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If you are here on family route (as spouse or unmarried partner), and you entered UK on 33-month visa, then the earliest you can apply to renew your leave on form FLR(M) is on the 30-month anniversary of your UK entry (not from 'valid from' date on your visa, unless you arrived here on the first day of validity), minus 28 days. So for example, if you arrived in UK on your settlement visa on 17th June 2015, you can apply on 17th December 2017 (30-month anniversary), minus 28 days which will be 19th November 2017. So that's the first day you can book your premium service centre appointment for (for same-day service).

If you switched your leave within UK from fiancé(e) visa or any other non-visit visa (such as Tier 4 student, Tier 5 YMS or Tier 2 General) to leave to remain as spouse/partner on form FLR(M), your leave will be for exactly 30 months so you can renew up to 28 days before its expiry. This is also the case for ILR (settlement) application after being in UK for 5 years.

If you wish to renew or extend a non-settlement visa such as Tier 4 or Tier 2, there is no stipulation about how many days in advance you can apply, but your next leave will be valid from the date of issue, even if you had some days left on your previous visa or leave. Something to bear in mind if you can qualify for ILR after a stipulated period of residence, such as Tier 2 General. They usually allow up to 3 months short of prescribed period but naturally you don't want to cut it too finely.

If you renew your visa before the expiry date, the unexpired days of your previous visa up to 28 days are usually added to the new leave. Just bear in mind when you come to apply for settlement (indefinite leave to remain), as you will be able to apply some time before the expiry of your visa, i.e. 30 months on your visa, minus up to 28 days. Don't work it from the expiry date.

Please use this date calculator:

 

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Joppa, I arrived on a fiancé visa in May 2015. When I received my FLR(M), the date of issue was 20/06/15 and valid through 17/01/2018.

By my calculation, that's three days shy of 31 months. Does this mean I have to wait to reapply 28 days before it expires or can I reapply 28 days before the 30 months?
 

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Discussion Starter #4
4 weeks before the 30-month anniversary of getting your FLR(M).
 

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Thanks for all the info Joppa.

I have a quick question. What if the 30th month anniversary of my arrival in UK is around the Visa expiry date?

My Entry Clearance Visa (Spouse Visa) was issued on 25th April 2013. I however was only able to move to UK on 22 July 2013. Considering the 30 month period comes on 22 January 2016, 28 days before would be 25 Dec 2015.
Does this mean I cannot apply for my FLM any earlier than 25 Dec 2015? (If that is the case, then I could only apply in person - since postal applications take around 2 months?)

Cheers,
Saaib
 

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Discussion Starter #6
You are right about Christmas Day. You can still apply by post, and while you wait, your leave is automatically extended until a decision is made.
 

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Hello Joppa,
Hope you well, though you have given a clear explanation for application for extension, I am asking for my exact time- sorry but I'm poor at math :-(
I was here on 16th of december 2013 and my visa expires on 6th of sept 2016. I guess I need to apply in august 2016?????
I also need to ask when do I apply for my kids' citizenship as they also have the same visa details.
Their father acquired his citizenship in 2012.
Have been to citizen bureau nearby but could not get clear info. from the advisor. He asked me to submit MN1 form for kids and apply but can I apply now or do I have to wait till the visa gets renewed and once they get FLR with me then can apply for their citizenship rightaway?
Please may I have you advice on this.
Thanks
Juhi
 

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Discussion Starter #10
30-month anniversary of your arrival is 16th June 2016, and 28 days before is 19th May 2016, the earliest date you can apply.
Children's British citizenship by registration is by discretion, and they usually expect one parent to be a citizen and the other at least to have ILR, so in December 2018. You can apply before you get ILR, but it may not be approved.
Registration at the Home Secretary’s discretion – Section 3(1) application
Children born abroad to parents who are applying for British citizenship

Where one or both parents are applying for British citizenship they may apply for one or more children who are not automatically British at birth (see “Automatic acquisition of British citizenship” above) to be registered as British citizens as part of a “family application”. Children in this category will be considered at the Home Secretary’s discretion and will usually be registered only if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other is settled in the UK.
 

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So its only whenI get FLR in 2016 then ILR in 2018 dec, then can apply for kids' citizenship. Got it.
Thanx Joppa.
 

