SET(M) Question

My 2 year FLR(M) issued on 06/12/06 expires on 06/12/08, but I arrived in UK 27/01/07 nearly 8 weeks after FLR was issued.

Now the question is can I apply for ILR on 05/12/08 by post obviously and pay by cheque to buy more time, Would it work?

What would happen if it got refused ILR? Apart from losing my fees would I get FLR again for ILR price?

Or would I become simply illegal despite applying on time?

Or shall I simply apply for FLR again???

Advise please.

Many thanks

Now the question is can I apply for ILR on 05/12/08 by post obviously and pay by cheque to buy more time, Would it work?

No, that is too big a gap to bridge. You will need to apply for FLR(M), in the last 28 days of validity of the current visa.

What would happen if it got refused ILR? Apart from losing my fees would I get FLR again for ILR price?

No, if you apply for ILR, say on or slightly before 06.12.08, the application will get refused, and the application fee will be lost. You would not even get FLR for your ILR application fee.

Cheers john. Will apply for FLR again, instead of risking fees as well as visa.

I got one more question, When can I apply for my FLR ?

Many thanks

Any time you like.

Victoria

Elias,

I am a bit confused, FLR(M) is an incountry application which you state was issued on 6th December 2006 yet you also state that you entered the UK on 27th Jan 07. How is this?

Having read the IDI's on spouses, see section 1: http://www.bia.homeoffice.gov.uk/siteco ... schapter8/

I note that paragraph 4.3 implies that a settlement application which is not yet timely should instead be treated as a FLR(M) application so if I were you, I would apply for SET M as you say on 5th Dec 08 and pay by cheque, with the Christmas period, you may have luck on your side and get ILR if they work on it any time after 27th Dec 08 and worst case would be they give you FLR to 27th Jan 09 going by the above IDI.

Good luck whateever you decide to do.

Smit, sorry for the confusion, I was issued with entry clearance not FLR(M) on 6th dec 2006 but I arrived in uk in 27th Jan 07, 8 weeks after it was issued so clearly I am not eligible to apply for ILR as I do not complete my 2 year period required for ILR as foreigh spouse. I thought as a member suggested here that I apply for ILR on the 5th dec 08 (a day before my expiry of my 2 year entry clearance) and pay by cheque which may eventually delay the process and on top we got Christmas, new year as well which may add up on top to delayt the ILR application but i am worried that what if my application is refused? and it goes back to my first post above....

thanks for the link in which it clearly states:-

4.3. Delayed travel on Entry Clearances conferring leave to enter
A person who arrives with an entry clearance which has effect as leave to enter as a
foreign spouse, but who has delayed their travel to the UK for some time after the "valid
from" date, will be unable to complete the probationary period prior to the expiry of their
conditions. Where an application for settlement is made, but the applicant does not
qualify due to a delay in travel, an extension of stay should be granted to enable the
probationary period to be completed. This should be calculated from the date of first
arrival in the United Kingdom, when the entry clearance was activated by the
Immigration Officer.

Does it means even if I apply for ILR and not qualify for it, would I be issued with extension? or would it be simply reufsed.
Many thanks

The fact that it was an EC application makes sense.

My understanding of paragraph 4.3 is that if you apply for ILR and they decide it is too early, they will issue you with an extension to take you to complete the probationary period i.e. the extension would be until 27th January 2009, two years after you first entered the UK.

NB that the word is "should" as in an obligation to do something, not "may" which would give the caseworker discretion.

Since your qualifying date is 27th January 2009 and you are allowed to apply for ILR 28 days before this date, your ILR application should ideally be decided in the New Year i.e. Jan 2009. Obviously, it would help you immensely if you posted your application on 5th December 2008 (keep proof of posting) and pay by cheque (ensure funds are there in your bank account so that the cheque does not bounce).

If your ILR application was worked on in December 2008 rather than January 2009, then there still the possibility that you could get ILR if you got a nice caseworker who had the spirit of Christmas or if your luck was bad, they would give you the extension. I do not think they would reject your application outright as per the all important Par 4.3.

You should try and get clarification on Par 4.3 from the Home Office between now and December to make sure it is absolutely the case that they would give you an extension if not ILR. Obviously the rules could change in the meantime and you will need to pass the Life in the UK test to qualify for ILR.

Cheers

Smit thank for making it clear that the extension should be granted. I will cross check this with HO nearer to the time. Any other member can also throw some opinion about this.
I passed my Life in the UK test some time ago as it doesn't have any expiry dates on it. So all ready to go and I am in the process of collecting the supporting documents necessary.

