Earliest Application Date For Spouse / Partner Extension

[vika09]

Hi everyone,

I'm hoping this is a simple / clear enough question, but please let me know if you need more information.

I'm assisting my wife in extending her partner / spouse visa. The details are as follows:

1. Current visa valid from date: 14 April 2022
2. Current visa valid until date: 14 January 2025
3. BRP expiry: 31 December 2024
4. Date of entry into UK: 16 May 2022

The plan is to apply for indefinite leave to remain after she has been in the country for 5 years. We would ideally like to go on a holiday during the end of December 2024 (around 22 Dec to 3rd January).

With these in mind, what is the earliest date she can apply for a spouse / partner extension visa?

Some sources online suggest it cannot be earlier than 28 days before expiry: so 14 January 2025 - 28 days = 14 December 2024. This feels too close to the planned holiday starting 22 December 2024.

Or is it possible apply earlier (e.g. 16 November 2024), so that an extension of 2 years and 6 months means she should still qualify for indefinite leave to remain at the end but also there is a buffer before the planned holiday in 22 December 2024.

Or is it just simpler to defer the application after the holiday? The concern being that the BRP expires on 31 December 2024.

Would appreciate any thoughts, input, and guidance. Thank you!

[Ticktack]

She can apply anytime before the expiry of her visa. She wouldn't want to apply too early, so it affects her ILR qualification time. Also when she makes the application, she obviously can't leave the UK.

So the best time to apply would be when y'all come back from your holiday in January.

IMHO, travelling around the time of the new system is getting rolled out is a risk. I guess it should be fine, but she would be cutting it close if things go south.

I reckon the choice is yours to make.

"To be, or not to be, that is the question."

[AmazonianX]

Eligible to apply from 19th October, 2024.

[vika09]

She can apply anytime before the expiry of her visa. She wouldn't want to apply too early, so it affects her ILR qualification time. Also when she makes the application, she obviously can't leave the UK.

So the best time to apply would be when y'all come back from your holiday in January.

IMHO, travelling around the time of the new system is getting rolled out is a risk. I guess it should be fine, but she would be cutting it close if things go south.

I reckon the choice is yours to make.

"To be, or not to be, that is the question."

Thank you so much! The concern I had was about traveling during this odd time of all of us transitioning to the eVisa. It's actually not exactly clear how the eVisa is linked to her passport. I've checked her UKVI account and there's no mention of her passport number, so I'm confused as to how an immigration officer knows that her eVisa (which was applied based on her BRP) is linked to her Indian passport.

Eligible to apply from 19th October, 2024.

Would you please be able to clarify / guide me as to why this date? Thank you!

[AmazonianX]

How the 19th October, 2024 was arrived at.

For spouse visa applied from outside UK, the time counts from the date of first entry into UK by the holder.
For FLRM eligibility, this will be 30months in UK from date of first entry minus 28days.

[vika09]

How the 19th October, 2024 was arrived at.

For spouse visa applied from outside UK, the time counts from the date of first entry into UK by the holder.
For FLRM eligibility, this will be 30months in UK from date of first entry minus 28days.

Thank you so much!

I'm so sorry if I wasn't clear! My wife is actually in the UK currently. Does that change timelines?

[AmazonianX]

How the 19th October, 2024 was arrived at.

For spouse visa applied from outside UK, the time counts from the date of first entry into UK by the holder.
For FLRM eligibility, this will be 30months in UK from date of first entry minus 28days.

Thank you so much!

I'm so sorry if I wasn't clear! My wife is actually in the UK currently. Does that change timelines?

1. Current visa valid from date: 14 April 2022
2. Current visa valid until date: 14 January 2025
3. BRP expiry: 31 December 2024
4. Date of entry into UK: 16 May 2022

Where was her first spouse visa granted from???

[CR001]

How the 19th October, 2024 was arrived at.

For spouse visa applied from outside UK, the time counts from the date of first entry into UK by the holder.
For FLRM eligibility, this will be 30months in UK from date of first entry minus 28days.

Thank you so much!

I'm so sorry if I wasn't clear! My wife is actually in the UK currently. Does that change timelines?

1. Current visa valid from date: 14 April 2022
2. Current visa valid until date: 14 January 2025
3. BRP expiry: 31 December 2024
4. Date of entry into UK: 16 May 2022

Where was her first spouse visa granted from???

