Spouse Visa extension applied too early!

[skyfire0001]

Hi,
I have recently applied for an extension for a UK spouse visa on the 4th January, however my visa expires on the 12th February, which is more than 28 days gap in-between from application to the expiry. As I thought the 28 days was applicable to the biometric appointment, which is booked for the 16th January. I am worried about not fulfilling the criteria of 5 years when it comes to the 2nd extension. Does anyone know when the start date that the 2.5 years is added on to the extended visa, is this the application date or biometric appointment date? Also are 28 days from the current visa carried over to the new visa? Help much appreciated

[CR001]

Your new visa start date will be from the date of approval.

Did you apply for Super Priority Service or Standard Service?

On what date did you enter the UK on your spouse visa?

I am worried about not fulfilling the criteria of 5 years when it comes to the 2nd extension.

You won't be penalised. It is no issue if you applied slightly too early. It might however mean you end up with a shortfall of a couple of months to qualify for ILR, requiring a 3rd extension.

[skyfire0001]

Date of approval? Is this the date after the biometrics appointment, if the spouse visa extension is approved?

I applied for the Super Priority Service, I was a student before I applied for a spouse visa, so the spouse started on the 12th August 2017 and is expiring on the 12th February 2020. But I have applied online on the 4th January for an appointment on the 16th January 2020.
The gov website also says: 'If you’re extending to stay with the same family member, you’ll only get up to 28 days left on your current stay added to your new visa.'

I'm not sure if this 28 days will be added on the 4th January or the 16th January, or if when the visa extension is approved?

I'm hoping to not need a 3rd extension, due to slight error of applying early. I just wanted to double check when the extended visa will begin, and if I will make it to 5 years in total.

[geoeng]

Also are 28 days from the current visa carried over to the new visa?

They should add any remaining leave, up to a maximum of 28 days, onto the length of time your extension is valid for.

[geoeng]

Date of approval? Is this the date after the biometrics appointment, if the spouse visa extension is approved?

Essentially it's the date the visa is issued, which would be after the biometrics appointment. So with this and the addition of any remaining leave, you should still be on track to apply for ILR after 60 months (just don't apply for that early as you will then end up with a shortfall).

[skyfire0001]

Thanks, I hope they do add the 28 days in addition to the after date biometrics approval, and not take into consideration my application date of the 4th January

[THO]

That raises an interesting point. In around 2 years we will need to apply for my wife's spouse visa extension. So, how long before the end date of the visa should the application be made? Is it OK to apply a week before and remain in the country while the application is being processed but the visa has expired, because that would seem the best way to do it, to ensure not re-applying too early.

[AmazonianX]

That raises an interesting point. In around 2 years we will need to apply for my wife's spouse visa extension. So, how long before the end date of the visa should the application be made? Is it OK to apply a week before and remain in the country while the application is being processed but the visa has expired, because that would seem the best way to do it, to ensure not re-applying too early.

Within 28 days to the expiration of current leave. Once application submitted and with HO, when expired article 3C is activated hence no break in legal residence.
Best to start your own topic so you can get all your answers and follow upquestions.