FLR or IRL?

Hi,

I'm new to the board and I was hoping to get some advice. I am a US citizen married to a UK citizen since August 2003. We applied for a spouse visa in July 2004. We received the visa on July 28 2004 (valid for 2 years). We immediately began making arrangements to return to the UK, which we did on 7 September 2004.

I have begun to get our documents ready to apply for ILR. Set M says to contact the Home Office if you delayed your return to the UK for "weeks or months". I rang the number and was told that I needed to apply for an FLR, as we delayed our return to the UK for more than 28 days after receiving the spouse visa. I said that the 28 day rule was never mentioned on any form or in any letter we had ever received. The Home Office lady asked if I had received my visa from the UK Embassy in New York or the UK. I said New York and she said that I would have to take the matter up with the UK Embassy in New York, which is pointless as they have no power to grant me an IRL! As we waited a total of 42 days instead of 28 to return to the UK, I was told to apply for an FLR to cover the outstanding 14 days and pay 335 pounds, only to then have to immediately reapply for IRL, again paying another 335 pounds. The Home Office lady was very unhelpful and even a bit curt with me. I feel like the Home Office is just trying to get an extra 335 pounds.

Does anyone have any experience with this? If I apply for an IRL and am rejected becuase we delayed our return to the UK for too long, will I be deported? My husband and I have lived together since 2002, one year in the UK, then a year in the US, and the last 22 months in the UK. We have bank statements, etc to prove this.

I appreciate any help anyone can provide. Thanks in advance!

Becs, what follows is not guaranteed to work, but it has worked for others.

You say that the visa was granted on 28.07.04 and its expiry date is 28.07.06? That day is a Friday. On that date post (don't apply in person at a PEO) the application, ensuring to use the new version of the form SET(M) which must be used for applications on or after 22.06.06.

Deliberately pay by cheque. Do not pay using a card. Post the application, and all the supporting evidence by Special Delivery and in that way by retaining the receipt stamped by the Post Office you have confirmation of the exact date of posting. For visa applications (as distinct from Citizenship applications) it is the date of posting that is the date of application, and it is important that the application is posted no later than the expiry date of the current visa, otherwise you will be classed as an overstayer.

Looking at the new form, you will post the application to Durham. (If your form says post to Cannock then it is the wrong form version.) All they will do in Durham is ensure that payment has been made before sending the papers off to another office. By paying by cheque it will be the case that the application will be held in Durham for a few days while the cheque clears before being sent off, and given that there is a delay in dealing with postal visa applications, it could well be the case that it will be on or after 10.08.06 before the application is looked at "for real", as distinct with just ensuring that payment has been paid. The point is that 10.08.06 is 28 days before the 2nd anniversary of your arrival in the UK.

So no guarantees this will work, and don't expect the visa to be granted speedily ..... after all you are deliberately slowing matters down .... but using this ploy has worked for others.

John,

This is good and interesting advice!

Have you ever considered becoming a full time paid immigration advisor?!? - i am sure you would make a fantastic advisor

Have you ever considered becoming a full time paid immigration advisor?!?

Well thanks! Appreciated.

Any Birmingham-based OISC-registered firms out there looking for staff?

John, Are you an immigration lawyer? I have an appeal pending at AIT for my wife and kid. May be you can help out

Larry, it is kind of you to ask but sorry, no, I am not OISC-registered, so it is legally impossible to do as you ask.