FLR Application for Spouse and Dependent Adult.

[Alvin67]

Hello All,

Wondering if someone could advise or has had a similar issue for an FLR application.

Brief history, my wife and step daughter made an application to come to the UK and live with me under a spouse visa which was granted and they have been here for 2.5 years now.

I had started looking at the requirements to extend their visa’s but had always checked my wife’s visa on her passport which we have now realized has two months difference in the expire date to my step-daughter. My step daughter’s application was as a dependent as she was under 18 at the time and from what I understand she should be able to apply as a dependent adult on her mother’s application as she isn’t living an independent life.

I have spoken to an Immigration consultant who advised that we make a joint application as planned with my step daughter as a dependent adult adding a covering letter explaining why my wife's application is early.

To confuse the matter I have spoken UK Visa’s and Immigration Helpline, and explained the situation and was advised to make a separate application for my step daughter shortly as an adult with a covering letter explaining the situation then two months later do a second application for my wife.

Additionally UK Visa’s and Immigration Helpline refused to discuss anything about the application as I’m doing it online and answered a number of questions about the application through a wizard leading to an application through the family route.

The support agent refused to discuss anything about the online application and stated they would only assist if I search for and complete an FLR FP form.

Has anyone experienced a similar issue or could advise on this matter?

[vinny]

I have spoken to an Immigration consultant who advised that we make a joint application as planned with my step daughter as a dependent adult adding a covering letter explaining why my wife's application is early.

From your post, is it the case that the child’s leave expiring two months sooner than her mother’s? It’s their mistake under D-ECC.

Moreover, the mother’s spouse entry clearance should be valid for 33 months under D-ECP.

If there is no time for them to correct their error(s), then I think that both mother and child should extend on FLR(M) in-time (mother requires A2 English Language). However, if mother is applying too early, then ask them to correct their error(s) by granting further leave with sufficient validity to cover the mother’s 5-years qualifying period for SET(M).

[Alvin67]

Hello Vinny, thanks for the prompt reply!

Yes the child's leave will expire two months before her mother's.

I'll follow up on the mothers entry clearance term which is in fact 29 months for some reason.

For the FLR application its a bit confusing, the online section seems to point to the 5 year route by the questions its asks but its classed as a family route, nothing is mentioned about FLR at any point. See below a few of the initial questions that the online form asks, tired to attached a screen capture but didn't work.

TYPE OF VISA / APPLICATION: Family Route

What is your relationship to the person you are Partner
applying to remain with in the UK?

Is your current entry clearance or leave to remain Yes
as the partner of one of the following?
a British citizen
a person settled in the UK
a person with refugee leave or a person with
humanitarian protection in the UK

Do you see any issue in continuing the online application I've started?

[Alvin67]

Please see below the visa class as it appears on her Visa in the passport.

What type of residence permit or visa do you have? D-Spouse/CP- Spouse/CP of My name.

[vinny]

That seems to be the right route.

If the visa was valid for only 29 months, then that's a mistake on their part.