FLR(O) OR FLR (M) for dependent of ILR applicant

masud0174 · Post by **masud0174** » Thu Oct 24, 2013 6:12 pm

Dear Sir,
I have applied for ILR in the middle of October 2013. My spouse came in uk 6 years before and had number of extension as a student dependent and PSW dependent.
Her visa will be expired 10th November 2013.
Now I am very much confused which form I should use for her extension. I met a solicitor, he said we should use FLR (O) now then when my application will be granted then switch it to FLR (M). THEN ILR. He also advised that Rules has been changed last year so she must use FLR(O) now.

Other adviser said, We have to use FLR (M) now and do not need to use FLR (O). We need to send a covering letter with FLR(M) then UKBA will be hold this application until decision has been made in my ILR application.

Now, please advise me........

Post by **Amber** » Thu Oct 24, 2013 6:26 pm

I assume you applied under long residence?

The application should be FLR(M) asking for a decision to be made after yours (including your ref number). Assuming she was grated PBS dep leave prior to July 2012, then she may be able to settle on SET(M) as soon as FLR(M) is granted by virtue of immigration rule 287(a)(i)(d), but look out for changes, see, ILR - PBS DEP - FLR(M) ROUTE UPDATE.

Post by **Obie** » Thu Oct 24, 2013 6:30 pm

You all could have applied together. She has been living with you as spouse prior to the 9th July 2013, therefore she only need to have resided with you for 2 years.

At the time of your application, you have both lived in the UK as man and wife for over years. I believe she therefore meets the requirement under 319E-.

Not sure those lawyers are correct.

Post by **Amber** » Thu Oct 24, 2013 6:53 pm

I think the OP was a Long Residence applicant as opposed to a PBS applicant Obie.

Post by **Obie** » Thu Oct 24, 2013 7:22 pm

I concur. 287D is in play. She has to apply for FLR (M) and after that SET (M).

Thought OP was applying for Settlement under PBS.

I accept he has not said so explicitly, but one can reasonably deduce this implicitly from his post.

Post by **vinny** » Thu Oct 24, 2013 7:59 pm

See also a refusal.

It's illogical to say that FLR(O) was the correct form for a Long residence's spouse, when the only outstanding requirement was the Long residence applicant's ILR.

*** Updated advice to use FLR(FP) by Obie. ***

masud0174 · Post by **masud0174** » Fri Oct 25, 2013 8:58 am

Guys thanks to all for quick response.

I have sent my long residence application by using the solicitor. But I am not happy with his service because he hold my application for almost 2 month without any reason (Fees fully paid). I asked him many times to send my application but he was too busy . Now I have lost the confidence on him though he is one of the reputable solicitor in Bangladeshi Community.

Now might be I will not received the Ref no for my application yet from him. So I will send my wife's application in my own. Instead of ref no what details should I use.

Do you have any link for covering letter format for home office for FLR (M) application ?

Many Thanks

Post by **Amber** » Fri Oct 25, 2013 9:31 am

If you do not have the acknowledgement ref number, then just include your details on the cover letter so they can easily match the applications. There appears to be a lot of bad advice lately from 'solicitors'.

masud0174 · Post by **masud0174** » Fri Oct 25, 2013 9:35 am

Thanks to Guru

Post by **vinny** » Sat Dec 14, 2013 6:21 pm

masud0174 wrote:Dear Sir,
I have applied for FLR (M) application for my wife. Application has been returned to us today as an Invalid.
Reason for Invalid: Section 4 has not been completed.

I have got two children as they have borned in uk and My ILr application is pending thats why i have not applied for my children. I have not provided any information in section 4 about my children.

Ukba asked me to make a fresh application and also said they will refund the fees. But my wife's limited leave has been already expired in 10/11/2013.

Please advise me about fresh application and about section 4. Also if my wife's fresh application is successful, does it count as a overstay ? If it is refuesed, they said appeal right will be affected.

Many Thanks

Post by **vinny** » Sat Dec 14, 2013 6:22 pm

FLR(M) wrote:DEPENDENT CHILDREN WHO ARE APPLYING WITH YOU

In this section include any children under the age of 18 who are living with you in the UK and who are applying as your dependants. It is mandatory to complete this section as required.

