Visa application too early...

[Stuart457]

Morning friends,
This may have been asked before but my wife’s visa runs out at the end of December. In an effort to get it sorted and applied for I did the online application two weeks ago as the website you can apply to extend at any time before the visa runs out. Looking on other websites, advisory pages which suggest that I have applied early. We haven’t booked an appointment yet as there are none available. If I have gone wrong here, can anyone suggest the best way of salvaging this situation or at least finding its best outcome?

Thank you!

[seagul]

Maybe cancelling it before attending the biometrics enrolling appointment is a good idea where you may received the fee refund.
https://www.gov.uk/cancel-visa

[Korekt]

What is the visa type that runs out in December?

[Stuart457]

Maybe cancelling it before attending the biometrics enrolling appointment is a good idea where you may received the fee refund.
https://www.gov.uk/cancel-visa

Yes I am coming to this conclusion. Except I couldn’t find anywhere on the Gov website that mentions the 28 days before and only says “anytime before your current visa ends”. This is very misleading. Thank you!

[Stuart457]

What is the visa type that runs out in December?

It’s the Spouse Visa 5 year extension Any light on this would be appreciated! Thank you!

[Korekt]

What date did your wife enter the UK on this visa?

[AmazonianX]

What is the visa type that runs out in December?

It’s the Spouse Visa 5 year extension Any light on this would be appreciated! Thank you!

Can you give relevant details once and for all not drip feeding so knowledgeable persons can have proper perspective and holistic view to know what directions to point you

[Stuart457]

What date did your wife enter the UK on this visa?

19th April 2018

[seagul]

19th April 2018

The correct time to apply for avoiding the shortfall will be 20th September but you have applied too early. Since you haven't enrolled your biometrics so better to cancel the application unless you are prepared for third extension in future.

[Stuart457]

19th April 2018

The correct time to apply for avoiding the shortfall will be 20th September but you have applied too early. Since you haven't enrolled your biometrics so better to cancel the application unless you are prepared for third extension in future.

That’s really useful to know. Thank you. May I ask where you get 20th Sept from? Does that mean from that date if I apply I’d be ok to apply before then or must it be in the 28 days prior to 20th Dec?

[seagul]

19th April 2018

The correct time to apply for avoiding the shortfall will be 20th September but you have applied too early. Since you haven't enrolled your biometrics so better to cancel the application unless you are prepared for third extension in future.

That’s really useful to know. Thank you. May I ask where you get 20th Sept from?

https://www.timeanddate.com/date/datead ... ad=28&rec=

Does that mean from that date if I apply I’d be ok to apply before then or must it be in the 28 days prior to 20th Dec?

An extension can be applied after 30 months minus 28 days since arrived to UK until the last day of expiry.

[Korekt]

With the situation of things currently, it may well be that appointments for biometrics will be delayed. In your case, a delay of the biometrics appointment until the last few days of August or any date in September using the standard application will sort out the problem; and 28 days should be added to the visa, if granted.

If you're able to get a refund of the fees on cancelling the visa, this may be the better option. You can then apply no earlier than 21st September 2020 to avoid a shortfall to ILR.

If you're unable to get a refund, you'll have to decide if you want to take risk of delaying the biometrics appointment in your favour or not.

[Stuart457]

What is the visa type that runs out in December?

It’s the Spouse Visa 5 year extension Any light on this would be appreciated! Thank you!

Can you give relevant details once and for all not drip feeding so knowledgeable persons can have proper perspective and holistic view to know what directions to point you

Sorry yes that’s a fair point.
Wife entered the country on April 19th although we have since worked out that her visa actually started on March 20 so everything starts then. I wanted to get the visa sorted and have recently applied to extend and have learnt that it was too early and have been advised to withdraw application and wait until 28 days before it expires. After amazing advice given I’m now under the impression we have apply anytime after the 2.5 year point? There was a mention about even 28 days before that but I’m not quite clear on where that 28 days come from. I hope that helps.

[AmazonianX]

What is the visa type that runs out in December?

It’s the Spouse Visa 5 year extension Any light on this would be appreciated! Thank you!

Can you give relevant details once and for all not drip feeding so knowledgeable persons can have proper perspective and holistic view to know what directions to point you

Sorry yes that’s a fair point.
Wife entered the country on April 19th although we have since worked out that her visa actually started on March 20 so everything starts then. I wanted to get the visa sorted and have recently applied to extend and have learnt that it was too early and have been advised to withdraw application and wait until 28 days before it expires. After amazing advice given I’m now under the impression we have apply anytime after the 2.5 year point? There was a mention about even 28 days before that but I’m not quite clear on where that 28 days come from. I hope that helps.

Yes Stuart457, it helps. The date of visa vignette issuance does not matter, the date of spouse entry into UK is what's of relevance in calculating the time towards extension/ILR so will take the 19th April, 2020.
The 28 days before 2.5yrs or 30months mentioned refers to the practise from HO wherein for applications done early and processed just before nothing the 30month mark, 28days out of the remaining 90days or thereabouts (initial leave validity is usually granted for 33months) is added on to the new extension to help avoid shortfall towards ILR.
Seagul and Korekt clearly outlined in their responses the options available to you to avoid or mitigate time and or financial losses. Good luck with the decision making.

[Stuart457]

It’s the Spouse Visa 5 year extension Any light on this would be appreciated! Thank you!

Can you give relevant details once and for all not drip feeding so knowledgeable persons can have proper perspective and holistic view to know what directions to point you

Sorry yes that’s a fair point.
Wife entered the country on April 19th although we have since worked out that her visa actually started on March 20 so everything starts then. I wanted to get the visa sorted and have recently applied to extend and have learnt that it was too early and have been advised to withdraw application and wait until 28 days before it expires. After amazing advice given I’m now under the impression we have apply anytime after the 2.5 year point? There was a mention about even 28 days before that but I’m not quite clear on where that 28 days come from. I hope that helps.

Yes Stuart457, it helps. The date of visa vignette issuance does not matter, the date of spouse entry into UK is what's of relevance in calculating the time towards extension/ILR so will take the 19th April, 2020.
The 28 days before 2.5yrs or 30months mentioned refers to the practise from HO wherein for applications done early and processed just before nothing the 30month mark, 28days out of the remaining 90days or thereabouts (initial leave validity is usually granted for 33months) is added on to the new extension to help avoid shortfall towards ILR.
Seagul and Korekt clearly outlined in their responses the options available to you to avoid or mitigate time and or financial losses. Good luck with the decision making.

Very good of you guys.
Thank you!