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Qualifying period for FLRM (Spouse visa extension)

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ilrupdates
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Joined: Sat Jul 07, 2012 8:24 am

Qualifying period for FLRM (Spouse visa extension)

Post by ilrupdates » Sun Apr 10, 2016 1:22 pm

Hi all,

Wife is on 5 year spouse visa route and living with me in UK. She got her first spouse leave to enter visa from outside UK on 21-03-2015 which will expire on 21-12-2017 (2 Years and 9 Months First visa validity period) She delayed her entry to UK for 50 days and entered on 11 May 2015. (Getting a bio metric card after entering UK within 30 days was NOT required at that time)

Query is:
To Calculate initial 2 years and 6 month residence period in UK, and to apply for FLRM, Shall we start calculations from Entry date (11 May 2015) OR from Visa issue date(21-03-2015)? I am well aware of the fact that the extension application can be submitted earliest 28 days before the visa expiry date. But if I start calculations from Visa issue date i.e 21-03-2015 then 2 years and 6 months period completes on 21-09-2017 while her visa will expire on 21-12-2107. So can she apply for her visa extension in September 2017 instead of waiting till 28 days before her visa expiry date?

Thanks in anticipation for your replies.
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Qualifying period for FLRM (Spouse visa extension)

Post by Casa » Sun Apr 10, 2016 1:33 pm

The calculation is from the entry date.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ilrupdates
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Posts: 290
Joined: Sat Jul 07, 2012 8:24 am

Re: Qualifying period for FLRM (Spouse visa extension)

Post by ilrupdates » Sun Apr 10, 2016 1:43 pm

Casa wrote:The calculation is from the entry date.
Thanks a lot for quick reply.
May I know the reason why we can,t start calculation from visa issue date as the time span allowed to travel to UK was within 90 days at that time NOT within 30.

I am not debating, just want to know that why is it like that. Thanks
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

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Casa
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Posts: 25753
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Qualifying period for FLRM (Spouse visa extension)

Post by Casa » Sun Apr 10, 2016 1:51 pm

I can't confirm why the Home Office set the entry as the qualifying start date. Presumably as it is relevant to the term of residency required for settlement.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ilrupdates
Member of Standing
Posts: 290
Joined: Sat Jul 07, 2012 8:24 am

Re: Qualifying period for FLRM (Spouse visa extension)

Post by ilrupdates » Sun Apr 10, 2016 1:59 pm

OK
Thanks a lot :)
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

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