expired biometric resident card. what next?

[AubreyBullock]

I am not sure what to do now. Google searches are no help. My permit expires in February and can't find any information on renewing it. I'll have been in the UK for 3 years in April 2014... but not sure I want to apply for citizenship.


I'm a spouse of a British Citizen but I plan to go back home with him in the near future. Until then I need to be able to work I the UK of course. Do I have any other options besides citizenship?

[MPH80]

You can't apply for citizenship straight away ... You have to apply for indefinite leave to remain first. You do this using SET(M).

However, this has a 'limit' on it of 2 years. If you spend more than that outside the uk ... You have to apply to have it reinstated.

It you got ilr and citizenship before departing ... There'd be no expiry.

Because you're on the old rules ... You can apply for ilr within 28 days of the expiry of your spouse visa. You can then Apply for citizenship immediately once you've been in the uk 3 years.

Alternatively ... If you don't care about any of this ... You could extend your current leave using FLR(M). However if you then decide to return to the uk after it expires you'll have to reapply under whatever rules are in place at the time.

[AubreyBullock]

Thanks. I already did a flr (m) two years ago and it's going to expire in February. Is this when I am able to apply for citizenship? Honestly, we are worried about the cost jut I've looked it up... naturalisation would cost £900 and an extension on a flr (m) is £600. I'm thinking I may as well apply for citizenship at £900 and be done with it.
So I've been here 2.5 years already ....

Thanks again for the kind reply.

[MPH80]

Thanks. I already did a flr (m) two years ago and it's going to expire in February. Is this when I am able to apply for citizenship? Honestly, we are worried about the cost jut I've looked it up... naturalisation would cost £900 and an extension on a flr (m) is £600. I'm thinking I may as well apply for citizenship at £900 and be done with it.
So I've been here 2.5 years already ....

Thanks again for the kind reply.

I read your posting history. You were here on a fiancée visa, then converted to spouse. Because you were here prior to July 9th 2012, you fall under the old rules.

Under those rules you now have two options:
1) apply for indefinite leave on form SET(M)
2) extend using FLR(M)

You cannot apply for citizenship until you have indefinite leave to remain.

M.

[AubreyBullock]

Also! My FLR (M) expires in February... I won't have been in the UK for 3 years until April. .. what should I do in this case? Was gonna apply for citizenship but I won't have met the time required by until after my permit expires...

Sounds like trouble to me.

[MPH80]

I'm not sure you're reading what I'm writing.

YOU CANNOT APPLY FOR CITIZENSHIP WITHOUT INDEFINITE LEAVE TO REMAIN!

You apply for ILR 28 days prior to the expiry of your current visa. Once you have ILR and you have been in the country for 3 years you can apply for citizenship.

There is no trouble and no difficulty.

Apply on SET(M) for ILR in February or January as appropriate, then apply for Citizenship in April or after when your ILR arrives.

[odat]

if you have limited leave to remain 3 years (discretionary leave)then you need to extended that another 3 years FLR O and you are eligible for ILR after 6 years

[MPH80]

if you have limited leave to remain 3 years (discretionary leave)then you need to extended that another 3 years FLR O and you are eligible for ILR after 6 years

Odat - given the OP specifically said he extended leave on FLR(M) previously - what makes you think they are here on DLR?

[odat]

if you have limited leave to remain 3 years (discretionary leave)then you need to extended that another 3 years FLR O and you are eligible for ILR after 6 years

Odat - given the OP specifically said he extended leave on FLR(M) previously - what makes you think they are here on DLR?

because they said they been in the uk 3 years in April 2014 and the spouse visa before 9 july 2012 its 2 years and after that 2.5 years

that mean if thay have spouse visa before 9 july 2012 (April 2011) they should be granted 2 years spouse visa expired April 2013 but they not there leave expired April 2014 that mean 3 years leave

that what I was think about first post but after I read all the comment we need to know is there leave 2 years or 2.5 years

if they granted 2.5 years they need to extended another 2.5 years and then apply for ILR and after the ILR 1 YEAR they can apply for british citizen

[MPH80]

If you look in the ops history you'll see that they came pre July 2012 on a fiancée visa which grants 6 month leave before converting under the old rules to FLR(M) spouse visa which is 2 years in length.

So we know what rules they are under and it's the old pre-July 2012 rules.

At the end of their two years they convert to ILR using SET(M) and once they've been in the uk for 3 years convert to citizenship.

I know this particular route intimately.