FLR(m) query

Summary of the situation:
Got entry clearance on 6th December 2006, Arrived in UK on 27th Jan 2007. Visa expiring on 6th December 2008 but can't apply for ILR because of late arrival in UK therefore filling FLR(m) for extension of my limited leave.

Now the question is, in Section 4 in the FLR(m) form which is asking for the reason for extension and gives only 2 options, (1 regarding the qualifacation and 2 is about the change in relationship) nothing to say that extension is for not completing 2 year period. Here what do I do?

Many thanks

Surely you will be ticking No to the first question in section 4.1 as you haven't yet completed 2 years - if you had you'd be applying for ILR. And hence you don't have to give a reason.

djb123 wrote:Surely you will be ticking No to the first question in section 4.1 as you haven't yet completed 2 years - if you had you'd be applying for ILR. And hence you don't have to give a reason.

The question is, 4.1 Are you applying for an extension of stay instead of indefinite leave to remain even though you have
completed, or are about to complete, 2 years in the category which you have ticked above?

I am about to complete 2 years though just short of 20 odd days.

eliasuk4u wrote: The question is, 4.1 Are you applying for an extension of stay instead of indefinite leave to remain even though you have
completed, or are about to complete, 2 years in the category which you have ticked above?

I am about to complete 2 years though just short of 20 odd days.

But you are applying for an extension of stay instead of indefinite leave to remain because you are not yet close enough to completing 2 years.

(You are close to completing the 2 years, but not close enough.)

Great stuff! Thank you.

Summary of the situation:
Got entry clearance on 6th December 2006, Arrived in UK on 27th Jan 2007. Visa expiring on 6th December 2008 but can't apply for ILR because of late arrival in UK...

I booked an appointment (For premium service ofcourse) in Home Office to extend my FLR (M) to bridge the gap as well as I wanted to travel to main land Europe for work reason and one of the schengen requirements is that I must have atleast 3months valid UK visa so I thought I will apply FLR to bridge the gap as well as assumed that the resident permit will be valid for atleast 1 year (I am paying £595 ). I can not apply directly to ILR because of my delay in travelling to UK.

my appointment was at 11.50am and I was called in. After the security checks the guy checked my passports and noticed that I am applying for FLR instead of ILR. Upon explaining the gap he said that to save my money I can apply for ILR directly in the begining of december by post and HO will issue me ILR although I have a gap. Here is the confusing bit.. I was told in this forum that I had to apply for FLR to bridge the gap of 4 weeks before I qualify for ILR but the HO is telling me that I can apply for ILR directly before the expiry of my Spouse visa. I am confused.... I don't want to be refused ILR becuase of the gap when I apply. Can any one have sugegstion or comments on it..?

eliasuk4u wrote:

Summary of the situation:
Got entry clearance on 6th December 2006, Arrived in UK on 27th Jan 2007. Visa expiring on 6th December 2008 but can't apply for ILR because of late arrival in UK...

I booked an appointment (For premium service ofcourse) in Home Office to extend my FLR (M) to bridge the gap as well as I wanted to travel to main land Europe for work reason and one of the schengen requirements is that I must have atleast 3months valid UK visa so I thought I will apply FLR to bridge the gap as well as assumed that the resident permit will be valid for atleast 1 year (I am paying £595 ). I can not apply directly to ILR because of my delay in travelling to UK.

my appointment was at 11.50am and I was called in. After the security checks the guy checked my passports and noticed that I am applying for FLR instead of ILR. Upon explaining the gap he said that to save my money I can apply for ILR directly in the begining of december by post and HO will issue me ILR although I have a gap. Here is the confusing bit.. I was told in this forum that I had to apply for FLR to bridge the gap of 4 weeks before I qualify for ILR but the HO is telling me that I can apply for ILR directly before the expiry of my Spouse visa. I am confused.... I don't want to be refused ILR becuase of the gap when I apply. Can any one have sugegstion or comments on it..?

This is from the web page http://www.bia.homeoffice.gov.uk/ukresi ... ormset(m)/ (don't the link is clickable..)

