Spouse visa

[andy222]

My wife's spouse visa expires on July 27th 2016. When should we apply for F.L.R?

Thanks in advance.

[marksroomspain]

My wife's spouse visa expires on July 27th 2016. When should we apply for F.L.R?

Thanks in advance.

Hi Andy,

You can apply no less than 28 days before the current stay of 30 months in the initial stage of entrance clearance.

So the latest date for UKVI to receive the application would be the date you mentioned - but you can also apply like I stated above without problems.

Basically after 30 months here on her initial arrival she can apply for extension but not less than 28 days from that 30 month period...

[Arthur Little]

Hi, Andy ... if I remember correctly, your wife obtained her Spousal Visa under 'New Rules', but I'm pretty certain the same qualifying period for extending her current residence status remains unchanged. Meaning the earliest date she'll be eligible to apply for an extension of her FLR is 28 days prior to the date on which she's been living here for 21/2 years.

[Terpe]

The spouse visa is issued with a validity of 33 months.
The UK residency requirement is 30 months
The extra 3 months is to allow time to relocate in UK

The earliest she should apply for that FLR is 28 days before her 30 month anniversary of living in UK. Do not apply any earlier than that since the second period of FLR is issued for 30 months only.

It's very important to be sure that she can actually reach a total of 60 months (5 years) UK residency before making application for ILR. So applying for the FLR any earlier than 28 days would most likely mean being issued with an FLR that will expire before she'll be able to reach the 5 year residency before visa expiry. Means an extra unecessary (and expensive) application for FLR

Obviously the latest date she can apply is the actual date of expiry of the current visa.

[andy222]

Thanks gents, superb.

[Abigail]

Can I just check is the 30 months counted from the date of issue shown on the visa or the date you are stamped arriving in the country?

[Terpe]

Can I just check is the 30 months counted from the date of issue shown on the visa or the date you are stamped arriving in the country?

Hi Abigail,
It's a mandatory UK residency requirement. So that means counting from the date of arrival into UK (per the passport stamp)
30 months living in UK

[Abigail]

Ok, that's what I assumed but just wanted to check. Thank you