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Discussion Starter #12
Yes, that's more likely to be approved than applying before you get ILR.
 

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There is something that confuses me. I entered the UK on the 27th June 2013. So the earliest I could apply is 30th of November.
However, I have been travelling out of the UK during these 30 months, for a total of 43 days (spent outside of UK since I entered on the 27/06/2013).
Does this have anything to do with my application date or not?
I could still apply after the 30 November 2015, regardless of those 43 days spent outside of the UK?
Thank you.
 

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Clarification on Same day booking

Hello Joppa,

Many thanks for the explanation. How ever request your help on getting a clarification.

I have arrived in UK on Spouse Visa on 12th June 2013. So my 30 months comletion would be 12th Dec, 2015. Based on the 30 months minus 28 days , I should be apply to anytime after 15th Nov'2015.

My question is can I book now itself for a same day appointment for a post 15th Nov date? . Which would be the date of applicaton, whether it would be the day of booking or the day of appointment.

Thanks in advance for your help.

Sijo
 

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Calrification requested

Hello Joppa,

Just to get a calrification on the application date. Can I book in advance for the same day visa date which would be 28 day minus 30 months anniversary. Or do I need to wait till this 28 day minus 30 months to make the booking as well (same day visa booking.)

Thanks in advance,
Sijo


If you are here on family route (as spouse or unmarried partner), and you entered UK on 33-month visa, then the earliest you can apply to renew your leave on form FLR(M) is on the 30-month anniversary of your UK entry (not from 'valid from' date on your visa, unless you arrived here on the first day of validity), minus 28 days. So for example, if you arrived in UK on your settlement visa on 17th June 2015, you can apply on 17th December 2017 (30-month anniversary), minus 28 days which will be 19th November 2017. So that's the first day you can book your premium service centre appointment for (for same-day service) or send off your application by post.

If you switched your leave within UK from fiancé(e) visa or any other non-visit visa (such as Tier 4 student, Tier 5 YMS or Tier 2 General) to leave to remain as spouse/partner on form FLR(M), your leave will be for exactly 30 months so you can renew up to 28 days before its expiry. This is also the case for ILR (settlement) application after being in UK for 5 years.

If you wish to renew or extend a non-settlement visa such as Tier 4 or Tier 2, there is no stipulation about how many days in advance you can apply, but your next leave will be valid from the date of issue, even if you had some days left on your previous visa or leave. Something to bear in mind if you can qualify for ILR after a stipulated period of residence, such as Tier 2 General. They usually allow up to 3 months short of prescribed period but naturally you don't want to cut it too finely.
 

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Joppa/Nyclon, Please can you assist in clarifying
My spouse visa was issued on 14/2/13, set to expire on 14/11/15. I entered the country before the 3 months from issue (12 may 2013). and I am all set to interview for the FLR (M) at the end of October 2015 in Croydon.
When I received my spouse visa on 2013, there was a letter stapled to the visa. It states as follows "Visa in your passport enables you to remind in the UK for 33 months only. Near the end of this time if still married etc you can apply to stay permanently in the UK.
My wife and I had been together for over 4 years before we got the visa.
Reading the letter I think I should be filing for ILR ie. SET (m) ?
When I had spoken to the help line, they said I had to fill in the FLR (M) and that is what I am doing.
However, I still keep having the niggling feeling that maybe because we were living together for 4 years before we got married, and applied for spouse visa a few months thereafter with the new rules, maybe I do not have to have another 30 months to complete and I am filling in the wrong paperwork?
Please can you clarify? Appreciate it.
 

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Since you applied under the new rules you will be applying to extend your stay as a spouse for another 2.5 years via form FLR (M). It doesn't matter how long you were together before applying. You're confusing something from the old rules which had to do with being married for 4 years.
 

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Hi Joppa - thank you for the handy hints! Can I please just confirm that I am on the right track? My spouse visa was granted on May 23 2013. I entered the UK on August 15 2013 from Australia. Therefore my 30 months is February 15 2016 and minus 28 days is January 18 2016. So does this mean I can apply after that date? I was told before by an Immigration Agent that I had to apply eight weeks before the date my visa expires (which is February 29 2016), so I was looking at sending my application in by mid December 2015. If you could please clarify this - it would be more than greatly appreciated. Many thanks.
 
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