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flr (m) extension 5year route post july 2012

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#neversaynever
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flr (m) extension 5year route post july 2012

Post by #neversaynever » Tue Sep 16, 2014 7:54 pm

Hi everyone,can you guys explain the rules around extension to me please. I got married in July 2012 after the rules change and applied for further leave to remain as the spouse of a British citizen (flr (m) ) same month on a valid student visa no immigration issue whatsoever since I have entered into the UK. I got an approval and visa was granted in March 2013 for 30months 8 month of life. My wife has been in and out of work since to further her degree and won't be able to provide a consecutive and accurate pay slip to account for £18, 600 threshold. To avoid any disappointment I secured a part time job of £6000 per annum to add to my full time £14, 500 per annum job. My £14, 500 package has been running from may2013 nd £6000 package from February. I am now having problems in my other jobs and am seriously depressed to the extent that I can work out at any time. As a result, I want to make my extension in Dec or January. If did, it will be approximately 29/30months since I got married and will be doing so through the same day premium service. My question is can they refuse me on the basis of the fact that I haven't completed 30month on my current visa which expire in September 2015 and since when my visa was granted as there been any changes in any of the rules that may affect my renewal positively or negatively? .Thank you for taking the time to read this quite long story. Advises and Web links will be highly appreciated

#neversaynever
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Post by #neversaynever » Tue Sep 16, 2014 8:00 pm

Please excuse my typos. I meant to say visa was granted for
30months after the longest 8months of my waiting for a decision. My second job started February 2014 its the one am tired of. Thanks

Rayking
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Joined: Tue Dec 03, 2013 2:58 pm

Re: flr (m) extension 5year route post july 2012

Post by Rayking » Tue Sep 16, 2014 8:42 pm

Don't really understand your question but will try as I can, your visa will expire in September 2015?obviously you can't apply until then.
Secondly, you don't need to meet the financial requirement until at least 6 or 12 months as the case may be before your renewal, moreover you and your spouse can combine income to meet 18600.
You might need to reframe your question if this isn't what you're asking.

MPH80
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Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Re: flr (m) extension 5year route post july 2012

Post by MPH80 » Tue Sep 16, 2014 8:54 pm

Rayking - I'm not convinced you do have to wait until the end of the visa to extend it.

I can't see anything in Appendix FM that specifies you have to be within 28 days of the end of your visa (the number typically quoted). It just says you have to be legally in the UK (and not as a visitor etc)

Can you point out where that restriction is?

(To be clear - it's not that I don't believe you - I agree but I went hunting for the actual rule to quote it and couldn't find it! So now I'm wondering!)

M.

Rayking
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Re: flr (m) extension 5year route post july 2012

Post by Rayking » Tue Sep 16, 2014 9:37 pm

MPH80 wrote:Rayking - I'm not convinced you do have to wait until the end of the visa to extend it.

I can't see anything in Appendix FM that specifies you have to be within 28 days of the end of your visa (the number typically quoted). It just says you have to be legally in the UK (and not as a visitor etc)

Can you point out where that restriction is?

(To be clear - it's not that I don't believe you - I agree but I went hunting for the actual rule to quote it and couldn't find it! So now I'm wondering!)

M.
Tbh,I simply answered the question the best way I understood it,he's saying it will be 29/30 months he got married,when he got married isn't the issue but when he was granted the visa,(date issued)
To your question, if 33 months is granted,you can obviously apply 30 months before I think,but I don't think that's the question he's asking about because he stated the visa is granted till sept,2015.
But you will agree it has to be close to when the visa is about to end,you can't apply a year before or 6 months.
Hope senior members can help further, I'm still a baby and don't really know how to quote all these laws like you senior members :D

#neversaynever
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Re: flr (m) extension 5year route post july 2012

Post by #neversaynever » Wed Sep 17, 2014 6:41 am

Hi all, many thanks for your response.
I got married in july 2012
Applied july 2012
Visa granted march 2013
Visa duration march 2013-sept 2015 ( 30 mnths)
I wont rely on wife payslips long story
If I apply in January 2015 I will have 8mnths left
On my current visa but I wiill have been married for 30mnths.
Am on a 5year route post july 2013 rule change.
Meaning the 5year is not given at a go but in bits of 30mnths and after that you come back for the remaining 30mnth and
After that you come back for ILR .
My question is will they refuse me the way I account for
30mnths from the day my marriage certificate was issued rather than the date on visa which is different? I only want to apply quickly as am breaking point of walking out of my current job and I don't see myself working 60hours a week again again as it is killing!

#neversaynever
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Joined: Tue Sep 16, 2014 7:11 pm

Re: flr (m) extension 5year route post july 2012

Post by #neversaynever » Wed Sep 17, 2014 6:48 am

In another word can apply to renew my visa when
I still have 8mnths left on it provided I have been married for 30mnths?

SoHopeful
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Joined: Wed Sep 16, 2009 11:01 pm

Re: flr (m) extension 5year route post july 2012

Post by SoHopeful » Wed Sep 17, 2014 10:38 am

Although there are no restrictions as to when you apply for the extension, if 30 months is the maximum leave they can give you on FLR (m), you would have to apply for a 2nd extension to get the full 5 years as a spouse.

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