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FLR - Online Appication ( First Extension)

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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secret_qa
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FLR - Online Appication ( First Extension)

Post by secret_qa » Sun Feb 09, 2020 7:03 am

My spouse entered the UK for first time on a spouse in August, 2017 and got her Biometric resident permit that is valid until April, 2020. We did not realise that she will have to take A2 test and this delayed our application. Now when we’ve received the results of it we are ready to submit the application

But, just wondering are we too late to apply by end of February which still gives us at least 45 days before the BRP expires?

Also, can you please help us with the following:
- Indicative timelines that it will take to get the application processed
- We’ve filled the online application and will aim to pay the fee in about a week but to which address will we need to send the documents
- Can we not upload the scanned copies of these documents
- How will the documents get returned if we must send them via post

** If we are already late to submit the application, shall we contact home office or put reasons of the delays in a cover letter?

Many thanks,

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seagul
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Re: FLR - Online Appication ( First Extension)

Post by seagul » Sun Feb 09, 2020 8:11 am

You don't need to send anything in post rather have to book the appointment with ukvcas (UKVI's partner) to enrol your biometrics and to electronically send your documents to UKVI. Also you can apply until the last day of your leave and can book the biometrics appointment even after the expiry of visa because the date of application is when you pay and submit the application. See more at ukvcas website:

https://www.ukvcas.co.uk/help-support/o ... ppointment
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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secret_qa
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Re: FLR - Online Appication ( First Extension)

Post by secret_qa » Sun Feb 09, 2020 4:41 pm

Thanks very much for your reply, Seagul,

Just for further clarification, I assume this means that once we submit online application and pay the fee, we will be promoted to book for biometrics and electronically send documents via ukvcas?

That is good to know as I had assumed that we will post the documents and then receive them back.

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Re: FLR - Online Appication ( First Extension)

Post by geoeng » Mon Feb 10, 2020 8:16 am

secret_qa wrote:
Sun Feb 09, 2020 4:41 pm
Just for further clarification, I assume this means that once we submit online application and pay the fee, we will be promoted to book for biometrics and electronically send documents via ukvcas?
Yes you will.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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Re: FLR - Online Appication ( First Extension)

Post by secret_qa » Mon Feb 10, 2020 9:06 am

Thanks very much, geoeng and seagul

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secret_qa
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Re: FLR - Online Appication ( First Extension)

Post by secret_qa » Tue Feb 11, 2020 11:06 pm

Hi All,

Another question please just before I submit the application - I actually stopped submitting it now until I get some feedback from you all.

I understand that you can't give me an exact answer but I hope you can help me make a better choice.

In the FLR online application, there is following question

Is your partner financially responsible for supporting anyone you have not already given details for?


I answered it No but then as you can see from my other threads that I used to support my elderly parent who is now being looked after by their spouse and do not need to rely on me financially. But this has just recently changed and I am not even sure if this will continue for any longer.

If I apply for my parents visit visa then I do not want this point to back fire on me!

I feel it is best to reply NO as I am giving point in time information and can't predict for the future. And even if I apply for a visit visa for them it makes sense to have said No to this.

any thoughts, please?

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Re: FLR - Online Appication ( First Extension)

Post by seagul » Wed Feb 12, 2020 5:15 am

secret_qa wrote:
Tue Feb 11, 2020 11:06 pm

In the FLR online application, there is following question

Is your partner financially responsible for supporting anyone you have not already given details for?
Not sure where i read but i think on one of the guidance relating to paper application form in past that this question is for those especially who through the order of courts are supporting their family members such as in the matters of child custody etc.
secret_qa wrote:
Tue Feb 11, 2020 11:06 pm

I feel it is best to reply NO as I am giving point in time information and can't predict for the future. And even if I apply for a visit visa for them it makes sense to have said No to this.

any thoughts, please?
If you will say yes then the rate of their visit visa refusal will obvisously be increased but also they can be refused if have no savings/property etc to prove their social ties with their country.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: FLR - Online Appication ( First Extension)

Post by secret_qa » Wed Feb 12, 2020 7:18 am

Thanks very much for your quick and detailed response, seagul,

considering answering a yes can impact future visa applications which are already very unlikely to be approved anyway and also if an application is made they will demonstrate their strong financial and social ties to their country of origin, it seems a better option to opt for a No

Also, if there was an application to be ever made for an elderly dependent visa it would then be based on the circumstances at that time. Especially when they refused it earlier with all the strong evidences there seems to be no point to take that route anyway.

I will keep the answer to NO

kind regards

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Re: FLR - Online Appication ( First Extension)

Post by secret_qa » Sat Feb 15, 2020 5:48 pm

One more question on the Financial requirements, Please

The Financial Requirement threshold which has been calculated

I assume that if children are UK born & British citizens then the minimal threshold applies. And following only applies when the children and non-British citizens

An additional £3,800 per year is required for the first child sponsored by your partner and an additional £2,400 for each additional child.

For reference, we are not claiming any benefits

We just don't want to choose the wrong option and so will much appreciate your help on this...

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Re: FLR - Online Appication ( First Extension)

Post by secret_qa » Sun Feb 16, 2020 4:28 am

Looking at a few more threads like immigration-for-family-members/spouse-v ... 16596.html

I now understand that the financial requirements do not apply on non-applying British Children....

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Re: FLR - Online Appication ( First Extension)

Post by AmazonianX » Sun Feb 16, 2020 4:45 am

secret_qa wrote:
Sun Feb 16, 2020 4:28 am
Looking at a few more threads like immigration-for-family-members/spouse-v ... 16596.html

I now understand that the financial requirements do not apply on non-applying British Children....
Yes

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Re: FLR - Online Appication ( First Extension)

Post by secret_qa » Mon Feb 17, 2020 9:22 am

Your help to better understand the 60 months route and 28 days thing is required, please.

