General UK immigration & work permits; don't post job search or family related topics!
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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator
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bennysherman
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by bennysherman » Tue Feb 23, 2016 9:38 am
Dear Friends,
I desperately need your help on this issue Please.
I am disabled person. Under the 5-years route visa, My wife was granted Spouse visa (entry clearance) 30months + 3months, as non-EEA national. But she spent 4months + 25days. This means she spent more than the 3months preparation to travel period. The reason being she was waiting for our children Entry clearance visa to be granted (as a her dependants). Secondly I travelled to visit my wife during the time they were waiting for their visa to be granted and fell ill and admitted to hospital. Hence they could not leave me there in our home country and travel to UK without me.
Now their initial 2.5years visa is about to expire. If they apply for extension before the expiry date, they would have spent less than the 30months requirement.
I am worried that they will not meet the 5years requirement spent in UK, when it is time to apply for the ILR, in about 2-3years time.
What should I do? please advise.
Many thanks for your support.
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vinny
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by vinny » Tue Feb 23, 2016 10:43 am
Apply for the
FLR(M) extension
by post shorty before their leave expires.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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bennysherman
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by bennysherman » Wed Feb 24, 2016 4:34 pm
Thanks I will apply.
But my question is does it mean that it will eventually their 5years ILR, when it is time to apply the next visa (ie ILR). Because at that time they would not have spent the 5years in UK. They will be about 50days short??
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Amber
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by Amber » Thu Feb 25, 2016 7:53 am
You can technically drag it out until 2 x 28 days + 3 months which is 3 months and 56 days. That is applying on the date of expiry at the extension time and at SET(M). Alternatively, if you apply earlier, you may apply for another extension and vary to SET(M).
**this forum is not intended to be a substitute for professional advice**
Click
here to send me a PM regarding an offensive post.
Do NOT PM me for immigration advice.
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bennysherman
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by bennysherman » Tue Mar 01, 2016 12:27 am
Thanks for your help. But I am a bit lost on your post, a lot of technical words. Please kindly explain in detail.
Are trying to say that I could I apply on the date of the expiry on the form set (M), then hopefully at the time of the time of the decision on the application my wife would have spent some more extra days in UK to make up the 2 and half years. And also apply the same method during the application of the ILR. Hopefully by that Decision date of application for ILR, she would have spent 5years in UK?
Is that what you mean? I am very sorry for another clarifications from you.
I am trying to avoid 2 x extensions vary at Set (M). Because it is very expensive to apply.
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bennysherman
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by bennysherman » Thu Mar 03, 2016 1:13 am
any further help?
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CR001
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by CR001 » Thu Mar 03, 2016 9:36 am
Ignore Set(M) - this is the form for ILR.
You need to be looking at FLR(M).
If you apply by post as, the date of the new visa will be the date that the decision is made. It won't just 'follow on' from the expiry of the last visa.
Postal applications take a couple of months so this will resolve the shortfall issue and there should be no problem meeting the 5 year requirement for ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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bennysherman
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by bennysherman » Mon Mar 14, 2016 6:11 pm
Am So grateful for this support.
God bless you soo much.
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Fari990
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by Fari990 » Sun Mar 05, 2017 8:20 pm
Hi Hope you are all well i have a question in regards to the calculation of time spent outside of the UK.
I arrived to the UK 81 days after visa being issued! (Due to family death) and spent 33 days for holiday = totalling 114 days out of the UK since visa issued. My current visa deadline is 17/12/17 I have been told by various people that at the time of extension it is a requirement that you must have completed at least 30 months in the UK. Which in my case say if i apply for FLR on the 17/12/17 my total time in the UK at the time of application will only be 29 months and 1 week. I would be short of 3 weeks from completing 30 months in the UK. My question is will my FLR (M) application be deemed valid as i have spent less than 30 months in the UK?
Married:24/08/2014
Category A
Submitted online application:13/02/2015
Documents submitted in Mirpur on:26/02/2015
Received BHC Islamabad:27/02/2015
Processed Email:17/03/2015
Call from Gerrys:18/03/2015
Visa collected:19/03/2015
Stamp date:17/03/15
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Casa
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by Casa » Sun Mar 05, 2017 8:25 pm
Fari990 wrote:Hi Hope you are all well i have a question in regards to the calculation of time spent outside of the UK.
I arrived to the UK 81 days after visa being issued! (Due to family death) and spent 33 days for holiday = totalling 114 days out of the UK since visa issued. My current visa deadline is 17/12/17 I have been told by various people that at the time of extension it is a requirement that you must have completed at least 30 months in the UK. Which in my case say if i apply for FLR on the 17/12/17 my total time in the UK at the time of application will only be 29 months and 1 week. I would be short of 3 weeks from completing 30 months in the UK. My question is will my FLR (M) application be deemed valid as i have spent less than 30 months in the UK?
This thread is 12 months old! Please desist from spamming the forum with the same question which you are tagging onto other members' threads.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.