ILR after FLR FR and FLR M, and Avoiding Unnecessary Expenses

[Aries2024]

Hello,

I am facing an urgent immigration dilemma and I am reaching out to you in the hopes of receiving your much-needed assistance.

Let me provide you with some background information: I arrived in the UK in October 2014 to join my British partner under a tier 4 student visa, as I was pursuing my master's degree. However, before my tier 4 visa could expire in January 2016, we received the joyful news of expecting a child. Unfortunately, at that time, my husband's earnings did not meet the financial threshold required for a visa extension.

To navigate this situation, we sought the help of a lawyer who guided us in filing for the Article 8 right to family and private life. Consequently, in April 2016, I was granted a 30-month visa. In the spirit of our growing family, we also decided to tie the knot in February 2016.

As time went on, in 2019, we met the financial requirement for the five-year spouse route, but our lawyer advised us to remain on the ten-year route. Following this advice, we applied for another 30-month leave to remain under the ten-year partner route.

Fast forward to the present, I renewed my visa in 2021 without legal representation. However, upon reviewing the application I submitted in 2021, I have just realized that I might have mistakenly completed the FLR M form instead of the FLR FP form. The letter I received from the Home Office confirming my visa stated that my application under the Partner (FLR M) route was successful. It's important to note that my ten-year continuous stay in the UK will be reached in October 2024.

Now, I find myself in a dilemma with regards to the next application I should make. I am uncertain whether the initial time spent on the family life and partner visa qualifies me for Indefinite Leave to Remain (ILR) under the five-year partner route. Alternatively, should I proceed with applying for another FLR M in April 2024 and then apply for ILR in October 2024? My aim is to avoid unnecessary expenses, such as paying the NHS surcharge and visa fees twice within such a short period.

I am truly desperate for your expert advice on the best course of action given my unique circumstances. Your guidance will be immensely appreciated.

Thank you for your time and consideration.

Warm regards, Aries

[CR001]

I am uncertain whether the initial time spent on the family life and partner visa qualifies me for Indefinite Leave to Remain (ILR) under the five-year partner route.

It doea not. For 5 years, you need 5 years on flr m. Impirtant to note that the immigration rules for flr fp and flr m are different.

Alternatively, should I proceed with applying for another FLR M in April 2024 and then apply for ILR in October 2024?

All you can do yes.

My aim is to avoid unnecessary expenses, such as paying the NHS surcharge and visa fees twice within such a short period.

No way to avoid it unfortunately. Of course you dont have to apply for ilr in october, that is your choice

[Aries2024]

No way to avoid it unfortunately. Of course you dont have to apply for ilr in october, that is your choice
[/quote]


Thanks for your prompt reply. Really helpful.

If I go ahead and pay for the IHS fees in April and then apply for ILR in Sept/Oct, will I be able to get a refund for the unspent 2 years?

Many thanks.

[CR001]

No, ihs is not refunded if you apply for ilr.

https://www.gov.uk/healthcare-immigrati ... on/refunds

You will not get a refund if:

your visa application is successful but you do not come to the UK
you leave the UK before your visa ends, for example to make a new application
you’re told to leave the UK before your visa expires
you’re applying for indefinite leave to remain