FLRM earliest application date

[flusteredpie]

Hi all

My American wife entered the country on a student visa in 2007. We met shortly after that, married in 2013 and she switched to a spouse visa with FLRM. Our intention is to reapply in September when this expires, and then apply for SET(LR) in 2017 as she'll have been in the country for 10 years by this point.

With this in mind, we'd like to apply for her FLRM extension as soon as possible so we don't have to spend months worrying about it. What's the earliest date we can mail the application? The border force website just says "You must apply before your visa expires" while other sources are saying that we must apply when we're within 28 days of the expiry date. Which is right? Is there any reason why we can't apply long before the september expiry date?

Thanks,
Neil

[vinny]

For extensions, you may apply at anytime before your leave expires.

[Casa]

Once your wife switched to FLR(M) spouse the clock reset. She is now on a 5 year route to permanent settlement. Although all legal residence will qualify towards British Citizenship, she will be unable to apply for ILR under the long residence category. She will need to apply for a further 2.5 year FLR(M) extension. At the end of the second extension she will be able to apply for ILR - SET(M) and then immediately after this is granted, British Citizenship.

[vinny]

I think that the qualifying period for SET(M) is reset, but the qualifying period for SET(LR) may include periods under FLR(M) as well as other legal stays.

[Casa]

Thanks Vinny. Are you sure on this? I always respect your advice

[vinny]

D-LTRP satisfies 276A(b)(i)?

[Casa]

Thanks Vinny, have read and agree. I seems that LR is the exception to the switching category rule.

[flusteredpie]

Thank you both for that, you've put our minds a bit more at ease. I especially appreciate the clarification on LR as there was a worry in the back of my mind that some kind of rule like that would bite us.

[vinny]

Bear in mind that an she may be granted leave under D-LTRP for a maximum period not exceeding thirty months. So, don't apply too early.

[Obie]

The rules precludes different residence as a spouse from being amalgamated with residence under appendix FM.

But those lawful residence can be good for ILR, under long residence.

I concur with VInny's view on that.

[cellio9]

Hello. I started on my spouse visa FLR(M) on 3 January 2013, after the post-9 July 2012 rules were in place. The first 30-month portion of my visa expires on 3 July 2015, so I have arranged my renewal appointment for 22 May 2015. However, I still need to travel a few days after my appointment, so I can't afford to wait for the new biometrics card to arrive. Will my inital FLR(M) biometrics card expiring 3 July 2015 still be valid after my appointment on 22 May? Many thanks for your help.