Help needed on Further leave to remain - 5 year route

[zorroaz786]

Hi all...i have few questions regarding uk family immigration where if someone applied under spouse category after july 2012 the 5 year route applies to them that is they first get 2 and a half years then they apply again and get another 2 and a half years after which they can apply for idefinite leave to remain. Do they apply using form FLR-M (further leave to remain - marriage) for their second leave to remain?

What is the earliest they can apply for their second leave to remain...so if their visa expires on 12th sept 2015...how many days before it would be valid to apply?

Can they apply via premium one day service for their second further leave to remain?

How many days in total are they allowed to spend outside the uk?

If they had a child (under 1 year old--born within their first 2 and a half limited leave period) do they apply for the child too as a dependant or do they just mention child's details on the form i.e. they have kids together. (The child was born in uk so is a british citizen by birth)??

Thanks a lot

[CR001]

Do they apply using form FLR-M (further leave to remain - marriage) for their second leave to remain?

Yes, FLR(M) is the correct form.

What is the earliest they can apply for their second leave to remain...so if their visa expires on 12th sept 2015...how many days before it would be valid to apply?

Ideally no sooner than 28 days before the current visa expires. If you apply too early, there will be a shortfall and another extension will be required to cover a couple of months.

Can they apply via premium one day service for their second further leave to remain?

Yes you can. It is a bit more expensive but a decision is usually made on the day.

How many days in total are they allowed to spend outside the uk?

There is no set limit but absences should be for good reason. The form for indefinite leave to remain asks for absences of more than 6 months to be listed. A spouse visa should not be used to only stay in the UK for short periods as a visitor for example.

You don't need to apply for the child as a dependent but should list the child on the form as British.

Also bear in mind that when you apply for the extension, you will be required to pay the new NHS surcharge of £200 per year, payable upfront at point of application for the full duration of the extension (£200 X 2.5).

[zorroaz786]

Thank you sooo much CR001 for such a quick response.

I guess that 180 day rule (where spouse can be outside uk) only applies when you apply for indefinite leave to remain??

[CR001]

The 180 day rule per 12 month cycle is relevant to the work category visas. A spouse visa or also known as a settlement visa, implies residing in the UK with the British or settled spouse. Some people use them as 'visitor visas' and end up living outside the UK more than in the UK and this can create problems.

But yes, if there is absence of 180 days or more, it will need to be declared. Most of the advice would be to keep absences limited.

[zorroaz786]

Ok thanks soo much.