Spouse Visa Extension - Question regarding date

[bossbaby82]

Hello Moderators,

I'm planning to submit my wife's FLR(M) extension application and need few clarifications.

Background:

- FLR(M) applied in April 2021 and got the BRP with Valid from Date: 19/05/2021 and Valid Until: 19/11/2023.

- Going to apply for the first Extension.

- I believe at the end of first extension, she will complete 5 years - so will be eligible to apply for ILR.

My questions:

- Is the first extension granted for 2 years and 6 months or 2 years and 9 months? If it is 2 years and 6 months, then my next question is -

- How early I can apply for the FLR(M) extension? The website says 'You can extend at any time before your current permission to stay in the UK expires.', so if I apply, say on 15/08/2023 - will the validity of the new BRP will start from 20/11/2023 (which is right after the current BRP end date) or will it start before that (example: 20/09/2023 assuming I submit the application on 15/08/2023 and processed in 5 weeks time)?. This means she would have spend only 2 years and 4 months in the first FLR(M).

- Reason for my above question - if it starts earlier than current BRP end date, say for example: 20/09/2023 and valid for only 2 years and 6 months - she wouldn't complete 5 years by end of first extension, so won't be able to apply for ILR and should she need to apply for another extension to cover the 2 months shortage before applying ILR? (2 years and 4 months on first FLR(M) and 2 years and 6 months from the extension)

- Should I wait to submit the application exactly 28 days before the expiry of the current BRP end date or can submit the application now and expect Home Office will give new BRP Extension from Nov 2023 for 2 years and 6 months, so at the end of it - my wife can apply for ILR.

Please clarify.

Thanks!

[CR001]

- Is the first extension granted for 2 years and 6 months or 2 years and 9 months? If it is 2 years and 6 months, then my next question is -

2 years and 6 months for applications made within the UK. The 2 years and 9 months is for applications outside the UK, the extra 3 months to enable and facilitate moving to the UK etc.

- How early I can apply for the FLR(M) extension? The website says 'You can extend at any time before your current permission to stay in the UK expires.', so if I apply, say on 15/08/2023 - will the validity of the new BRP will start from 20/11/2023 (which is right after the current BRP end date) or will it start before that (example: 20/09/2023 assuming I submit the application on 15/08/2023 and processed in 5 weeks time)?. This means she would have spend only 2 years and 4 months in the first FLR(M).

Apply no sooner than within 28 days before you reach 2.5 years from date of FLR(M) valid from date. Latest you can apply is the date the visa expires. The new visa will be valid from date of decision. It is not tagged onto the expiry date of the last visa.

- Reason for my above question - if it starts earlier than current BRP end date, say for example: 20/09/2023 and valid for only 2 years and 6 months - she wouldn't complete 5 years by end of first extension, so won't be able to apply for ILR and should she need to apply for another extension to cover the 2 months shortage before applying ILR? (2 years and 4 months on first FLR(M) and 2 years and 6 months from the extension)

Apply for ILR no sooner than within 28 days before reaching 60 months on FLR(M) visa.

- Should I wait to submit the application exactly 28 days before the expiry of the current BRP end date

Yes, if you do not want a shortfall for ILR requiring a 3rd extension for another 2.5 years.

or can submit the application now and expect Home Office will give new BRP Extension from Nov 2023 for 2 years and 6 months, so at the end of it - my wife can apply for ILR.

It doesn't work like that. Her new visa will be valid from date of decision, NOT tagged onto the expiry date of the current visa.