# Spouse visa renewal more than 28 days before



## Auntgogo (May 1, 2013)

Hi, Joppa - I entered the UK after my initial visa approval on March 7, 2013. 30 months from that date would be ~Sept. 7, 2015, and 30 days before that would be ~August 7, 2015. My visa expires Oct. 18, 2015. However, we would very much like to go to the States by late Sept./early Oct. for a family wedding. I was thinking of submitting my visa renewal application now - July 24th, in the hopes of getting it back in time to make reasonably-priced travel arrangements. Do you think it's risky to submit it approx. 2 weeks early? I certainly wouldn't want them to reject it on that basis or to do anything that would jeopardize or delay my visa extension after all of that hard work! 

Also, how does the biometric aspect of it work? Do I do that at the post office at the time that I mail my paperwork? And does the post office submit that to them directly/electronically, or do I send it myself?

Thanks so much in advance for your response!


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## nyclon (Apr 3, 2011)

The rules are clear. You can apply no more than 28 days before your 30 month anniversary of arrival in the UK. Can you not apply in person? Or apply by post after you return from your trip.

If you apply by post, sometime after they receive your application you are sent a letter asking you to submit your biometrics at a post office and they submit them to UKVI. If you apply in person you submit biometrics on the day of your appointment.


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## Auntgogo (May 1, 2013)

Thanks for your response. I was hoping to avoid the extra expense of applying in person, and I cannot apply after I return from my trip because my visa would expire while I'm away. 

I tried to research guidelines about when to apply on the gov.uk website, but found only the statement that you must apply before your visa expires. Can you point me to where the 28-day rule is cited? What would they likely do with an application that's a few days early?


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## nyclon (Apr 3, 2011)

You'll be refused.


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## Auntgogo (May 1, 2013)

Oh.  And would I lose both my application fee and my health fee?


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## nyclon (Apr 3, 2011)

The NHS Surcharge is refunded if your visa is refused. The application fee is not.


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## Auntgogo (May 1, 2013)

And can you refer me to where these timing guidelines or rules for when to apply are given? I have searched high and low.


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## nyclon (Apr 3, 2011)

Please read the sticky at the top of the page.


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## Auntgogo (May 1, 2013)

Yes, that is the post I originally read that led to these questions. What I am trying to find is the authoritative source material/document that gives these time frames. Can you point me to that - e.g. a link to a web document on www.gov.uk or similar? I promise I am not trying to be difficult - I have searched extensively but in vain. Thanks for your help.


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## Joppa (Sep 7, 2009)

> A person in the UK with entry clearance or limited leave to remain as a partner granted under Appendix FM on the basis of an application made from 9 July 2012 *should apply for further leave to remain no more than 28 days before their extant leave expires or no more than 28 days before they have completed 30 months in the UK with such leave*. Up to 28 days of extant leave remaining at the date of application will be added to the period of leave granted.


https://www.gov.uk/government/uploa...0a_5_year_partner_and_parent_routes_final.pdf Page 13.

Did you think I invented the rules? That's terribly rude and an attack on my integrity which I take exception to.

If you apply by post, and if you send your application off some time before you are eligible under the 30-month and 28-day rules as above, and provided by the time they process your application you have in fact met the conditions, they may grant your leave. Or they stick to the rules and only give you extension, not renewal (which means you have to apply and pay again for renewal which alone will lead to ILR). But as nyclon said, it's much better to do the same-day premium service centre application on the first date of eligibility.


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## MelodyPond (Jan 4, 2013)

I found one instance where the 28 days are mentioned. It's not FLR(M) but it's SET(M) which is the next step. If you google "28 days before visa expiry" you will also find it mentioned in other websites. It's common knowledge among immigration forums.

"_Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee (if a fee is charged for your application type). However, you must make your application before your current permission to stay in the UK expires_." 
*Source*: https://www.gov.uk/government/uploa...a/file/419611/SET_M__guidance_notes_04-15.pdf

I would not risk it by applying earlier if I were you. And trust me, nyclon knows all about visas, as does Joppa. The've been advising people for many years. You can be sure that what they say is usually how it goes.


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## Auntgogo (May 1, 2013)

Joppa -- I do apologize. It was certainly not my intention to be rude or to question your integrity in any way. Quite the contrary. I was merely frustrated because I could not find any reference to these timeframes after my own extensive search. As someone who worked for many years with complex governmental regulations, I knew there had to be a reference for the people who process these applications, and I merely wanted to see the source material for myself. I asked you because of the very fact that you are knowledgeable on the topic and seemed likely to be able to provide this information. Again, not my intention to offend in any way, and I hope you will accept my apology.


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