FLR(M) new BRP change in name and renewal of visa

[saisun99]

I need your suggestion please on FLR(M) spouse visa and recent change in spouse's last name.

Basically my wife was granted 30 months Spouse Visa in 2012 while I was on ILR. A year later I got my British Citizenship and British passport. She has now changed her maiden name last month. Now my wife visa is ending in first week of Oct 15 and as per UKBA any change in circumstance such as name change etc., should get notified UKBA (fair enough) and also need to apply new BRP Card??

My queries are :
1. Can we apply for renewal of Spouse visa using same day service 3 months before ?

2. Instead of getting her new BRP card with new name should we apply directly for her visa renewal and notify UKBA about her change in name while we are appearing on the same day service and ask them to consider her new name and provide new BRP card ?

Your suggestions and responses will be appreciated.

[CR001]

1. I suppose you can. However, it will leave a shortfall and she will require another extension just to cover 3 months to qualify with 5 years residence. She should ideally only be applying within 28 days of her current visa expiring.

Has she changed her passport to her new name?

[saisun99]

Yes she has now got new passport. As per rule name change should notify within 90 days and The new passport was issued on 09/06/2105 and 90 days end on 09/09/2015 and her visa is expirying on 10/10/2015. So 28 days before date falls on 11/09/2015. I hope they won't fine or prosecute if I book same day premium service near by ?