question for FLR (M) When will i apply?

[Mrsrainbow143]

hi everyone quick question, if my spouse visa expired june 2020 what month by 2020 i will have to apply for FLR (M)? I arrived in the UK last month September 25. badly need your responce thanks!

[Casa]

Preferably no earlier than 30 months after your entry into the UK and definitely no later than the expiry date.

[ILR1980]

according to guidance note of FLR(M) you should apply 28 days before the expiry date of current visa

[Mrsrainbow143]

according to guidance note of FLR(M) you should apply 28 days before the expiry date of current visa

hello, i also read that can apply 28 days before the 30 month of anniversary of your arrival in the UK, so can i apply by february 27, 2020? correct me if im wrong pls and btw i will apply thru post.
and how long will i get the decision also? thank you

[Casa]

according to guidance note of FLR(M) you should apply 28 days before the expiry date of current visa

It's not mandatory to apply 28 days before the visa expiry date. Applying earlier than this may incur an additional FLR(M) extension to make up any shortfall in the 5 year qualifying period.
Obviously an application must be submitted before the visa expires as FLR(M) requires extent leave, unlike SET(M).

[Casa]

hello, i also read that can apply 28 days before the 30 month of anniversary of your arrival in the UK, so can i apply by february 27, 2020? correct me if im wrong pls and btw i will apply thru post.
and how long will i get the decision also? thank you

Correct. The date of posting will be taken as the date of application. Send by registered or recorded post and keep the postal receipt.

A postal application can take around 3 months to process, Your legal status continues while you are waiting for the decision.

Ensure you keep correspondence/bills etc addressed to you both during the 2.5 year qualifying period as proof that you have been living together,

[ILR1980]

according to guidance note of FLR(M) you should apply 28 days before the expiry date of current visa

hello, i also read that can apply 28 days before the 30 month of anniversary of your arrival in the UK, so can i apply by february 27, 2020? correct me if im wrong pls and btw i will apply thru post.
and how long will i get the decision also? thank you

I can only tell you what mentioned in UKVi guidance notes and if you read part 5 of guidance notes of FLR(M) it say

5. When to apply

You and any children under 18 should apply before the end of your/their permitted stay in the UK. We encourage you to apply 28 days before the expiry date.

whats the issue in applying within 28 days before the expiry date? Its not recommended to apply too early or too late

secondly when you will get decision depend on many factors i.e whether your application is straightforward or complicated , numbers of pending application(backlog) at given time etc so you better check waiting time threads on this forum which might give you some idea

[ILR1980]

according to guidance note of FLR(M) you should apply 28 days before the expiry date of current visa

It's not mandatory to apply 28 days before the visa expiry date. Applying earlier than this may incur an additional FLR(M) extension to make up any shortfall in the 5 year qualifying period.
Obviously an application must be submitted before the visa expires as FLR(M) requires extent leave, unlike SET(M).

They encourage you to apply 28 days before expiry date . If its not mandatory to apply within 28 days before expiry of current visa then which date you can apply for extension i.e how early is too early

[Mrsrainbow143]

hello, i also read that can apply 28 days before the 30 month of anniversary of your arrival in the UK, so can i apply by february 27, 2020? correct me if im wrong pls and btw i will apply thru post.
and how long will i get the decision also? thank you

Correct. The date of posting will be taken as the date of application. Send by registered or recorded post and keep the postal receipt.

A postal application can take around 3 months to process, Your legal status continues while you are waiting for the decision.

Ensure you keep correspondence/bills etc addressed to you both during the 2.5 year qualifying period as proof that you have been living together,

Thanks for the replies ILR1980 and CASA, and yes me and my husband make sure we have those evidence.

[Casa]

according to guidance note of FLR(M) you should apply 28 days before the expiry date of current visa

hello, i also read that can apply 28 days before the 30 month of anniversary of your arrival in the UK, so can i apply by february 27, 2020? correct me if im wrong pls and btw i will apply thru post.
and how long will i get the decision also? thank you

I can only tell you what mentioned in UKVi guidance notes and if you read part 5 of guidance notes of FLR(M) it say

5. When to apply

You and any children under 18 should apply before the end of your/their permitted stay in the UK. We encourage you to apply 28 days before the expiry date.

whats the issue in applying within 28 days before the expiry date? Its not recommended to apply too early or too late

secondly when you will get decision depend on many factors i.e whether your application is straightforward or complicated , numbers of pending application(backlog) at given time etc so you better check waiting time threads on this forum which might give you some idea

Note the word 'encourage', which is not 'mandatory'.

I've explained (clearly I hope) the window in which to apply. Some members are confused with the UKVI guidance and believe they MUST apply exactly on the 28th day prior to the visa expiry date.

They can choose to apply 28 days before the 30 month anniversary of their entry into the UK, assuming their arrival wasn't delayed by more than 3 months.

[ILR1980]

Note the word 'encourage', which is not 'mandatory'.

I've explained (clearly I hope) the window in which to apply. Some members are confused with the UKVI guidance and believe they MUST apply exactly on the 28th day prior to the visa expiry date.

