2 Qs about FLR (M) Application Form.

[magicman316]

I am preparing to apply for my wife's FLR (M) Application and have booked an appointment for 13th January 2017.

I've read a lot of talk about needing to apply within 28 days of expiry and not before. My understanding is that as its a 33 month visa it should be OK to apply slightly earlier also. Please could you examine the below dates and let me know if an appointment on 13/01/17 should be ok for our FLR(M)?

UK Spouse Visa - 5 Year Route
Valid From: 12/06/14
Valid To: 12/03/17
First Entered UK: 11/08/14

[Casa]

If you apply earlier than 28 days before completing 30 months in the UK you will fall short of the full 5 year period when it comes time to apply for ILR.

This would then require an additional extension to make up the short-fall.

[CR001]

The issue here is that if you apply on 13th Jan, your spouse has not spent 2.5 years in the UK yet and will have a shortfall further down the line to meet the 5 year residence.

When you apply in person, the visa grant date is the date of your appointment. It is not granted to follow on from the current visa's expiry date.

You should only apply in person for an extension once your wife has been in the UK for at least 2.5 years, which in your case will be 11th Feb onwards.

Edit : Beaten by Casa

[magicman316]

The issue here is that if you apply on 13th Jan, your spouse has not spent 2.5 years in the UK yet and will have a shortfall further down the line to meet the 5 year residence.

When you apply in person, the visa grant date is the date of your appointment. It is not granted to follow on from the current visa's expiry date.

You should only apply in person for an extension once your wife has been in the UK for at least 2.5 years, which in your case will be 11th Feb onwards.

Edit : Beaten by Casa

Thanks for your answer. If we do go ahead on 13th Jan would it mean having to apply for an extension before the ILR period and presumably that would be costly too? Or is it a case that if we go on the 13th they will reject us.

The guy on the phone from UKVI said 13th Jan will be fine but he did not ask me about what date she actually arrived in the UK. So its more to do with the date she arrived here, rather than the Visa Start date, right?

[magicman316]

I undrestand what you mean, as the 11th Feb would mean she has spent 2.5 years here. So when this next 2.5 years FLR is issued, is that for 30 months only or is that for 33 months? As if its for 33 months it may mean she would end up spending the qualifying 60 months here?

But it sounds like I should try to change the date to 11th Feb to be on the safe side, only issue is we have travel plans on the 15th Feb - March 23rd so was wondering if they would give us the passport/visa etc same day? And there's the issue of the Biometric Permit too.

[Casa]

Your application on the 13th will be accepted as FLR(M) can be applied for at any time. However, it will be costly, as prior to qualifying for ILR you will need to pay an additional fee for another FLR(M) extension with no reduction.

The current postal fee of £811 may well have increased by then.

Edit: The FLR(M) visa will be issued for 30 months. 33 months is only issued for the first application in order to allow time to enter the UK.

The BRP isn't issued on the day at the PSC. It will follow in the post shortly after. A visa vignette in no longer issued.

[magicman316]

I've spoken with UKVI again who tell me that 13th Jan will be fine as she did not spend more than 180 days out of the UK in a year so it starts from 6th June, not 11th August...

Now I'm confused! They are telling me also that it 'will probably be' 33 months that the FLR (M) is granted for as well.

[Casa]

Another fail from the UKVI 'help line' who are notorious for giving incorrect information, often on the simplest of immigration issues. Neither will they take responsibility for doing so.

This from freemovement explains the situation well:
https://www.freemovement.org.uk/immigra ... pectation/

It is the date of entry which sets the qualifying period, not the date the visa was issued.

33 months is never issued for FLR(M) submitted in the UK

[magicman316]

Do you happen to know if its mentioned in the Immigration Rules or elsewhere that it is the entry date and not the visa issue date from when the qualifying period begins?

[Casa]

Do you happen to know if its mentioned in the Immigration Rules or elsewhere that it is the entry date and not the visa issue date from when the qualifying period begins?

Yes. Here in this link - validity of entry clearance:
https://www.gov.uk/government/publicati ... -clearance

ECB9.4 Validity of entry clearance
The validity of the entry clearance and the leave to enter given are normally the same. The ECO should check the applicant’s visa application form (VAF) for the proposed date of travel in order to prevent unnecessary applications for an extension of stay, and possible claims for a refund of the extension fee.

