Less Than 2.5 yrs before FLR(M)

[xy]

I was granted a spouse visa in February 2016. I was living with my wife and Child overseas (Both BCs) so we made a trip in March 2016 to collect my BRP but came straight back as we had lots of stuff to finish before we could move in May (we had requested the travel date as May, but the HO gave us 30 days from Feb on the spouse visa to collect BRP).

Just before we made the trip in May 2016 (purchased tickets, handed over the house, sold the car etc.) We found out that I have a serious Kidney disease. This was quite a shock, so rather than go to the UK and face possible medical delays, we decided to put the trip on hold and investigate the condition here.
Now things seem to have settled down and we are planning to come to the UK again at the end of June as all my tests etc. would be completed by then.

My BRP runs out in Nov 2018, which means when I apply for the extension I would have only stayed in the UK for about 15 months. Would this have any adverse impact on my being granted the next extension? I believe I’ll have to get an extra extension before I can apply for ILR as I would not have the required 5 years after the next one.

Advice on this would be much appreciated.

[vinny]

See also the guidance relating to time spent outside the UK for spouses of British/settled partners.

Keep evidence of subsisting marriage and medical treatments.

[xy]

Thanks Vinny for the quick reply.

Evidence of subsisting marriage is not an issue as we've not lived apart even a single day and have enough documentary proof.

I just hope that when i apply for the FLR(M), that i will not have an issue with the late arrival. If I can get past that, i'm guessing that I shouldn't have an issue with ILR as long as i've been in the UK for 5 years before applying.

[vinny]

If they ignored your requested date of travel, then you should ask them to correct it. Else, you may have to pay for an extra extension to complete the 5 years qualifying period.

Applying for an extension in-time by post may give you some more time, depending on how slow/fast they are before deciding.

[xy]

If they ignored your requested date of travel, then you should ask them to correct it. Else, you may have to pay for an extra extension to complete the 5 years qualifying period.

Applying for an extension in-time by post may give you some more time, depending on how slow/fast they are before deciding.

I thought about asking them to make that change last year when i got the visa, but as we were planning to settle in the UK within three months anyway, we decided against doing that. Even if they had corrected it to reflect the requested travel date, i had not foreseen my medical problem. Are you advising that it may help if i mention that fact when i apply for the extension ?

Applying by post: Should i apply early then since its quite likely that i may require another extra extension?

I apologise if i have not understood your advise correctly.

[vinny]

I think you should ask them to correct any mistakes the sooner, the better, well before any extension application. Then, hopefully, you should have your documents back in time before your leave expires.

If you apply for an extension by post shortly before you leave expires, then your leave is extended by Section 3C after its expiry. The longer it takes them to make the decision will help to make up the shortfall you may have.

[xy]

I think you should ask them to correct any mistakes the sooner, the better, well before any extension application. Then, hopefully, you should have your documents back in time before your leave expires.

If you apply for an extension by post shortly before you leave expires, then your leave is extended by Section 3C after its expiry. The longer it takes them to make the decision will help to make up the shortfall you may have.

Thanks Vinny, I understand now that i should apply for the extension closer to the expiry of the BRP.

I'm so sorry for banging on about this...but I'm still unclear about the request for a correction on the original date on the entry Vignette as i've already traveled and collected the BRP in March 2016. Next time i travel i will be using my BRP for entry and not the original Vignette.

[vinny]

If they agree that there was a mistake, then they should correct the BRP as well.

[xy]

If they agree that there was a mistake, then they should correct the BRP as well.

I understand now.

Many thanks for your valuable advise.