Spouse Partner Leave to Remain Extension

[karenlee]

How early can my spouse apply to extend his Spouse Partner Leave to Remain visa?

We thought it was 28 days before expiry but we just read this sentence today on gov.uk and wanted to confirm that we can extend it as early as we'd like:
"You can extend at any time before your current permission to stay in the UK expires."

But we also read this sentence where the wording is confusing:
"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."

His current visa finishes on July 31st and unfortunately he doesn't qualify for ILR till October so we need to extend for these few months THEN apply for ILR which is a shame and waste of money.

Thanks in advance!

[vinny]

If he extends shorty prior expiry of leave in July and they don’t decide by the time he’s eligible for ILR, then he may vary his undecided application to an ILR application, subject to KoLL, etc. Then they should refund his earlier application.

Don’t forget about the higher English language requirement for extension and ILR. If necessary, then take an approved B1 test for both.

[karenlee]

That's an interesting way to think about it.

And to confirm, we CAN apply for extension as early as we want to, correct? We can do it now for example, we don't need to wait till 28 days before his current visa expires.

[TODMATT]

Did you arrive on a spouse visa granted from abroad for 33 months or applied within UK from another category?

You can apply for ILR 28 days before completing 60 months in the UK if your leave has been consistent under the 5 years route.

[karenlee]

Did you arrive on a spouse visa granted from abroad for 33 months or applied within UK from another category?

You can apply for ILR 28 days before completing 60 months in the UK if your leave has been consistent under the 5 years route.

No, my spouse's situation is different, he was on Tier 4 then Tier 2 then switched to Spouse Visa for the last 2 years.
He can apply for ILR end of Sept on the basis of 10 years in the country.

I'd just like to confirm the following please:
CAN we apply for spouse visa extension as early as we want to? Can we do it now for example, instead of waiting till 28 days before his current visa expires?

[TODMATT]

Did you arrive on a spouse visa granted from abroad for 33 months or applied within UK from another category?

You can apply for ILR 28 days before completing 60 months in the UK if your leave has been consistent under the 5 years route.

No, my spouse's situation is different, he was on Tier 4 then Tier 2 then switched to Spouse Visa for the last 2 years.
He can apply for ILR end of Sept on the basis of 10 years in the country.

I'd just like to confirm the following please:
CAN we apply for spouse visa extension as early as we want to? Can we do it now for example, instead of waiting till 28 days before his current visa expires?

If you have lived in the UK continuously for the period of 10 years, you can apply 28 days from the date of arrival in the UK.

[vinny]

I'd just like to confirm the following please:
CAN we apply for spouse visa extension as early as we want to? Can we do it now for example, instead of waiting till 28 days before his current visa expires?

Yes. There’s no time restriction when extending for limited leave. But they are normally avoided, if they prevent the qualifying period for ILR to be completed and necessitates unnecessary applications for extensions of stay.

[karenlee]

I'd just like to confirm the following please:
CAN we apply for spouse visa extension as early as we want to? Can we do it now for example, instead of waiting till 28 days before his current visa expires?

Yes. There’s no time restriction when extending for limited leave. But they are normally avoided, if they prevent the qualifying period for ILR to be completed and necessitates unnecessary applications for extensions of stay.

Perfect, thank you so much for confirming