How early can I apply for the extension of my visa

[manjeera]

Hi all,

I have a question please regarding applying for extension of my visa please.
My husband holds an ILR since 2011 and we got married 2012 august. I had then applied for the settlement spouse visa in august 2012 in India,which was rejected for some reasons.
I re-applied Nov 28th 2012 in India with all the documents I missed previously and I was granted a visa 28th Feb 2013 for the next 30 months i.e. my visa expires
Nov 28th 2015.
I am currently living with my husband and working in the UK. I am aware that I need to apply for extension of my visa before Nov 28th 2015.
But I am pregnant now and my due date is oct 27th which is dangerously close to my expiry date and I wanted to apply on 15th of Sept 2015 (using FLR(M))so that I can get this done before the baby arrives. When I called Home office in June some time and explained my situation the lady over the phone said that under special conditions I can apply 2 months earlier. But when I called Home office today they are saying that the info given previously is wrong and I can only apply 28 days before my visa expires.
I have already booked an appointment on the 15th of Sept 2015 to apply for my extension, do I need to change it now?
Also if I cannot apply 28 days of expiry it will bring me back to my previous dilemma as to how I can manage that since I do not think that I can go into labor and
then go for an appointment in the next few days since I dunno what my condition will be.
Can anyone throw any light on this? Was anyone in a similar situation before.
Note: I am planning to use the premium service one day service to apply for my visa.
Please help!

[CR001]

If you apply too early (Sept), you will end up having to apply for a 3rd extension on FLR(M) to cover 1-2 months that you will be short for the 5 years residence requirement.

Ideally you should apply within 28 days of your visa expiring, you could even apply on 28th November if necessary. You don't have to apply in person, you can apply by post if that would be easier.

[manjeera]

Hi all,

I have a question regarding the category I can apply the visa in.
My husband has permanant residency in the UK from 21/10/2011 which he got through 5 year work permit route. Not a Tier 1/Tier2 or Tier 5 visa.
we got maried in India on 06/08/2012 and I applied for settlement spouse visa on 28/11/2012 in India and she was granted the visa on
28/02/2013.I came to UK on 08/03/2013.My Visa expires 28/11/2015 and I was planning to apply for an extension using FLR(M) soon.
When I was going through the home office site I came across the section ' Who can apply to settle in the UK' and I noticed that as the partner of a
settled person who has settled on a work visa (type 'any other work visa' and not Tier1/Tier2 or Tier 5 visa) should be able to apply to settle in the UK after
living 2 years in the UK using the form SET(O).
I am confused, since my husband has got his ILR through the work permit route, does it qualify me to apply after 2 years instead of waiting for 5 years.
Id rather apply for the ILR if I qualify instead of applying twice. Does anyone have any knowledge of this rule?
Can anyone help please?
Thanks in advance

[secret.simon]

Can you post a link to the specific link in the Home Office website?

[geriatrix]

But you are on a "spouse visa", not "WP dependant" visa! So for the purpose of settlement (ILR), you are subject to immigration rules governing "spouse of a settled person / British citizen".

[manjeera]

https://www.gov.uk/settle-in-the-uk/y

This is the link to site.
the options I have chosen are
1st- you're the family member or partner of someone who has settled in the UK
2nd- on work visa
3rd- any other work visa

Hope this helps

[manjeera]

I understand that if I apply early I might need to apply for a 3rd extension.
I still want to understand if I can apply early. I do not want it to do it by post and want to finish the procedure in 1 day.

[CR001]

You can apply early if you wish.

A 3rd extension in 2.5 years, plus the health surcharge, will be a big extra cost and no telling at this stage by how much visa fees and surcharge will be increased by then.

As you have an appointment next week, I am assuming that have you paid the £500 health surcharge already for this extension.

[manjeera]

@CR001

I understand what you are saying but I think it will be fine since the first time I applied I was given visa for 33 months and when I apply for an extension now I will be given visa for another 30 months. So they are giving me a buffer of 3 months in case I didn't come to the UK immediately etc. so I think I will be covered in that 3 months buffer time even if I apply early.
The home office guys say that I cannot apply before 28 days when I call them.

[i.need.help]

@CR001

I understand what you are saying but I think it will be fine since the first time I applied I was given visa for 33 months and when I apply for an extension now I will be given visa for another 30 months. So they are giving me a buffer of 3 months in case I didn't come to the UK immediately etc. so I think I will be covered in that 3 months buffer time even if I apply early.
The home office guys say that I cannot apply before 28 days when I call them.

You will not get an extra 3 months this time round.

The options are very clear, apply within 28 days by post or in person.

If you have money to give away, then apply early and delay getting your ILR.

[manjeera]

You can apply early if you wish.

A 3rd extension in 2.5 years, plus the health surcharge, will be a big extra cost and no telling at this stage by how much visa fees and surcharge will be increased by then.

As you have an appointment next week, I am assuming that have you paid the £500 health surcharge already for this extension.

I see that you have locked my topic that I posted under the thread Indefinite leave to remain. The question maybe the same but I had posted it in this thread by mistake and decided to re-post it under the right thread.
Now that you have locked it I don't see it helping me or anyone else and would like my posts to be deleted.
I realised that I cannot do this on my own but need a moderator to do it. I see you are a moderator so can you please do this and if possible delete my account too.

[geriatrix]

Please read this.