trevor.langeveldt

Hi there,

I am here in the UK on a spousal visa (unmarried partner - 5 year settlement route). My current BRP expires on 5 Aug 2023, exactly 8 days after the 2.5 year mark (we were delayed coming into the country due to Covid).I have some questions around timelines and IELTS please.

• How early should I apply for the extension? Most websites say 28 days but the uk.gov says anytime. Which is correct and why?
• If it is 28 days and it takes 8 weeks for them to process and make a decision, what happens in the meanwhile, when my current BRP expires and im left without any valid BRP until the decision is made and I’m issued a new one? (Remember, I delayed entering the country due to Covid so my expiry date is exactly 8 days after my 2.5 year mark, so I don’t have the additional 3 month period that everyone else has)
• Di I have to retake the IELTS test? I passed the B1 test when I entered and the uk.gov site says I can reuse my IELTS test provided it has not been retracted. Only issue I have is, how do I find out if it has been retracted? They say IELTS tests are only valid for 2 years? Is this correct? If it is so then technically speaking everyone will have to review their IELTS test when they renew?

any clarify around the above would be much appreciated thanks!

SanDiegogirl

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).

While the visa is being processed you can remain in the UK, as long as you applied before your current visa runs out.

Sorry, don't know about your IELTS test

BritInParis

- You can apply anytime but apply too soon and you won’t accrue the necessary 60 months residence to be eligible for ILR meaning an expensive second FLR(M) application. Applying within 28 days of the expiry date of the current BRP is typically advised to maximise the eligibility window for ILR in case of unforeseen circumstances. Given you arrived late however I would recommend applying in the week before your current BRP expires. Be mindful however that you will not be able to leave the UK until you receive your new visa.

- Providing your FLR(M) application is submitted prior to your current BRP expiring then you benefit from Section 3C leave meaning your existing leave is extended until a decision is made on your application.

- Your IELTS test result is valid for two years prior to your initial application. You can reuse the same test result for subsequent applications providing the test has not been withdrawn in the interim. The current approved list can be found here: https://www.gov.uk/guidance/prove-yo...uage-test-selt