If you delayed your journey to the United Kingdom by weeks or months from the date you received your visa, your visa will run out before the end of your two-year qualifying period and you may need to apply to extend your visa, using application form FLR(M) (see Applying to extend your visa for more information on doing this).

You must 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 with no refund of the fee. However, you must make your application before your current permission to stay in the United Kingdom expires.

Unless he thinks there will be enough of delay (including Christmas/New Year) so that your application won't be processed until January.

Unless he thinks there will be enough of delay (including Christmas/New Year) so that your application won't be processed until January

Thanks for your reply. I already read the bia website. In regards to guy in HO, i think the same as well but the problem is he is not going to lose anything, it will be me who is taking the gamble and get in to trouble if HO refuses my application. Therefore I have decided to apply for FLR (m) even though if I get my permit until 27th Jan 2009. I simply don't want to take chances.

eliasuk4u wrote:

Unless he thinks there will be enough of delay (including Christmas/New Year) so that your application won't be processed until January

Thanks for your reply. I already read the bia website. In regards to guy in HO, i think the same as well but the problem is he is not going to lose anything, it will be me who is taking the gamble and get in to trouble if HO refuses my application. Therefore I have decided to apply for FLR (m) even though if I get my permit until 27th Jan 2009. I simply don't want to take chances.

I don't blame you as it's not worth the risk. Might though be worth a phone call to get a second opinion.

For visa holders only. If you obtained a visa but delayed your journey to the UK by weeks or months after the date from which your visa was valid for use, you may need to apply for an an extension of stay on form FLR(M) to make up the 2 years. If you are in this situation and need more advice, please call 0870 606 7766.

Though you may want to record the call or get it in writing if they also say you can apply directly for ILR.

Just seen on another forum that someone who was granted a spouse visa on the 3rd October 2006 but didn't arrive in the UK until the 14th November 2006 (delay of 6 weeks) has just been granted ILR directly rather than having to apply for FLR first.

Maybe the BIA are being a bit more flexible.

Maybe the BIA are being a bit more flexible

Maybe but its too late as its been almost a week since I applied for extension of further leave to remain to bridge the gap by post (£394 gone already). As I said I am not prepared to take any chances what so ever and want to be on safe side rather than feel sorry later.

eliasuk4u wrote:

Maybe the BIA are being a bit more flexible

Maybe but its too late as its been almost a week since I applied for extension of further leave to remain to bridge the gap by post (£394 gone already). As I said I am not prepared to take any chances what so ever and want to be on safe side rather than feel sorry later.

Actually more than maybe... Since seen this reply from the BIA...

Thank you for your enquiry.
Please note, if your entry was delayed by up to 3 months after the issue of your visa, and your visa expires before you have completed 23 months from the date of entry into the UK, you can submit a SET(M) application by post before your visa expires. The application will be placed on hold until the qualifying period has been completed. Alternatively, you can submit an FLR(M) application and, if you meet the requirements for this application, you will be granted a further period of leave to enable you to complete the probationary period.

If you delayed your travel by more than 3 months, you will need to submit an FLR(M) application. If you meet the requirements for this application, you will be granted a further period of leave to enable you to complete the probationary period.

The application will be placed on hold until the qualifying period has been completed.

News came bit late. May be the guy in Home office said the same thing when I went to PEO in Croydon but unfortunately he did not explain clearly.

I applied based on the information I got from the fourms and obviously Home Office website. Why the hell the home office doesn't bother to update there websites and make it clear? Why is there so many contradicting informations???? At the end of the day its us who is loosing our fees money which I thinks is dispropotionate.

I am very annoyed to the fact that Home office didn't made it clear in there website or in the FLR(M) Guidance notes. Its a scam run by home office to steal immigrants money under a legal frame work.

Thank you for your enquiry.
Please note, if your entry was delayed by up to 3 months after the issue of your visa, and your visa expires before you have completed 23 months from the date of entry into the UK, you can submit a SET(M) application by post before your visa expires. The application will be placed on hold until the qualifying period has been completed.