Applying for Spouse FLR (M) but not for dependant.

[mikerg76]

Hi

My wife currently has FLR visa until 01/04/17. My step daughter joined us as a dependant (under 18) in the UK after this period of FLR was granted. My step daughter's visa therefore also expires on the 01/04/17. We are going to apply for further FLR for my wife only as my step daughter is going to return to Thailand.

My question is: My wife has an appointment booked to apply in person for her FLR on the 03/03/17. If FLR is granted on that date does that make my step daughter's current visa invalid or would my step daughter's visa still be OK until the 01/04/17?

Your answers would be gratefully appreciated

Mike

[CR001]

My question is: My wife has an appointment booked to apply in person for her FLR on the 03/03/17. If FLR is granted on that date does that make my step daughter's current visa invalid or would my step daughter's visa still be OK until the 01/04/17?

No, her visa remains valid until the expiry date but she must leave the UK on or before it expires. You do realise if she wishes to return to the UK, she has to start again from scratch and will lose the time she has already spent here towards ILR or future BC application.

[vinny]

It would make more sense to also include step daughter in her mother's application. Keep her options open. If she tries to start all over again subsequently, then it may be difficult or even impossible the older the daughter becomes.

[mikerg76]

Thanks CR001 and vinny for the quick response and putting my mind at ease

My main concern regarding the visa expiry was that I had already booked my Step Daughter's flight for the 26th March prior to booking my wife's Visa appointment. I was starting to worry that I would need to move the Visa appointment to after March 26th or re-book my step daughter's flight to before 03rd March.

I do appreciate it would probably be better to apply for FLR for my Step Daughter too but she is a more independent woman now and she really wants to go back to Thailand to continue with her studies. She only joined us in the UK because her real father had passed away a couple of years ago.

My wife and I are planning to move to Thailand in the not too distant future.

[vinny]

Doesn't the daughter want the opportunity of easily studying and living in the UK in the future? If she extends with her mother, then she may return to the UK before the expiry of her FLR and possibly be included with her mother's SET(M) in the future, provided that she is not living an independent life and satisfies KoLL, etc., if aged over 18.

[mikerg76]

Sorry to ressurect this post but I now have a query regarding section four of the FLR (M) form (see below). My step daughter came here as a dependant when she was still 17. Now she is 19 and turns 20 in a few days. She is returning to Thailand before her visa expires to lead an independant life. My wfie and I have no other children therefore can I answer "No" to question 4.1, 4.2 and 4.3 and proceed to section 5?

Section 4 - Dependent children
In this section you must include any dependent children that are applying with you. (see the pay-
ment section for details on who may apply with you) It is mandatory to complete this section
as required. Please note this application will be invalid if you do not.
If this is the first time you are applying for leave in this category dependent children aged 18 or
over cannot apply with you on this form.
However, children who were initially granted leave in this category when they were under 18 but
who are now aged 18 or over, may continue to be included as a dependent child in this section
(see payment guidance).
As well as children who are applying with you, you should also include details of any de-
pendent children not applying with you, including those who are British citizens or settled
in the UK.
You must provide all the necessary evidence listed in Section 12. If you have more than 2
children, please give their details on a photocopy of this page and enclose it with this form.
4.1 Do you and your sponsor have any children together?
Yes No
4.2 Do you have any children whose parent is not your sponsor?
Yes No
4.3 Does your sponsor have any children living in the UK whose parent is not you?
Yes No
If you have answered no to questions 4.1, 4.2 and 4.3 please proceed to section 5.
4.4 If you have answered yes to questions 4.1, 4.2 and/or 4.3 provide details of these children in
the table below. Please provide details of those children who are applying with you first.