Is my FLR(M) going to lapse

[Nicko]

Hi all,

Really appreciate that this board exists: I've found it so difficult to find answers to some of this stuff!

I'm applying for my first extension on my FLR(M) visa and trying to nab a premium appointment. Currently I can only get one in Birmingham (I'm much nearer to Croydon) and I'd like to know if, after booking the Birmingham appointment, I can change to a Croydon appointment (should one become available), free of charge.

Any help greatly appreciated.
Nicko.

[Nicko]

Hello, and thanks (so much) for reading.

I have a question about my FLR(M) visa application. I'm applying for my first extension and my current visa expires on the 12th July. I'm one of those fools who has left it too late to book a premium appointment at my preferred centre and am now trying to weigh up my options.

It looks like I can grab an appointment at a centre much further afield (and then hopefully change that appointment to my preferred centre down the line) or else post the application tout suite and hope for the best.

My question is: if I post my application and it's lodged before the 12th July, when my current visa expires, will I be safe from my 5-year route lapsing? Or is there a risk that it will lapse if the process isn't completed before the 12th?

Thanks for your time; you guys are awesome.
Nicko.

[Casa]

Hello, and thanks (so much) for reading.

I have a question about my FLR(M) visa application. I'm applying for my first extension and my current visa expires on the 12th July. I'm one of those fools who has left it too late to book a premium appointment at my preferred centre and am now trying to weigh up my options.

It looks like I can grab an appointment at a centre much further afield (and then hopefully change that appointment to my preferred centre down the line) or else post the application tout suite and hope for the best.

My question is: if I post my application and it's lodged before the 12th July, when my current visa expires, will I be safe from my 5-year route lapsing? Or is there a risk that it will lapse if the process isn't completed before the 12th?

Thanks for your time; you guys are awesome.
Nicko.

Relax! Your legal residency continues while the application is being processed. That's providing you submit your application before the expiry date of your current visa.

[seagul]

you will be covered under section 3C which will carry forward your all visa conditions until the decision. If you are already working then can legally carry on doing it, only you cannot travel until gets decision.

[Nicko]

Thank you both for the quick replies.

So can I run a hypothetical past you, just to put the final nail in the coffin of my concerns on this?

Let's say I send the application off on Monday. They receive it Friday 22nd June and it's stamped "received" and filed wherever. Time goes by and for whatever reason, the conclusion is delayed until after the 12th July, when my current visa expires. They approve it (huzzah!) but the approval is officially made on the 13th July. So there was one day when one might argue my visa lapsed. Is it feasible this might disrupt my 5-year route and force me to apply for an additional extension in 2.5 years, before being eligible to apply for my ILR?

Yours in anticipation,
Nicko.

[seagul]

Thank you both for the quick replies.

So can I run a hypothetical past you, just to put the final nail in the coffin of my concerns on this?

Let's say I send the application off on Monday. They receive it Friday 22nd June and it's stamped "received" and filed wherever. Time goes by and for whatever reason, the conclusion is delayed until after the 12th July, when my current visa expires. They approve it (huzzah!) but the approval is officially made on the 13th July. So there was one day when one might argue my visa lapsed. Is it feasible this might disrupt my 5-year route and force me to apply for an additional extension in 2.5 years, before being eligible to apply for my ILR?

Yours in anticipation,
Nicko.

If you have submitted your application before your current leave expire then as explained earlier will be covered by virtue of Section 3C which will prevent you from becoming over stayer and all that time spent while processing will be counted over 5 years qualifying time leading to ILR.

[Nicko]

That's wonderful to hear! Thanks again.

[vinny]

See also 34G. Date of application should be prior to expiry of leave.

[Nicko]

Thanks for this addition, Vinny!

It's got me thinking: according to 34G(iv), the Date of Application is taken as the date the application is made via the "online application process." I am applying online but I had assumed that if I was to check the Standard Service, as opposed the Premium Service, at the end of the application, I would then need to print the application and post if off with my supporting documents. However it now occurs to me that the application itself might be lodged right then, and I would then send the documents to the Home Office.

Is this correct? If I complete the application online, select Standard Service and pay the £1033, does that satisfy 34G(iv)

Cheers,
Nicko.