FLR (M) Online application 2020- 28 days

[Hbuk]

Hi,

I wonder if anyone can help with this as the new rules are a bit confusing. I was not able to find FLR (M) guidance that is up to date so any help with my query will be appreciated.

I am due to extend my family permit which expires on 24th April 2020. It was granted on 24th October 2017. (30 months). Since the whole process shifted online, I submitted my application on March 7th so I can have access to scheduling my appointment and I was making sure the appointment is after the 28 days mark. I am now worried that they will take into account the date of application which is the 7th of March. This means I will be short of at least a month to complete the 60 months before I qualify for my settlement and could mean I need another extension! My questions are:

- If I schedule my bio metric appointment closer to the date of expiry, or afterwards, will the BRP date of issue be valid after that appointment or starting the date of application?
- Since the whole process shifted online, can I leave the UK for a business trip after submitting my application online? My BRP is still valid until April 24th, 2020.

Thanks

[geoeng]

- If I schedule my bio metric appointment closer to the date of expiry, or afterwards, will the BRP date of issue be valid after that appointment or starting the date of application?

The BRP will be valid for a period of 30 months (plus any remaining leave from the previous visa to a maximum of 28 days) from the date of issue (date the application is decided), which will be after the date of the appointment. If you applied using standard service, it typically takes about 8 weeks to process the application.

The date of application will be the date the online for is submitted for FLR(M) rather than the date of the appointment.

- Since the whole process shifted online, can I leave the UK for a business trip after submitting my application online? My BRP is still valid until April 24th, 2020.

If you leave the Common Travel Area while the application is being decided, the application will be considered withdrawn.

[seagul]

. This means I will be short of at least a month to complete the 60 months before I qualify for my settlement and could mean I need another extension!

Same 28 days of rules also applies for SET M application as well where you can apply ILR 28 days before completing 60 months.

[Hbuk]

Thanks a lot of these clarifications. I think Home office should issue an up to date guidance about the process now that the applications are made online. It makes sense that the remaining days will be added so people can complete the 60 months without having to extend another time if within the 28 days. I received legal advice which made me worry about this.

So just to be clear for the sake of the other applicants: if the appointment is scheduled within the 28 days the decision will be made afterwards (standard 8 weeks) or in my case (superiority 1 working day) and the BRP will be issued for 30 months + any outstanding days in the old BRP to make sure 60 months is complete before ILR. Correct?

[seagul]

Hardly anyone recently has got their extension with extra added days from previous leave although its written in ukvi guidance. I think it's expected from the applicant to make sure not to apply too early. Besides this a minor shortfall can easily be fixed by applying on the last day of expiry and then book the biometrics appointment on or around the day when the relevant qualifying period will be completed because the applicant must have completed his/her qualifying period at least on the day of decision.

[Hbuk]

This is really confusing and daunting to say the least. There is no logic in this set up and makes it hard to plan ahead work commitments! So does this mean I have to wait until my BRP expires to schedule/ attend the appointment to make sure it is issued after the 24th April 2020 ? Just to inform everyone that appointment dates are scarce and I had to submit the application early to access the calendar well in advance, it is fully booked up until the last date displayed, which is 13th April.

[seagul]

! So does this mean I have to wait until my BRP expires to schedule/ attend the appointment to make sure it is issued after the 24th April 2020 ?

No. There is nothing confusion rather you have to play safe. Your new leave will start from the date of decision which could be after 24th April 2020 possibly if you use the standard service.

Just to inform everyone that appointment dates are scarce and I had to submit the application early to access the calendar well in advance, it is fully booked up until the last date displayed, which is 13th April.

Many members got earlier appointment by simply selecting the centres a bit far or with extra cost.

[Hbuk]

I am using the super priority. I booked my appointment for the 14th, which means they could make a decision on the 15th. Playing safe and rely on the standard service means I miss on my work commitments. I need to travel the first week of May and I cannot rely on the standard service.

From the answers I am getting , it looks like I have to just bite the bullet and push my appointment to the expiry date and that means having no time to arrange my travel and only do so after I receive my BRP. Frustrating to say the least.

[Korekt]

Are you referring to 14th March?

It should still be ok if granted by 15th March, for example, AND the caseworker adds 28 days in line with GEN.1.13. Remind the caseworker to.

If done, it should take you to well within the 28 days to apply for ILR.

GEN.1.13. For the purposes of paragraphs D-LTRP.1.1., D-LTRP.1.2., DILRP.1.2., D-LTRPT.1.1., D-LTRPT.1.2. and D-ILRPT.1.2. (excluding a grant of limited leave to remain as a fiancé(e) or proposed civil partner), where at the date of application the applicant has extant leave as a partner or parent (as applicable) granted under this Appendix, the remaining period of that extant leave up to a maximum of 28 days will be added to the period of limited leave to remain granted under that paragraph (which may therefore exceed 30 months).

[Hbuk]

I meant I have an appointment on the 14th of April and booked super priority so I am assuming if successful the card will be issued on the 15th. Thanks for the reply and someone else in this thread said they don't consider that note anymore! Any confirmed info in this ? I am about to cancel my appointment to move it to a later date to make sure I am not falling in a trap of missing days. Just because there is no clear GUIDANCE on this issue :/ Any help will be appreciated.

[geoeng]

Just because there is no clear GUIDANCE on this issue :/

The guidance is the section of the immigration rules that Korekt quoted, which is the same as what is stated on the gov.uk website for family visas (https://www.gov.uk/uk-family-visa). While there may be cases where remaining leave was mistakenly not added in accordance with the immigration rules, the Home Office can be held to account for failure to follow the rules, if necessary, and should correct any mistakes they are made aware of. I had remaining leave added to the validity period of my extension when I applied a few months without mentioning anything.

Whether you choose to reschedule your biometric appointment for closer to the expiration date is entire up to you and how comfortable you feel with the process. While it may be the safer option to wait, the rules are fairly clear that this is not necessarily required and any remaining leave up to the expiration of the existing visa should be added to the validity period of the extension according to the immigration rules.

[Korekt]

Yes. And 14th April is even more favourable.

Even if only 30 months is granted on that date, it will still take you past the time of 28 days to completing 60 months on the visa, hence applying for ILR, which should be around the last week of September 2022 from the dates you've supplied.

Your choice.

In addition, the immigration rules trumps any guidance, even guidance from HO.

[Hbuk]

Thanks a lot for your reply. The layer told me I close 60 months on 24 October 2022. My current BRP was issued on 24 October 2017. The tip of holding Home Office to account is very useful if they are obliged by law to add the remaining to the new BRP