How far in advance to submit FLR(M)?

[mcs116]

Hello,

My wife and I are preparing the first renewal of her spouse visa, i.e. FLR(M). Her BRP expires on the 4th January 2020, and she arrived in the UK on the 19th April 2017. We definitely want to avoid applying too soon and having to apply for an extra FLR(M) to get to the 60 month requirement for ILR, but I'd really like some advice on what the earliest we can apply is.

I've seen guidance here and elsewhere to the effect that

if you are currently in the UK on a spouse visa, the date of application should not be more than 28 days before your current spouse visa expires.

However, based on her arrival time in the UK, she will have been here for 3 years and 6 months on the 19th October 2019. If we applied to renew at that point, another 30 months would take us to the five year requirement (and even with super priority I don't see the BRP being issued for a week or two). I've also read that up to 28 days of the remaining leave to remain can be added to your new BRP length.

On that basis it looks to me like in our case we could apply up to 77 days (4/1/20 minus 19/10/19) before expiry and still be okay, or earlier if the extra 28 days of remaining leave are included. I'm very ready to be challenged on that though - would love to have the benefit of more experienced eyes on this! Would anyone be able to comment?

To be clear, I don't plan on submitting on the 19th October itself, but we might look to submit via super priority before the end of October just to get it out of the way and try and get my wife's passport back before Christmas.

Thanks so much in advance!
Mike

[CR001]

How has she been in the UK for 3 years 6 months in October 2019 if she arrived in the UK on April 2017? Is the 3 years a typo?

[mcs116]

Oh boy. Yes, that was a typo. *2 years and 6 months.
Sorry!
Any thoughts still welcome
Mike

[CR001]

She can apply within 28 days before reaching 30 months residence from the date of entry but must apply no later than before her current visa expires.

[geoeng]

Oh boy. Yes, that was a typo. *2 years and 6 months.
Sorry!
Any thoughts still welcome
Mike

The initial entry clearance for a spouse visa is granted for a period of 33 months, so if you arrive in the UK fairly soon after receiving the visa than you have a few extra months to play with vs. someone who moves over a few months into the visa validity period. You seem to have figured out a date that works for you to meet the 5 year requirement for ILR, note that this is 60 months in the UK and not 60 months with a valid visa (again, you seem to be aware of this already though).

[mcs116]

Many thanks, CR001 and geoeng. That makes sense to me. I guess that's how the system was meant to work - not opening the visa application window until you're likely to meet the 5 year requirement.
Grateful for the speedy responses!
Mike

[London_calling]

Hey

My wife and I are in the exact same situation (except she arrived here on 06/04/2017 and her visa expires on 03 Jan 2020).

We are planning exactly the same as you described above and have already prepared the draft application which we are thinking of submitting anytime now before the end of the month - we are okay with 8 weeks decision for the standard application though need to factor in Sopra Steria appointment and the Christmas break.

Best wishes

H