Obviously from abroad and not the uk if the spouse entered the uk a month after visa was issued!

[AmazonianX]

How the 19th October, 2024 was arrived at.

For spouse visa applied from outside UK, the time counts from the date of first entry into UK by the holder.
For FLRM eligibility, this will be 30months in UK from date of first entry minus 28days.

Thank you so much!

I'm so sorry if I wasn't clear! My wife is actually in the UK currently. Does that change timelines?

1. Current visa valid from date: 14 April 2022
2. Current visa valid until date: 14 January 2025
3. BRP expiry: 31 December 2024
4. Date of entry into UK: 16 May 2022

Where was her first spouse visa granted from???

Obviously from abroad and not the uk if the spouse entered the uk a month after visa was issued!

Indeed; I quoted OP's 1. - 4.

[AmazonianX]

How the 19th October, 2024 was arrived at.

For spouse visa applied from outside UK, the time counts from the date of first entry into UK by the holder.
For FLRM eligibility, this will be 30months in UK from date of first entry minus 28days.

Thank you so much!

I'm so sorry if I wasn't clear! My wife is actually in the UK currently. Does that change timelines? No it does not. Still counted from date of first entry into UK on initial spouse visa.

[vika09]

Thank you everyone for the responses!

I think I get it now. The ILR requirement is 5 years. The spouse visa extension is 2 years 6 months.

Since she entered the UK on 16 May 2022, adding 2 years and 6 months leads to 16 November 2024. Subtracting the 28 days that UKVI could transfer from her current visa to the next one, leads to 19 October 2024.

So to me, it makes sense, to be on the safer side, to apply around 1 November 2024 for the extension so that it could arrive before 22 December 2024 (hopefully!) and also gives a bit of a buffer when applying for the ILR later.

[vinny]

When do you expect to return from holiday?

It may be safest to return prior to BRP’s expiry date and then make an application prior to 14 January 2025?

[AmazonianX]

Thank you everyone for the responses!

I think I get it now. The ILR requirement is 5 years. The spouse visa extension is 2 years 6 months.

Since she entered the UK on 16 May 2022, adding 2 years and 6 months leads to 16 November 2024. Subtracting the 28 days that UKVI could transfer from her current visa to the next one, leads to 19 October 2024. Correct

So to me, it makes sense, to be on the safer side, to apply around 1 November 2024 for the extension so that it could arrive before 22 December 2024 (hopefully!) and also gives a bit of a buffer when applying for the ILR later. Adjust and manage your expectations of applying in November even if you are considering priority service. There is no rush to apply early.

Travelling around period of transition from BRP to evisa with no clarity or certainties as of now on what the evisa regime will be like and coupled with the leave expiring 14th January 2025 is a tough one.

[vika09]

When do you expect to return from holiday?

It may be safest to return prior to BRP’s expiry date and then make an application prior to 14 January 2025?

The wider family are planning a 2 week holiday (22 Dec to 4 January).

I think I need to find a way of striking a balance between applying early enough to get the extension visa before 22 December, but late enough that it doesn't impact ILR timescales.

Thank you everyone for the responses!

I think I get it now. The ILR requirement is 5 years. The spouse visa extension is 2 years 6 months.

Since she entered the UK on 16 May 2022, adding 2 years and 6 months leads to 16 November 2024. Subtracting the 28 days that UKVI could transfer from her current visa to the next one, leads to 19 October 2024. Correct

So to me, it makes sense, to be on the safer side, to apply around 1 November 2024 for the extension so that it could arrive before 22 December 2024 (hopefully!) and also gives a bit of a buffer when applying for the ILR later. Adjust and manage your expectations of applying in November even if you are considering priority service. There is no rush to apply early.

Travelling around period of transition from BRP to evisa with no clarity or certainties as of now on what the evisa regime will be like and coupled with the leave expiring 14th January 2025 is a tough one.

Thank you for the guidance. Looks like a early to mid November application on priority service seems the safest (but expensive) option!

[vinny]

Be aware.

[vika09]

Sincere apologies for resurrecting am old thread.

I just finished and submitted the application. However it was not clear to me where to mention / ask the UKVI to transfer 28 days from current visa to extension visa.

Should this go in a cover letter?

[CR001]

You can't ask for that. If UKVI does, it is their decision.