FLRM, or ILR, Thank you for yout help

[Emma_66]

I married a British in 2004, then came to UK on a student visa in May 2006, to live with him, also to do a higher degree Had a chance to get 4 year studentship). We did think of applying for spouse visa in 2006, but didn't due to his unemployment at that point.

My student visa will be expired in Oct, and I need to go back home (China) this September for 5-6 months. We have 3 children here (British citizenship) and I, of course, need to come back to uk for family reasons. Should I apply for FLRM now in order to come back later (say Feb 2011)? or a visitor's visa to come back in due course? or ILR?

Thank you very much for your advice,

[John]

I think your choices are :-

• Apply in the UK for a 2-year spouse visa. Given that you definitely need your passport back by September, when you go back to China for a few months, you might be best advised to apply in person at a PEO, even though it costs more, or
• Apply for your spouse visa in China, thereby permitting your return to the UK.

A great shame you didn't go for the spouse visa years ago. After all you might have ILR by now, if you had done that.

[Emma_66]

Thank you very much for your advice.

Is it spouse visa different from FLRM? Since I am now in the UK, it seems more convenient for me to apply for FLRM. If so, does it have a time limit for one to stay out of UK. Spouse visa is a choice from China, but surely it will be more complicated to get those document required.

Many thanks again.

[John]

It is probably less hassle to apply in the UK, rather than in China. But the documentation to be supplied is not that different.

The FLR(M) application would lead to a spouse visa, effectively the same sort of visa you would apply for in China.

If you get your spouse visa in the UK, time allowed out of the UK? No specific limit but it needs to be clear the person is resident in the UK, rather than using their spouse visa like a glorified visitor visa. 5-6 months out of the UK will not cause a problem getting ILR in due course, unless there is more substantial time outside the UK.