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FLR(M) Second Application - advice on when to apply due to switched routes

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FLR(M) Second Application - advice on when to apply due to switched routes

Post by BobaF » Sun Nov 17, 2019 1:09 pm

Hi all,
I'm looking for some advice regarding 2nd FLR (M) application.

My wife (Canadian) and I (British) were living in Germany from 2011-2017. We moved to the UK in April 2017 via Family Permit (Surinder Singh route) and in June 2017 my wife applied for her UKRC.

Due to various reasons we decided to change route and in November 2017 she applied for FLR(M) which she received successfully and received her FLR(M) residence permit, which runs out 20th May 2020.

I'm a bit confused as to when she can apply for her second FLR(M) 2.5 years.

As she officially entered the UK in April 2017 (albeit via the EU route), is she able to apply now as she's been in the UK for 2.5 years already or does she need to wait until May 2020 to apply as that is when her FLR(M) permit expires (at which time she will have been in the UK for a total of 37 months)?

As far as I can tell reading through some posts here she should be able to apply anytime between now (as she has already been in the UK 30 months with both SS and FLR(M)) and May 2020 (when her BRP expires) but would just like to confirm.

Many thanks for any advice on this!

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Re: FLR(M) Second Application - advice on when to apply due to switched routes

Post by CR001 » Sun Nov 17, 2019 1:14 pm

She cannot combine different routes to make up time on the FLR(M) visa route. EEA route under the EU regulations and the FLR(M) route under the UK immigration rules are separate and different and not interchangeable.

She should apply for her FLR(M) extension no sooner than within 28 days before she reaches 30 months residence from the date her FLR(M) was granted in 2017

It is not about how long a person has resided in the UK and has everything to do with the visa category held.
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Re: FLR(M) Second Application - advice on when to apply due to switched routes

Post by BobaF » Sun Nov 17, 2019 1:23 pm

Thank you CR001. That clears up the confusion for me, great clarification!

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Re: FLR(M) Second Application - advice on when to apply due to switched routes

Post by CR001 » Sun Nov 17, 2019 1:40 pm

You're welcome. Feel free to ask any further questions you might have.
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Re: FLR(M) Second Application - advice on when to apply due to switched routes

Post by BobaF » Sat Jan 04, 2020 4:54 pm

Hi all, another question on the topic above if anyone could advise, and hopefully I am not making it too confusing!

My wife's 30 month BRP runs out 20/05/2020 (that is the date of expiry of her BRP which is 30 months since she received it on 20/11/2017).

If we apply for her FLR extension on, for instance 04/05/2020 and apply via priority service, we should receive a reply either on 04/05/2020 or 05/05/2020.

Assuming the response is positive and she receives her extension, does the new BRP add on the 15 days up to 20/05/2020 so that she gets the full 30 months?

I think I know the answer (that yes the new BRP would be for 30 months plus the 15 days up to 20/05/2020, as the Family Visa website does state "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") but would just like to confirm.

Thank you!

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Re: FLR(M) Second Application - advice on when to apply due to switched routes

Post by seagul » Sat Jan 04, 2020 5:04 pm

BobaF wrote:
Sat Jan 04, 2020 4:54 pm

If we apply for her FLR extension on, for instance 04/05/2020 and apply via priority service, we should receive a reply either on 04/05/2020 or 05/05/2020.
Priority service doesn't necessarily give instant decision if the case is complex.
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(M) Second Application - advice on when to apply due to switched routes

Post by BobaF » Sat Jan 04, 2020 5:14 pm

seagul wrote:
Sat Jan 04, 2020 5:04 pm
BobaF wrote:
Sat Jan 04, 2020 4:54 pm

If we apply for her FLR extension on, for instance 04/05/2020 and apply via priority service, we should receive a reply either on 04/05/2020 or 05/05/2020.
Priority service doesn't necessarily give instant decision if the case is complex.
Thanks Seagul but assuming the case is not complex (her first priority application was approved the same day and nothing has changed in our circumstances), would you be able to answer the question?

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Re: FLR(M) Second Application - advice on when to apply due to switched routes

Post by seagul » Sat Jan 04, 2020 5:21 pm

BobaF wrote:
Sat Jan 04, 2020 5:14 pm
seagul wrote:
Sat Jan 04, 2020 5:04 pm
BobaF wrote:
Sat Jan 04, 2020 4:54 pm

If we apply for her FLR extension on, for instance 04/05/2020 and apply via priority service, we should receive a reply either on 04/05/2020 or 05/05/2020.
Priority service doesn't necessarily give instant decision if the case is complex.
Thanks Seagul but assuming the case is not complex (her first priority application was approved the same day and nothing has changed in our circumstances), would you be able to answer the question?
Your understanding backed by official guidance in previous post is correct. Also be known that extension can be applied even until the last of expiry whereas biometrics can be booked after visa expiry if someone wishes the standard service. All time during the process will be counted same as you holding the visa.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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