Spouse visa extension into BNO - 30 months?

[Videologic]

I was granted a spouse visa on 26 July 2019. I'm on a spouse visa which is up for renewal on 26 April (which would be 33 months).

I intend to switch into the BNO visa scheme for the other 2.5 years. Contrary to what it says on the family visa guidance on GOV.UK, this is updated on the BNO guidance page.

I'm aware spouse visas are usually granted the initial 33 months instead of 30.

Can I extend the visa after 29 months? So start an application on 26 December 2021? Or does it have to be after 30 months? Which would be 26 January 2022?

[TODMATT]

Leave to enter for spouse visa applications are granted for 33 months from abroad and inside the UK it is granted for 30 months.

BNO can be granted for 30 months or 5 years.

If you switch to BNO, it is likely your route to ILR will be set back so it is better to stay on spouse visa and extend your leave for another 2.5 years and apply for ILR.

[Videologic]

Leave to enter for spouse visa applications are granted for 33 months from abroad and inside the UK it is granted for 30 months.

BNO can be granted for 30 months or 5 years.

If you switch to BNO, it is likely your route to ILR will be set back so it is better to stay on spouse visa and extend your leave for another 2.5 years and apply for ILR.

Thanks. Actually switching into BNO visa from a spouse visa will not set back route to ILR. This has been clearly referenced on the GOV.UK guidance on BNO visas.

I applied from outside the UK at the time so know it was granted for 33 months.

My question pertains back to whether I am able to apply 28 days before the 30th month 'anniversary' from the date of issue, or whether I'd need to wait until I've hit 30 months before going ahead to apply.

[TODMATT]

Leave to enter for spouse visa applications are granted for 33 months from abroad and inside the UK it is granted for 30 months.

BNO can be granted for 30 months or 5 years.

If you switch to BNO, it is likely your route to ILR will be set back so it is better to stay on spouse visa and extend your leave for another 2.5 years and apply for ILR.

Thanks. Actually switching into BNO visa from a spouse visa will not set back route to ILR. This has been clearly referenced on the GOV.UK guidance on BNO visas.

That’s good to know but can you provide the reference from the gov guidance?

I applied from outside the UK at the time so know it was granted for 33 months.

My question pertains back to whether I am able to apply 28 days before the 30th month 'anniversary' from the date of issue, or whether I'd need to wait until I've hit 30 months before going ahead to apply.

It is not counted from date of visa issue but from the date of arrival in the UK. You are switching to another route so I did suggest you wait until you have clock 30 months at least because applying 28 days prior before completing 30 months falls under appendix FM.

[CR001]

That’s good to know but can you provide the reference from the gov guidance?

Clearly stated on the UKVI website!

https://www.gov.uk/british-national-ove ... -in-the-uk

Time spent in the UK that counts toward the 5 years
You can count time spent in the UK on any visa that allows you to apply for settlement, as long as your last visa was a BNO visa. For example:

Entrepreneur visa
Family visa
Global Talent visa (or a Tier 1 Exceptional Talent visa)
Investor visa
Minister of Religion visa
Representative of an Overseas Business visa
Skilled Worker visa (or a Tier 2 General work visa)
Sportsperson visa
UK Ancestry visa

[TODMATT]

That’s good to know but can you provide the reference from the gov guidance?

Clearly stated on the UKVI website!

https://www.gov.uk/british-national-ove ... -in-the-uk

Time spent in the UK that counts toward the 5 years
You can count time spent in the UK on any visa that allows you to apply for settlement, as long as your last visa was a BNO visa. For example:

Entrepreneur visa
Family visa
Global Talent visa (or a Tier 1 Exceptional Talent visa)
Investor visa
Minister of Religion visa
Representative of an Overseas Business visa
Skilled Worker visa (or a Tier 2 General work visa)
Sportsperson visa
UK Ancestry visa

Thanks for that link.

[Flashinoz]

Hello

Just wanted to follow up on this question. i was just granted a spouse visa for 30 months on the 10 years route, due to some misunderstanding on when my previous spouse visa expired (I technically inadvertently overstayed). I understand I can reapply to change to the 5 year route ASAP, but I do have BNO status and I am just wondering if I should apply to change over to BNO route now or wait 24 months (before my current visa expires) to change\extend. From my understanding to change from 10 year route to 5 year, I have to start my counting all over again for ILR, but with the BNO route it seems like whatever time I spent before counts. Is this correct? Also if I change routes from 10 to 5 or change to BNO now I assume I have to pay the NHS fees again even though I just paid for them in the application that was granted.

thanks

[Flashinoz]

Hello

Just wanted to follow up on this question. i was just granted a spouse visa for 30 months on the 10 years route, due to some misunderstanding on when my previous spouse visa expired (I technically inadvertently overstayed). I understand I can reapply to change to the 5 year route ASAP, but I do have BNO status and I am just wondering if I should apply to change over to BNO route now or wait 24 months (before my current visa expires) to change\extend. From my understanding to change from 10 year route to 5 year, I have to start my counting all over again for ILR, but with the BNO route it seems like whatever time I spent before counts. Is this correct? Also if I change routes from 10 to 5 or change to BNO now I assume I have to pay the NHS fees again even though I just paid for them in the application that was granted.

thanks