You're at a decision point. Not just about whether to extend, but about timing, cost, and whether you're aiming for the right outcome.

Extension isn't automatic. The financial requirement still applies. The English language moved from A1 to A2. And if you're approaching five years total, you might be applying for the wrong thing entirely.

The 28 Day Window and Why It Matters

You can apply for an extension (FLR(M)) up to 28 days before your visa expires. Applying earlier creates a problem.

Your spouse visa was initially granted for 30 months (if applied in the UK) or 33 months (if from abroad). The extension is another 30 months. That's how you reach five years for ILR.

Apply at 35 days before expiry instead of 28? You shorten the time counted towards your five-year qualifying period. If your extension then expires before you have completed the full five years, you will need to apply for a third extension to bridge that gap. That's another £1,321 plus £2,587.50 health surcharge wasted.

Apply in the final 28 days.

Extension vs ILR: Which One You're Actually Eligible For

If you've been in the UK on the spouse route for close to five years, check your exact entry date. Time spent on a fiancé visa doesn't count toward the five-year ILR qualifying period. Time on other visas before switching to a spouse also doesn't count.

Calculate from your first entry on the spouse visa route. If you've completed 60 months (five years), you apply for ILR, not extension. The ILR application is £3,029, requires passing the Life in the UK test, and needs B1 English (higher than the A2 required for extension). Applying for an extension when you should be applying for ILR wastes money and delays settlement.

What Changed Since Your Last Application

The financial requirement is still £18,600 if your first spouse visa application was before 11 April 2024. You're grandfathered into that lower threshold for all future extensions and ILR.

If your first application was on or after 11 April 2024, the threshold is £29,000 and stays at £29,000 for extension.

The English language moved from A1 to A2 for extension applications. You cannot reuse your A1 test certificate. You need a new test at the A2 level from an approved provider, or proof of a degree taught in English.

The Cohabitation Evidence Gap

You lived together throughout the 2.5-year period. The Home Office wants proof spread across that time.

Six joint bills from last month don't work. Neither does one council tax bill from 2.5 years ago. 

They want evidence distributed throughout showing continuous shared residence. Build your evidence timeline before applying. Three items from year one, three from year two, three from the extension year. 

Mix different types of evidence: council tax, utilities, GP letters, joint bank statements, tenancy agreements.

What Happens If You Apply Late

One day over your expiry date and you're an overstayer. The Home Office rejects late applications unless you have exceptional circumstances (serious medical emergency, natural disaster level severity).

Overstaying can affect future applications, trigger a 10-year re-entry ban, and require you to leave the UK and apply from abroad.

Rights While Your Application Is Pending

If you applied before your visa expired, your existing conditions continue until a decision is made. You can keep working under the same restrictions. You remain lawfully in the UK. This is called Section 3C leave. It protects your status during processing times, which currently run around 8 to 24 weeks for standard applications.

Processing Times and Priority Options

Standard processing: up to 24 weeks. Priority service is currently unavailable for FLR(M). Super priority (next working day) costs £1,000 extra and is available on a limited basis.

Plan for standard processing and submit your application within that 28-day window before your visa expires.

Where People Actually Fail

Wrong financial evidence format. Using the A1 English test instead of the A2. Applying on day 30 before expiry instead of day 28. Not proving the relationship continued throughout 2.5 years.

The application assumes nothing. You're proving the relationship still exists, you still meet financial requirements, you have adequate accommodation, and you meet the new English requirement.

What is the Best Course of Action?

If you still have time and are fully confident in your application, apply before 28 days of visa expiry. But more importantly, you can't take risks since the clock is ticking. Refusal could mean leaving the UK. This is why it is better to get professional guidance.

A Y & J Solicitors can assess whether you should extend or apply for ILR, confirm your financial threshold, verify your cohabitation evidence covers the full period, and check your timing is correct. The wrong choice costs £4,908.50 in wasted fees or creates overstaying issues. Connect with A Y & J Solicitors before your window closes.