It seems to me that this section is only mandatory for children who are applying with your wife.

masud0174 · Post by **masud0174** » Sat Dec 14, 2013 7:35 pm

Dear Sir,
I have applied for FLR (M) application for my wife. Application has been returned to us today as an Invalid.

Reason for Invalid: Section 4 has not been completed.

I have got two children as they have borned in uk and My ILr application is pending thats why i have not applied for my children. I have not provided any information in section 4 about my children.

Ukba asked me to make a fresh application and also said they will refund the fees. But my wife's limited leave has been already expired in 10/11/2013.

Please advise me about fresh application and about section 4. Also if my wife's fresh application is successful, does it count as a overstay ? If it is refuesed, they said appeal right will be affected.

Many Thanks

masud0174 · Post by **masud0174** » Sat Dec 14, 2013 7:44 pm

Vinney Thanks.

I have not applied for my children . I have only applied for my wife. As children borned in uK, if my Ilr application is successful, i will directly apply for british registration for my children. So is it mandatory to add my children details in Section 4 of FLR(M) application ?

Post by **vinny** » Sun Dec 15, 2013 2:51 am

I'm not sure. I think that it's a badly worded section. At first sight, this section appears to be applicable for children who are applying with your wife.

However, they may have expected you to include your children somewhere, as the children affect the FLR(M)'s maintenance and accommodation requirements.

masud0174 · Post by **masud0174** » Sun Dec 15, 2013 7:31 am

Dear Sir,
As application has been returned as an invalid, Does it gonna count as a overstay ? Does it gonna be barrier in her long residency application ?

Many Thanks

masud0174 · Post by **masud0174** » Sun Dec 15, 2013 7:34 am

Her Limited leave has been expired 10/11/2013 when application was in pending. Can we make another fresh application ? Are there any downside ?

Post by **vinny** » Sun Dec 15, 2013 8:11 am

Yes. She may make another application within 28 days from her application being declared as invalid. But there are downsides. If it's granted, then this shouldn't be a barrier in a future Long residence application.

masud0174 · Post by **masud0174** » Sun Dec 15, 2013 8:14 am

Many Thanks

Post by **vinny** » Sun Dec 15, 2013 8:15 am

Due to the wording of Section 4, try also to get the caseworker to withdraw his/her declaration that her application was invalid.

masud0174 · Post by **masud0174** » Sun Dec 15, 2013 8:16 am

Vinny,
How can i update my application details in forum ? Pls let me know where i should post all application status .

Post by **vinny** » Sun Dec 15, 2013 8:23 am

Try here or here?

masud0174 · Post by **masud0174** » Sun Dec 15, 2013 6:26 pm

Dear Sir,
Could please tell me about the maintenace fund requirement for FLR(M) applicants .

Could you tell me where exactly in the immigration rule i can find details of the '28 Days timeline' for launching a fresh application in case the previous application has been returned as invalid ?

Many Thanks

Post by **vinny** » Sun Dec 15, 2013 7:42 pm

See also What document required for FLR (M) and 284(viii).

And 6 > "Overstayed" or "Overstaying" means the applicant has stayed in the UK beyond the latest of:
...
(iii)

and 284(iv).

masud0174 · Post by **masud0174** » Sun Dec 15, 2013 8:55 pm

Vinny thanks a lot for quick reply.

masud0174 · Post by **masud0174** » Sun Dec 22, 2013 8:30 pm

Hi guys,
My wife came inThe Uk before July 2012 so she is exempted form filing Section 7A (Financial Requirement). That means we do not have to proof 18600 Income level.

If not, should we hold some savings in our account for maintenance fund ? How Ho calculate the weekly maintenance fund required for dependant ?

My Income: Salary :1935 pound per month after tax. Rent: 895 pound p/M.
I have got my wife and two children. I have also got 1700 pound savings in my current account for more than 6 months . Is it gonna be enough for My wife's FLR(M) application ?

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FLR(O) OR FLR (M) for dependent of ILR applicant

FLR(O) OR FLR (M) for dependent of ILR applicant

Thanks

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