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Emergency trip to India, Spouse visa expires soon

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geeta624262
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Posts: 16
Joined: Tue Nov 16, 2021 12:50 pm
India

Emergency trip to India, Spouse visa expires soon

Post by geeta624262 » Thu Dec 26, 2024 12:26 am

My visa expires by the end of Dec 2024, whereas I have a family emergency to go to India before visa expires.
Can I or my spouse apply for FLR after the visa expires explaining the mitigating circumstances to the Home Office?

Any expert can help me with a clarification.

secret.simon
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Posts: 11369
Joined: Thu Feb 21, 2013 9:29 pm

Re: Emergency trip to India, Spouse visa expires soon

Post by secret.simon » Thu Dec 26, 2024 4:33 pm

You have two choices.

(a) If you make an FLR application within the UK, you can't leave the UK until a decision has been made. Leaving the UK will trigger an automatic withdrawal of the application (by operation of the law, not because a caseworker said so). And to the best of my knowledge, there is no refund.

(b) If you leave the UK and the leave expires, you'll need to make a new family visa application from India. And to the best of my knowledge, that will reset your immigration journey back to zero (i.e. you will need a further five years of residency in the UK on a spousal visa).

You (or somebody on your behalf) obviously can't make an FLR application while you are abroad. As mentioned above, you need to be in the UK to make an FLR application and not leave until it is decided.

Wait for others to comment further.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Casa
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Posts: 25813
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Emergency trip to India, Spouse visa expires soon

Post by Casa » Thu Dec 26, 2024 9:17 pm

Does your visa expire, or your BRP card? All BRPs will expire on the 31st December 2024 when the Home Office transitions to an electronic system.
(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.

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