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Please Help..Do I need FLR? When to apply?

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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umeyad
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Joined: Tue Jun 29, 2010 7:36 pm

Please Help..Do I need FLR? When to apply?

Post by umeyad » Tue Jun 29, 2010 7:44 pm

Hi there,

First let me thank you as this forum has been great help for me and my husband in applying for my spouse visa which was accepted in 2 days.

Here is my situation now, I applied for my spouse Visa in July 2008, Received my passport on the 22nd july with a Visa stamp from 15th August 2008, I came to the UK on September 6th.

Now I know I need to apply no more than 28 days prior to my Visa expiry date. How should I calculate this? From the day I arrived or from the day the Visa started. And since there is around 20 days gap between the start of the Visa and the day I entered the UK, do I need FLR?

Please help

Thank you

djb123
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Posts: 464
Joined: Mon Feb 18, 2008 9:33 pm

Post by djb123 » Tue Jun 29, 2010 8:18 pm

It's not actually 28 days before your visa expires, it's 28 days before the day you would have been in the UK 2 years. So in your case you can apply for ILR any time from the 9th August until the date your visa expires.

Greenie
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Joined: Thu Aug 21, 2008 8:45 pm

Post by Greenie » Tue Jun 29, 2010 10:15 pm

when does the visa expire?

Greenie
Respected Guru
Posts: 7352
Joined: Thu Aug 21, 2008 8:45 pm

Post by Greenie » Tue Jun 29, 2010 10:30 pm

The qualifying date is the date you entered the UK. The embassy should have issued you with a visa for 27 months to give you time to come to the UK and complete the 2 years before the expiry of the visa.

It depends on when your visa expires compared to when you entered the UK as to whether you have enough time on the visa to apply for ILR or whether you will have to apply for FLR

This info below is from the UKBA website.



"Please do not send us your application more than 28 days before the end of your two-year qualifying period. If you do, we may refuse your application and we will not refund the fee. However, you must apply before your current permission to remain in the UK ends.

If you delayed your journey to the UK by weeks or months after the date you received your permission to enter, that permission will expire before the end of your two-year qualifying period. You may need to apply to extend your visa using application form FLR(M) before you can apply for settlement."

djb123
Member of Standing
Posts: 464
Joined: Mon Feb 18, 2008 9:33 pm

Post by djb123 » Wed Jun 30, 2010 4:40 am

Greenie wrote:The embassy should have issued you with a visa for 27 months to give you time to come to the UK and complete the 2 years before the expiry of the visa.
This may not be true in this case as they published the change in the rules to give 27 months rather than 24 months on the 29th July 2008.

umeyad
Newly Registered
Posts: 7
Joined: Tue Jun 29, 2010 7:36 pm

Post by umeyad » Wed Jun 30, 2010 1:44 pm

OK I get it now, Thank you for the clarification :)

on my Visa it says valid until 15/08/2010

I would complete 2 years in Sep 6th, so guess I will have to apply between 9th - 15th Aug :)


Can you please confirm what exactly I should provide? what documents and any advic would be highly appreciatd

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