They can choose to apply 28 days before the 30 month anniversary of their entry into the UK, assuming their arrival wasn't delayed by more than 3 months.

Yes agree encourage is definitely not mandatory but I will still follow what they encourage us to do


" applying 28 days before the 30 month anniversary of their entry into the UK " casa i would like to know where you got this inofrmation from just for my knowledge ..any official link ?

[Casa]

4. Family Life as a Partner
...
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 from 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. Up to 28 days of extant leave remaining at the date of application will be added to the period of leave granted.

https://www.gov.uk/government/publicati ... ly-members

[ILR1980]

4. Family Life as a Partner
...
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 from 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. Up to 28 days of extant leave remaining at the date of application will be added to the period of leave granted.

https://www.gov.uk/government/publicati ... ly-members

Thanks for this link

so no more than 28 days before their extant leave expires( i talked about this)

OR

no more than 28 days before they have completed 30 months in the UK with such leave( you talked about this)

problem solved

[Casa]

You're missing the point. I'll try again.

1. If the entry into the UK is delayed by more than 3 months (33 month visa), if they apply 28 days before the 30 month anniversary
they will have a shortfall in the 5 year qualifying period. Therefore they shouldn't apply any earlier than 28 days before the visa expiry date.

2. If the applicant has not delayed entry, they can apply 28 days before the 30 months anniversary of their entry date.

3. If the applicant is applying for a second FLR(M) extension, they can apply 28 days before the visa expiry date.

Let's not lose sight of the OP's situation. They are asking if they can apply as in point 2 above...and yes, they can.

[ILR1980]

You're missing the point. I'll try again.

1. If the entry into the UK is delayed by more than 3 months (33 month visa), if they apply 28 days before the 30 month anniversary
they will have a shortfall in the 5 year qualifying period. Therefore they shouldn't apply any earlier than 28 days before the visa expiry date.

2. If the applicant has not delayed entry, they can apply 28 days before the 30 months anniversary of their entry date.

3. If the applicant is applying for a second FLR(M) extension, they can apply 28 days before the visa expiry date.

Let's not lose sight of the OP's situation. They are asking if they can apply as in point 2 above...and yes, they can.

Thanks for explaining but what should a person do if they have corrected biometric permit and got new valid from and expiry date..for example in my spouse case
Date of entry was : Sep 2016
Sent biomteric for correction in nov 2016 after collecting it from post office
date of issue for new biometric permit: dec 2016
Expiry date : august 2019( it is more than 33 months)

Now if we go after 28 days before entry then she should apply by march 2019
and if 28 days before visa expiry then should apply by july 2019

which is difference of four months

[Casa]

You're missing the point. I'll try again.

1. If the entry into the UK is delayed by more than 3 months (33 month visa), if they apply 28 days before the 30 month anniversary
they will have a shortfall in the 5 year qualifying period. Therefore they shouldn't apply any earlier than 28 days before the visa expiry date.

2. If the applicant has not delayed entry, they can apply 28 days before the 30 months anniversary of their entry date.

3. If the applicant is applying for a second FLR(M) extension, they can apply 28 days before the visa expiry date.

Let's not lose sight of the OP's situation. They are asking if they can apply as in point 2 above...and yes, they can.

Thanks for explaining but what should a person do if they have corrected biometric permit and got new valid from and expiry date..for example in my spouse case
Date of entry was : Sep 2016
Sent biomteric for correction in nov 2016 after collecting it from post office
date of issue for new biometric permit: dec 2016
Expiry date : august 2019( it is more than 33 months)

Now if we go after 28 days before entry then she should apply by march 2019
and if 28 days before visa expiry then should apply by july 2019

which is difference of four months

Please post this in your own topic. This isn't a general discussion thread and the OP will be confused with off-topic posts.

[ILR1980]

You're missing the point. I'll try again.

1. If the entry into the UK is delayed by more than 3 months (33 month visa), if they apply 28 days before the 30 month anniversary
they will have a shortfall in the 5 year qualifying period. Therefore they shouldn't apply any earlier than 28 days before the visa expiry date.

2. If the applicant has not delayed entry, they can apply 28 days before the 30 months anniversary of their entry date.

3. If the applicant is applying for a second FLR(M) extension, they can apply 28 days before the visa expiry date.

Let's not lose sight of the OP's situation. They are asking if they can apply as in point 2 above...and yes, they can.

Thanks for explaining but what should a person do if they have corrected biometric permit and got new valid from and expiry date..for example in my spouse case
Date of entry was : Sep 2016
Sent biomteric for correction in nov 2016 after collecting it from post office
date of issue for new biometric permit: dec 2016
Expiry date : august 2019( it is more than 33 months)

Now if we go after 28 days before entry then she should apply by march 2019
and if 28 days before visa expiry then should apply by july 2019

which is difference of four months

Please post this in your own topic. This isn't a general discussion thread and the OP will be confused with off-topic posts.

ok no problem . I posted them because its relevant to question but sure delete them if you consider it off topic