Getting my head around renewals and ILR dates
Jan 30th 2020, 7:06 am
#1
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Thread Starter
Joined: Sep 2017
Posts: 70
Getting my head around renewals and ILR dates
Hi, work is trying to put a claw back period in place around our FLR application so trying to understand exactly what will happen then and later.
Our spouses visa were approved 23/12/2017 and we arrived in the UK a fortnight later. It is currently due for renewal at the end of September and I understand that we can only apply for this to be renewed 28 days prior so will be doing that in early September.
My questions are:
1) I assume that the processes are still going quite well and that if we apply in September we won't get a visa stamped with a renewal date in November or anything like that?
2) If we apply for FLR in September what will be the length of validity on our next BRP (considering that our 5 years of continuous service will be up in January 2023 - after only 2 years and 4 months).
3) What is the earliest and latest we could apply for ILR?
As always, thanks for your help.
Our spouses visa were approved 23/12/2017 and we arrived in the UK a fortnight later. It is currently due for renewal at the end of September and I understand that we can only apply for this to be renewed 28 days prior so will be doing that in early September.
My questions are:
1) I assume that the processes are still going quite well and that if we apply in September we won't get a visa stamped with a renewal date in November or anything like that?
2) If we apply for FLR in September what will be the length of validity on our next BRP (considering that our 5 years of continuous service will be up in January 2023 - after only 2 years and 4 months).
3) What is the earliest and latest we could apply for ILR?
As always, thanks for your help.
Feb 6th 2020, 12:04 am
#2
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
Re: Getting my head around renewals and ILR dates
1) Your new BRPs will have an issue date whenever a decision is made on your applications. This may be after your current BRPs expire. This is not an issue.
2) 30 months.
3) 28 days prior to the issue date of your 30 day entry vignette.
2) 30 months.
3) 28 days prior to the issue date of your 30 day entry vignette.
Apr 12th 2020, 9:40 pm
#3
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Posts: 23
Re: Getting my head around renewals and ILR dates
Correct me if I'm wrong but I'm almost certain you can apply for Further Leave to Remain 30 days before you have been in the UK for 30 months/two and a half years, not 30 days before the visa actually expires. The visa is valid for 33 months to give people time to get into the UK and live here for 30 months, although you do have to enter within 3 months of it being issued.
If you arrived in the UK around 7/1/18 then your visa would expire on 7/7/20, so you could apply for FLR from the 9th June (28 days before you had been resident for 2 1/2 years)
If you arrived in the UK around 7/1/18 then your visa would expire on 7/7/20, so you could apply for FLR from the 9th June (28 days before you had been resident for 2 1/2 years)
Apr 12th 2020, 10:21 pm
#4
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Posts: 9,652
Re: Getting my head around renewals and ILR dates
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 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.
Apr 12th 2020, 11:40 pm
#5
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
Re: Getting my head around renewals and ILR dates
My 3) answer is incomplete. The earliest you can apply for ILR would be 28 days prior to the fifth anniversary of the issue date of the 30 day entry vignette. The latest date would be the expiry date of the FLR BRP.
Apr 13th 2020, 12:38 am
#6
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
Re: Getting my head around renewals and ILR dates
Correct me if I'm wrong but I'm almost certain you can apply for Further Leave to Remain 30 days before you have been in the UK for 30 months/two and a half years, not 30 days before the visa actually expires. The visa is valid for 33 months to give people time to get into the UK and live here for 30 months, although you do have to enter within 3 months of it being issued.
If you arrived in the UK around 7/1/18 then your visa would expire on 7/7/20, so you could apply for FLR from the 9th June (28 days before you had been resident for 2 1/2 years)
If you arrived in the UK around 7/1/18 then your visa would expire on 7/7/20, so you could apply for FLR from the 9th June (28 days before you had been resident for 2 1/2 years)
Apr 14th 2020, 11:32 pm
#7
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Posts: 23
Re: Getting my head around renewals and ILR dates
You can apply for FLR at any time. The trick is ensuring you don’t fall short on the five years’ residence required for ILR. As such I would always recommend applying for FLR no more than 28 days before the expiry of your initial spouse BRP. This gives you the biggest buffer possible when it comes to applying for ILR.
Also, if you apply for FLR earlier than the actual end date of your visa (but still after having been in the UK for two and a half years) your visa still gets extended from the end date of the initial visa, not from when you applied for FLR, so you will have a couple of months leeway at the end of the 5 years too.
Apr 15th 2020, 1:12 am
#8
Joined: Feb 2012
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Posts: 18,192
Re: Getting my head around renewals and ILR dates
That's true, you can, although there would be no point doing it earlier than 28 days prior to having been in the UK, for obvious reasons.
Also, if you apply for FLR earlier than the actual end date of your visa (but still after having been in the UK for two and a half years) your visa still gets extended from the end date of the initial visa, not from when you applied for FLR, so you will have a couple of months leeway at the end of the 5 years too.
Also, if you apply for FLR earlier than the actual end date of your visa (but still after having been in the UK for two and a half years) your visa still gets extended from the end date of the initial visa, not from when you applied for FLR, so you will have a couple of months leeway at the end of the 5 years too.
Apr 15th 2020, 4:37 pm
#9
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Posts: 23
Re: Getting my head around renewals and ILR dates
Brit, what'm saying is that (unless it's changed) it makes no difference when you apply for FLR so long as it's at most 28 days before you have been in the UK for 2 1/2 years, because the 30 month extension starts from when your visa finishes, not from when you apply.
E.g. in my case my wife's visa expired in January 2018, but she had been in the UK for 2 1/2 years in November 2017 so I applied in October 2017, but the extension started from the end of the visa in January, even though it was actually processed in November, so you get that leeway either way.
In fact, the potentially dangerous thing about leaving applying for FLR until 28 days before your initial visa expires is that you then have no leeway you encounter any problems, e.g document problems, bank statement inaccuracies, payslip inaccuracies etc.
E.g. in my case my wife's visa expired in January 2018, but she had been in the UK for 2 1/2 years in November 2017 so I applied in October 2017, but the extension started from the end of the visa in January, even though it was actually processed in November, so you get that leeway either way.
In fact, the potentially dangerous thing about leaving applying for FLR until 28 days before your initial visa expires is that you then have no leeway you encounter any problems, e.g document problems, bank statement inaccuracies, payslip inaccuracies etc.
May 8th 2020, 11:29 am
#10
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
Re: Getting my head around renewals and ILR dates
Brit, what'm saying is that (unless it's changed) it makes no difference when you apply for FLR so long as it's at most 28 days before you have been in the UK for 2 1/2 years, because the 30 month extension starts from when your visa finishes, not from when you apply.
E.g. in my case my wife's visa expired in January 2018, but she had been in the UK for 2 1/2 years in November 2017 so I applied in October 2017, but the extension started from the end of the visa in January, even though it was actually processed in November, so you get that leeway either way.
In fact, the potentially dangerous thing about leaving applying for FLR until 28 days before your initial visa expires is that you then have no leeway you encounter any problems, e.g document problems, bank statement inaccuracies, payslip inaccuracies etc.
E.g. in my case my wife's visa expired in January 2018, but she had been in the UK for 2 1/2 years in November 2017 so I applied in October 2017, but the extension started from the end of the visa in January, even though it was actually processed in November, so you get that leeway either way.
In fact, the potentially dangerous thing about leaving applying for FLR until 28 days before your initial visa expires is that you then have no leeway you encounter any problems, e.g document problems, bank statement inaccuracies, payslip inaccuracies etc.
