.

I amm sure I read somewhere that you should wait until your current leave to remain is about to expire, but that makes no sense to me and I'd prefer not to wait so I was wondering if anyone had read the same thing and could remember where it came from...

[Ness]

OK... from here http://www.ind.homeoffice.gov.uk/applyi ... plication/ I got the following :

When to apply

You should make your application before your existing permission to stay in the UK runs out. In categories where you have to complete a certain period to qualify for further or indefinite leave to remain in the UK, you shouldn't apply more than 28 days before you complete the relevant period. The date of application is that on which you post it or have it accepted in person at a PEO. Your application may be delayed or refused if you apply too early in a category in which you have to complete a set period - for example, in categories leading to settlement in the UK. This advice is particularly relevant to applications in the categories for which you have to use Forms SET(M) or SET(O). Please see the guidance notes in those forms for more information about this.

OK, so from what I can tell in there, then the 28 days rule thing applies for visas where I need to have fulfilled a time limit. But in my case, I am switching from a WHM Visa to a Spouse Visa, so there is no requirement upon me to complete any time limits.

So, I think I can apply straight away.

Does anyone else read it differently????