# FLR (M) extension 28 days rule



## ngsh00 (Aug 29, 2015)

Hi everyone ,

I have gone through posts and read the pinned post about this, however I am a bit confused. I thought I would ask because it is better safe than sorry.

I came to the UK on a Student Visa in 2010, got married to my husband in 2015, and applied for 5 year route FLR (M) within the UK at a premium centre. Thanks to the help from this forum, I was granted my 30 months visa on 12.10.2015. My visa expires on 15.04.2018. 30 months and 3 days. I will be applying for my extension visa at a premium centre again, since it runs out on 15.04.2018 I was going to book my appointment for 28 days before this, which is 18th March. 

My question is, when the time comes and I apply for my ILR, can I apply 28 days before again? I don't wanna apply 28 days before this application and then apply 28 days before my ILR and then short fall of the qualifying period. 

I think I am being paranoid, but thank you for reading and answering!


----------



## ngsh00 (Aug 29, 2015)

Anyone has any idea? I would be most grateful!


----------



## nyclon (Apr 3, 2011)

You asked your questions only a couple of hours ago. You really need to be patient as everyone volunteers their time here and at the weekend there is a lot less traffic. 

Please read the sticky at the top of the page.


----------



## ngsh00 (Aug 29, 2015)

I am so sorry, I didn't mean to do that. I have read the sticky note, but got a little confused, thanks for your time anyway.


----------



## clever-octopus (May 17, 2015)

18th March would be fine for your FLR(M) PSC appointment.

When it comes to ILR, you can apply after 14 September 2020 (28 days before you complete your 60-month qualifying period of residence).


----------



## ngsh00 (Aug 29, 2015)

Thank you very much


----------



## BrummieNepalese (Feb 5, 2018)

clever-octopus said:


> 18th March would be fine for your FLR(M) PSC appointment.
> 
> When it comes to ILR, you can apply after 14 September 2020 (28 days before you complete your 60-month qualifying period of residence).


Hi Octopus, I see you have been fielding many questions about ILR timing recently. Without wishing to sound rude at all, may I ask how sure you are about this? I seem to remember Joppa saying at one point that it as possible to bring the 60 month total period down to 58 by applying at each stage 28-days early (as within the application rules). But this would seem to be contradicted if you’re saying that ILR can’t be applied for until 60 months to the day of date of entry, as opposed to calculated on the basis of FLR application period. Perhaps something has changed that I missed? I have tried my best to make my point clear but if I haven’t please let me know and I will revise. Cheers!


----------



## clever-octopus (May 17, 2015)

I haven't heard of that but I certainly defer to Joppa's experience and wisdom


----------



## BrummieNepalese (Feb 5, 2018)

Thanks, Octopus. Would be great to hear from Joppa on this, as I have a fairly vivid memory of this but haven’t seen a post confirming recently.


----------



## BrummieNepalese (Feb 5, 2018)

Just bumping this in case it wasn’t clear to mods/other users that I would like a second opinion on my question to Clever-Octopus above if anyone has any thoughts. Somewhat academic but could make a big difference to other applicants at ILR stage. Many thanks!

BN


----------



## nyclon (Apr 3, 2011)

I am pretty sure you have misinterpreted something. What happens if have extra time on your visa when you apply for your next visa is that it gets added onto the next visa. So you may have 32 months left on your last FLR (M) but you can apply 28 days before your 60 month anniversary of being on a spouse visa/FLR (M) rather than 28 days before expiration. 

I can find nothing to support your claim.

Edit: This is from Joppa's sticky:



> If you renew your visa before the expiry date, the unexpired days of your previous visa 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.


----------



## BrummieNepalese (Feb 5, 2018)

Hi Nycoln,

Went digging a little deeper and found some some evidence to support my “claim” 

[am not allowed to post links but please see post “Accumulating 5 years to ILR” Apr 29 2016 and Joppa’s response to OP]



> Just accept the fact that if you apply up to 4 weeks short of 30 months, you are still deemed to have lived the full 30 months, So you can actually be up to 4 weeks x 2 = 8 weeks short of 60 months of UK residence when you apply for settlement, so only 252 weeks.


252 weeks is 58 months. Now if we can get confirmation this is still valid we can start saving people two months!

All hail BrummieNepalese


----------