There are two significant dates on the entry clearance:

The ‘effective’ date which is the date on which the entry clearance is issued (and therefore the date on which the applicant can travel)

The ‘expiry’ date which is the date when the entry clearance will not be valid for travel to the UK, and nor will it confer leave to enter. The ‘expiry’ date for applicants who qualify for ILE should represent the expiry date of the applicant’s passport and does not indicate an expiry of ‘indefinite leave to enter’

For applicants in long-term categories who are subject to either a qualifying period before applying for settlement, or to a limit on their total length of stay in that category, leave to enter should begin on the date they arrive in the UK. This will ensure that they are able to meet the qualifying period within the validity of their entry clearance and avoid unnecessary applications for extensions of stay.

[magicman316]

Thanks for your answers. This all makes a lot more sense to me now!

As she arrived on 11th August 2014, would it be ok to book an appointment for Saturday 11th Feb as that's exactly 2.5 years since she arrived here?

Would that then mean that the next FLR period expiry date will be 11th August 2019 making it exactly 5 years since she arrived here? And then I should have no problems with ILR too. Or should I book the appointment on 12th or 13th Feb to be on the safe side.

Thanks for your help again, most appreciated.

[Casa]

You can book the appointment for 28 days before the 2.5 years of residence in the UK. This is permitted and will still enable her to complete the full 5 year period without the requirement for an additional visa extension.

SET(M) for ILR can also be applied for 28 days before the 5 year completion.

[CR001]

Thanks for your answers. This all makes a lot more sense to me now!

As she arrived on 11th August 2014, would it be ok to book an appointment for Saturday 11th Feb as that's exactly 2.5 years since she arrived here? Yes

Would that then mean that the next FLR period expiry date will be 11th August 2019 making it exactly 5 years since she arrived here? And then I should have no problems with ILR too. Or should I book the appointment on 12th or 13th Feb to be on the safe side. 11th Feb or after is fine. When she gets to ILR, she can apply within 28 days of reaching the full 5 year residence mark.

Thanks for your help again, most appreciated.

[physicskate]

11th of Feb is fine, but remember that her BRP will not arrive for a few days after that... She will need the BRP in order to re-enter the UK.

[magicman316]

You can book the appointment for 28 days before the 2.5 years of residence in the UK. This is permitted and will still enable her to complete the full 5 year period without the requirement for an additional visa extension.

SET(M) for ILR can also be applied for 28 days before the 5 year completion.

If this info is correct then I should be able to apply from 28 days before 11th Feb 2017?

Confused, again!

[Casa]

Thanks for your answers. This all makes a lot more sense to me now!

As she arrived on 11th August 2014, would it be ok to book an appointment for Saturday 11th Feb as that's exactly 2.5 years since she arrived here? Yes

Would that then mean that the next FLR period expiry date will be 11th August 2019 making it exactly 5 years since she arrived here? And then I should have no problems with ILR too. Or should I book the appointment on 12th or 13th Feb to be on the safe side. 11th Feb or after is fine. When she gets to ILR, she can apply within 28 days of reaching the full 5 year residence mark.

Thanks for your help again, most appreciated.

Looking at your entry dates again, I'd go with CR001's advice above.

[CR001]

Also remember that we are quoting the 'apply within 28 days rule' as it stands now. No one knows if HO will change this to a reduced timeframe in the future (like they did very recently with another 28 day 'grace period' issue for applications after AR or visa expiry reducing it to 14 days).

[magicman316]

1. I'm a British Citizen with a British passport but born in 1985 so would only become British at birth if one of my parents were British or Naturalised at the time of my birth, according to the info I read in the FLR M application form.

I am supplying my valid British passport in the application, but do I need to supply anything of my parents? Like their passport or birth certificate or naturalisation docs etc?

2. My mother has supplied a letter of support confirming adequate accommodation, but is there a need to supply an Inspection Report as is common when applying for the 1st visa from abroad?

Thanks.

[CR001]

1. I'm a British Citizen with a British passport but born in 1985 so would only become British at birth if one of my parents were British or Naturalised at the time of my birth, according to the info I read in the FLR M application form. What is the relevance of this statement?

I am supplying my valid British passport in the application, but do I need to supply anything of my parents? Like their passport or birth certificate or naturalisation docs etc? No. For a spouse visa it is only YOUR status as the sponsor that is relevant.

2. My mother has supplied a letter of support confirming adequate accommodation, but is there a need to supply an Inspection Report as is common when applying for the 1st visa from abroad? Inspection report is not mandatory. Does she own the property or is she renting? How many people live in the property? Do you live there now and is the address on all your supporting documents?

Thanks.