FLR or ILR?

[zakuta]

Hi

I have my ILR in Sep2013 and my wife came to UK on dependent settlement visa in Dec 2013 and my daughter in March 2015. Now their visas are expiring after the initial 2 1/2 years visa and I now understand that because my ILR was after July2012 - I have to apply for another extension FLR not ILR to complete the 5 years period.

Can somebody please advise that my understanding is correct. that;
1- I have to apply for FLR to get another 2.5 years extension to complete the 5 years
2- It doesn't matter if the spouse was away for more than a year in her current visa
3- I have downloaded FLR(M) form, version 04/2016. Is this the correct form? would that be enough for the baby as well or I need to fill another form for her as well.


Thanks,

Zak

[Obie]

It is FLR(M) for mother and child, together with the NHS surcharge of £1000 for the 2 of them.

The absence will not affect them now, at least.

[Casa]

Your wife will however have to declare any absences over 6 months during the 2.5 year period. She may have to apply for an additional FLR(M) visa when this next visa expires as she will be 12 months short of the 5 year qualifying period for ILR.
What was the reason for the 12 month absence?

[zakuta]

Initially I was on sick leave and then we had our baby - so she was waiting for her visa to arrive to come here and it took another 6 months to arrive. So it is over a year she was not in UK. I think - it's quite a legitimate reason.

Thanks,

Zak

[Casa]

I'm confused. You say that your wife was waiting 6 months while you were on sick leave and another 6 months for her visa to arrive...but earlier you said she was absent during 12 months on her current visa. What's the issue date of her current visa and how long was she absent from the UK after the visa was issued?

[zakuta]

She got her visa in Dec 2013 and came to UK in Feb 2014 and went back in June 2014 and returned in Dec 2015. So her extension is due in September 2016.

Thanks,

[Casa]

In which case she will have to declare her absence and almost certainly will have to apply for an additional FLR(M) extension to make up the considerable shortfall in residence.
Ensure you submit strong evidence of how you communicated during your time apart. You will also find it difficult to submit proof of joint address covering the full 2.5 year period which you should explain clearly in this application.