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FLR (O) or FLR (M)

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philwafc
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FLR (O) or FLR (M)

Post by philwafc » Sun Jun 14, 2015 11:53 am

Hi

My wife came to the UK in 2009 on a spouse visa ( I'm British) when that was about to expire she was going to apply for ILR but failed her Life In The UK test a couple of times so was unable to apply for that, and with time running out on her original visa she didn't have time to book herself on a English language exam ( over the Christmas period) so she couldn't apply for FLR, so she got Leave To Remain by applying for Discretionary Leave To Remain using the form FLR (O) if my memory serves me correctly. It's now coming up to renew her Leave To Remain for a second time so I have a couple of questions.

Should she apply for DLR again this time as that is what she did before, or can/should she apply for FLR this time around? (I'm not sure of the difference myself)

If she applies for FLR would she definitely have to take an English exam even though this is her second time around for renewing (if so which one)

Also would she have to pay the new NHS surcharge? I'm just asking as it's just short of 6 years she has been here and again her second renewal. I'm 99% sure she would have to pay it though. And I would be correct in thinking it would be £500.

Any advice would be appreciated.

Amber
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Re: FLR (O) or FLR (M)

Post by Amber » Sun Jun 14, 2015 12:10 pm

If she can satisfy KoLL (LIUK and B1 English) she may apply for SET(M). If not, she should extend on FLR(O). SET(O) after 6 years DLR would not require KoLL.

Adequate maintenance and accommodation required for SET(M).
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Obie
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Re: FLR (O) or FLR (M)

Post by Obie » Sun Jun 14, 2015 3:46 pm

Amber wrote:If she can satisfy KoLL (LIUK and B1 English) she may apply for SET(M)..
I think this will only be possible if she sought an extension as a partner within the rule, where she was granted a further 2 years under 284.

If she applied for and was granted DLR, it seems to me, that she will be unable to apply under 287 for ILR, as she has departed from her path to settlement.

SO many rules in place these days, but if my memory serves me right, I believe that is the policy.

If she had not applied for any thing and passed Life in the UK and apply for Settlement, then that is a possibility.
Smooth seas do not make skilful sailors

philwafc
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Re: FLR (O) or FLR (M)

Post by philwafc » Sun Jun 14, 2015 3:59 pm

Yes. I don't think she can yet apply for ILR until after her second DLR extension.
If I'm reading the rules correctly for FLR I think it would be touch and go whether we would meet the financial requirements anyway.

In section 3 of the FLR (O) form where you have to put the reason for applying would she tick the section marked "other" then fill in the space for the reasons why? As I can't see what other section would apply to her. Also we would be unsure as what to put down. Maybe - we don't meet the financial requirements, and she hasn't passed the English exam ( she could if needed to though) or just write that this is an extension of her previous DLR application?

Many thanks.

Amber
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Re: FLR (O) or FLR (M)

Post by Amber » Sun Jun 14, 2015 4:36 pm

No, even if one departed to DLR, you should still be able to apply for SET(M) as the requirements have been met, extant leave is not required for those who applied and completed 2 years under the rules in place before 09 July 2012. I advised a member to do the same previously who again was on DLR and switched to SET(M) successfully, this remains good unless the rules have changed. See http://www.immigrationboards.com/genera ... 20or%20ILR
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Obie
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Re: FLR (O) or FLR (M)

Post by Obie » Sun Jun 14, 2015 5:21 pm

A280B appears to preclude the O P'S wife from qualifying.

Your advice then may well have been correct then. But last Autumn A280B came into effect and therefore what you envisage OP can do , may not be possible now.
Smooth seas do not make skilful sailors

Amber
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Re: FLR (O) or FLR (M)

Post by Amber » Sun Jun 14, 2015 5:32 pm

Yes, Obie, it appears that will fetter an application for SET(M). FLR(O) appears most suitable for the OP then. Extending DLR and waiting until 6 years have been completed.

For DLR, the financial and English requirements are not required.
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philwafc
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Re: FLR (O) or FLR (M)

Post by philwafc » Sun Jun 14, 2015 5:55 pm

That was a good link to read through thanks, thought we had cracked it and could apply for ILR but coming back to the thread it now seems we can't just yet. Did google A280B and had a read through but couldn't make head nor tail of it on first reading if I'm honest. Will try again later, can I just ask though what does "extant" mean?

Will apply for DLR again then with form FLR (O)

Many thanks

Obie
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Re: FLR (O) or FLR (M)

Post by Obie » Sun Jun 14, 2015 8:04 pm

[b] A280B of the Immigration Rules[/b] wrote:A280B. An applicant aged 18 or over may not rely on paragraph A280 where, since their last
grant of limited leave to enter or remain under Part 8, they have been granted or refused leave
under Appendix FM, Appendix Armed Forces or paragraph 276BE to CE of these rules, or been
granted limited leave to enter or remain in a category outside their original route to settlement
.
Smooth seas do not make skilful sailors

philwafc
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Posts: 100
Joined: Tue Jun 02, 2009 1:30 pm

FLR (DL) application form

Post by philwafc » Tue Jul 21, 2015 1:58 pm

Hi

My wife is filling in her DL application. In section 4-dependent who are also applying- the part where it asks for her partners details does she need to fill my details in (her husband). I'm British born and live here so I'm guessing no,but I can't see anywhere else on the form where she would put my details (unless they are not needed)

Many thanks

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