I've read several threads but not able to fully understand this all so I thought to use an existing thread for further clarification. I hope this is in line with the policies of this forum.

For reference, I am putting a link to that post

immigration-for-family-members/flrm-spo ... l#p1880069

The intention is that as it is relevant as you've also answered on the similar questions, you may like to respond to that too.

Many thanks

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Re: FLR - Online Appication ( First Extension)

Post by geoeng » Mon Feb 17, 2020 10:23 am

I will try to clarify some of the main points in arriving at when to apply for an extension:
- You can extend or switch at any time before your current permission to stay in the UK expires.
- If you’re extending to stay with the same family member, you’ll only get up to 28 days left on your current stay added to your new visa.
- If you’ve got a family visa as a partner or spouse on the 5-year route, you must have been living in the UK for 5 years to be eligible for indefinite leave to remain.
- Entry clearance as a partner is typically granted for a period of 33 months.
- Further leave to remain is typically granted for a period of 30 months.

So, in order to achieve the 60 months residence requirement for ILR without having to apply for a second extension, one would need to submit an application for an extension no earlier than 28 days before reaching 30 months residence in the UK (assuming one would have more than 28 days of remaining leave that would be added to the length the extension were valid for otherwise this would need to be taken into account) and no later than the expiry of the initial spouse visa.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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Re: FLR - Online Appication ( First Extension)

Post by secret_qa » Mon Feb 17, 2020 11:43 am

Thank you, geoeng,

I’ve tried to be very specific in the earlier post but would now re-iterate my point here

On the point of EC, Yes, it is granted for 33 months but what if the person has entered the country already 2 months late then does it not make more sense that they apply it when they’ve completed the 30 months instead of 28 days before reaching the 30 months residence?
Lets assume the following scenario with made up/indicative dates

Date of Entry in the UK: 01-Sep-2017
Completion of 30 months: 01-March-2020
Date of Visa Expiry: 01-June-2020

Instead of them applying on 01-Feb-2020 does it not make more sense that they apply on 01-May-2020 as then they would have already spend more than 30 months and in the extension they will get another 30 months enabling then a smooth ILR application?

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Re: FLR - Online Appication ( First Extension)

Post by geoeng » Mon Feb 17, 2020 12:07 pm

secret_qa wrote:
Mon Feb 17, 2020 11:43 am
Instead of them applying on 01-Feb-2020 does it not make more sense that they apply on 01-May-2020 as then they would have already spend more than 30 months and in the extension they will get another 30 months enabling then a smooth ILR application?
I would suggest it makes no difference with the caveat that February 2020 has 29 days so they would have to apply no earlier than 02-Feb-2020. They will get an extension of 30 months anyway, plus an additional 28 days (or however many days there are remaining on the previous visa to a maximum of 28). The only way issues arise is if one entered the UK with less than 30 months remaining on the initial visa (or didn't accurately consider the remaining leave that would be added to an extension). This of course doesn't take into account the processing time for the application.

In your hypothetical example, I believe 02-Feb-2020, 01-May-2020 and 01-June-2020 would be equally valid dates to apply to enable a smooth ILR application.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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Re: FLR - Online Appication ( First Extension)

Post by secret_qa » Mon Feb 17, 2020 12:35 pm

Thanks very much geoeng once again,
I think you’ve summed it all up very nicely in your following statement
The only way issues arise is if one entered the UK with less than 30 months remaining on the initial visa (or didn't accurately consider the remaining leave that would be added to an extension).


That however leads me to ask another question, please 😊

If someone entered in the country almost straight away of the visa grant but then they stayed out (left back) for a couple of months initially. - Let's from 15-Sep-2017 to 15-Dec-2017

However, towards the end of their 30 months period they were mostly in the UK then can this be another point to apply just before 28 days of the valid expiry? The reason I am thinking about this is that they calculate the number of days spent outside in the UK over the last 5 years. ? Just a thought….

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Re: FLR - Online Appication ( First Extension)

Post by CR001 » Mon Feb 17, 2020 12:36 pm

There is NO absence limit for spouse visa holders!!!
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Re: FLR - Online Appication ( First Extension)

Post by secret_qa » Mon Feb 17, 2020 1:09 pm

CR001 wrote:
Mon Feb 17, 2020 12:36 pm
There is NO absence limit for spouse visa holders!!!
Interesting! Thanks for letting me know about this!

so,as long as they can prove cohabitation, visa validity/extensions, finances and etc, it does not matter even if they travel abroad for even 6 months in an year.

thanks again!

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Re: FLR - Online Appication ( First Extension)

Post by geoeng » Mon Feb 17, 2020 1:15 pm

secret_qa wrote:
Mon Feb 17, 2020 1:09 pm
so,as long as they can prove cohabitation, visa validity/extensions, finances and etc, it does not matter even if they travel abroad for even 6 months in an year.
With consideration to the following requirement for FLR(M) and ILR:
"E-LTRP.1.10. The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so."
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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Re: FLR - Online Appication ( First Extension)

Post by secret_qa » Mon Feb 17, 2020 1:33 pm

[/quote]

With consideration to the following requirement for FLR(M) and ILR:
"E-LTRP.1.10. The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so."
[/quote]

thank you, geoeng

I get this point but since there is no days limit to be within the UK for spouse visa ILR, it is then up to the applicant to prove that there were good reasons and there is an intention to live together permanently.

My worry was that after my spouse entering the UK for the first time, I left the work and we decided to travel around in my country of origin for about 6 months before finally coming back to UK. But since then we've almost not travelled out

So, I take it that it would not be an issue and we can apply right after the completion of 30 months of entering in the UK ...


Thanks very much! :)

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