Spouse visa extension

[mylittletiger]

Hi

I have a similar query regarding extension application date

My wife gained a decision on her BRP card valid from the 4th December 2018 however because we were unsure if or when it was going to be granted I joined my wife in the USA with our daughter for Xmas and we entered the UK together on the 28th December 2018.

Do we calculate from the date of issue of the BRP card or her actual physical UK entry date?

The difference is 28 days prior to either the 4th June or the 28th June I am keen on applying at the earliest opportunity as this time we are adding her daughter to her visa and would like her to be able to start a state school in September (her daughter currently has a private school visa)

I don’t understand the 28 day rule because if the processing time is 4-6 months and the new BRP card is issued from the date it’s granted then I would assume that it’s possible to apply 4-6 months prior to our renewal date in June.

Has anyone risked an application prior to 28 days before renewal. I realise that we need 5 years of residency prior to the ILR but our last BRP card was issued from the date granted not from the application date.

Thanks

[CR001]

Do we calculate from the date of issue of the BRP card or her actual physical UK entry date?

Date of entry to the UK.

I don’t understand the 28 day rule because if the processing time is 4-6 months and the new BRP card is issued from the date it’s granted then I would assume that it’s possible to apply 4-6 months prior to our renewal date in June.

You can apply at any time, however if you get a quick decision which does happen, you will end up with a shortfall to qualify for ILR and will require a 3rd FLR M extsnion to cover a few months.

[mylittletiger]

Many thanks most helpful.

So the important thing for me is to judge the timing of my application and bio appointment to ensure that the decision granted will furnish me with 5yrs to allow a application for ILR without an additional FLR. I think I got it

Thanks again I appreciate your input