Does it means even if I apply for ILR and not qualify for it, would I be issued with extension? or would it be simply reufsed.

There was a change of policy earlier this month. Now it would simply be refused.

So what about this immigration directorate instructions last updated on 17th Dec 2007 para 4.3 as mentioned above?
What does new policy says? Any evidence?
Many thanks

John,

I am also interested in knowing about this apparent change of policy that you cite, please could you post any links giving details about it?

Elias,

I am not sure whether you have read these posts already but they are helpful:
http://www.immigrationboards.com/viewto ... cb57c96562

You will see about the poster you had about 7 weeks gap (roughly the same as yours) who apparently successfully got ILR on the advice of a big city law firm. Anyway, you have plenty of time left between now and December to keep investigating this and to look out for any changes in policy/law.

Smit, Thanks for the link. I think it depends on each application whether or not to issue ILR or FLR. Its still confusing. I just want to make absolutely clear that my application won't be rejected because of weeks gap. I will make further enquiry/research on this subject as you already mentioned I have plenty of time to decide which one to apply for.
It would be nice if any other member come up with an advice on this subject with supporting evidences on policy/law changes.

Many thanks

Smit, I think I was referring to a statement previously made. However the new version of the SET(M) guidance notes now says :-

Transitional arrangement
If you apply for indefinite leave to remain before you have been able to obtain the relevant qualification, but you satisfy all other requirements for the category in which you are applying, under a transitional arrangement in the immigration rules, your application will be considered under the rules for an extension of stay.

This arrangement, which was previously advertised as ending on 31 January 2008, continues but is expected to end in the near future.

An announcement will appear on our website when an end date for the transitional arrangement is decided.

Once the arrangement has ended, an application for indefinite leave to remain without the relevant qualification will be refused. The fee is not refunded when an application is refused.

John, but its refers to the qualifaction (I think there are refering to Life in the UK test here) But my situation is slightly different. I have relevant qualification and not fullfiling the 2 year period, so does it apply to this situation?? How does it over ride para 4.3 of imigration directorate?
Any comments??

When is the earliest date I can apply for FLR(M) to complete the Gap to full fill 2 years qualifying period for ILR? Does it have to be 28days before the expiry of my 2year spouse visa? I can't find any refernce to this..Any one else ???? Thanks.

Yes, in the last 28 days of validity of the current visa. I think that is clear from the application form, or the accompanying guidance notes.

Cheers John.

eliasuk4u wrote:When is the earliest date I can apply for FLR(M) to complete the Gap to full fill 2 years qualifying period for ILR? Does it have to be 28days before the expiry of my 2year spouse visa? I can't find any refernce to this..Any one else ???? Thanks.

You can actually apply for FLR(M) at any time before the end of your expiry date
and i recommend you don’t wait to the last 28 days especially if you will apply by post
“do it nowâ€

John wrote:Yes, in the last 28 days of validity of the current visa. I think that is clear from the application form, or the accompanying guidance notes.

Just noticed under the FLR(M) guidance No.5.
5. WHEN TO APPLY
You and anyone included in the application must apply
before the end of your/their permitted stay in the UK.

It doesn't mention 28 days rule John. Sorry bit confused with contradicting response from thesaint.

When the application is made, what are you hoping to achieve? Just time on the visa to bridge the gap? Or a new 2-year visa?

My understanding is that if you want a new 2-year visa you need to apply near the end of the current visa.

When the application is made, what are you hoping to achieve? Just time on the visa to bridge the gap? Or a new 2-year visa?

As I said earlier I have a huge gap of approx. 8weeks to qualify for the ILR, to fullfill this I am planning to apply for an extension (FLR(M)) to bridge that gap (I assume HO will issue me another 2 years extension regardless being eligible to apply ILR in Jan 2009. Now, the reason for me asking the question of 28 days rule is because I probably have to go to Japan for work reason in november 2008 (my entry clearance for uk expiring on 6th Dec 2008) and obviously Japanes consulate want atleast 3months valid UK visa for them to issue there visa therefore I am wondering whether to apply earlier than 28days. Hope it make sense now.

I assume HO will issue me another 2 years extension regardless being eligible to apply ILR in Jan 2009.

Well that is the problem, I do not think that assumption is correct, but other views very welcome.

John wrote:

I assume HO will issue me another 2 years extension regardless being eligible to apply ILR in Jan 2009.

Well that is the problem, I do not think that assumption is correct, but other views very welcome.

So, Is that mean that HO will issue a visa extension just to cover the period of 8 weeks? Thats a con for the price I will be paying . And again have to pay a huge price for ILR?