Applying for FLR (M) expired passport

[bluetulip]

My Husband is American and has been living on a spouse visa with me since April 2016. We are due to apply for FLR (M) in the next couple of weeks but have realised his passport has expired however the BRP is still valid. Would this still be acceptable to send as we have every other aspect covered?

Many thanks in advance.

[CR001]

My understanding is that he needs a valid passport. BRP alone is not sufficient.

[bluetulip]

Thank you, I think we are going to be in trouble.

[CR001]

What date does the visa expire??

How long will it take to get a new passport?

[bluetulip]

My Husband's visa expires on 31st December 2018.

[CR001]

So how long will it take to get a new passport?? Couple of weeks??

[CR001]

It takes about 3 weeks for a passport in London and 10 days in Belfast and Edinburgh.

https://uk.usembassy.gov/u-s-citizen-se ... ing-times/

[bluetulip]

Unfortunately in order to get a new passport my Husband needs to clear his child Support arrears for his 21 year old Son. It currently stands at about $10,000. I realise he should have been paying this, but the monthly amount is more than our rent and the money goes to his ex wife when his studying in a different state.

[CR001]

See the topic link below of a similar situation of child support arrears and expired US passport.

british-citizenship/refused-on-good-cha ... s#p1623188

Your husband therefore has a problem.

[bluetulip]

I am sure this question has been asked before but when can you apply for FLR (M)?

Is it 28 days before the visa expiry date or

28 days before you have been in the country 30 months.

Also if you are working here and you apply for your FLR (M) 28 days before the visa expires and the processing time is 8 weeks would you be illegally working?

[CR001]

28 days before you have been in the country 30 months.

This one.

Also if you are working here and you apply for your FLR (M) 28 days before the visa expires and the processing time is 8 weeks would you be illegally working?

No. If you apply before your current visa expires (assuming you can get the expired US passport and child support issue sorted out), then the applicants existing visa conditions continue under Section 3C of the immigration rules.

[bluetulip]

I have actually just seen this on the FLR (M) application form

Section 12 – Passport, Travel Document or National
Identity Card
It is mandatory to complete this section. Please note this application will be invalid if you
do not.
You must provide your valid passport or a national identity card as evidence of your identity and
nationality. If you do not have these, your most recent passport (or except a PBS applicant)
national identity card. If you have neither of these, you can provide a travel document unless
these are not available for reasons beyond your control. If your document is lost or stolen, you
should replace it before making your application unless there are reasons beyond your control
why you cannot (See note 6 below).
You should provide all previous passports, travel documents or national identity cards that you
have used to travel to or remain in the UK.

[vinny]

Posts merged.

[vinny]

I am sure this question has been asked before but when can you apply for FLR (M)?

Is it 28 days before the visa expiry date or

28 days before you have been in the country 30 months.

Also if you are working here and you apply for your FLR (M) 28 days before the visa expires and the processing time is 8 weeks would you be illegally working?

Take care not to apply too early (before completing 30 months from date of initial entry on spouse visa) nor too late (after expiry of leave).

If possible, then it's better to apply after completing 30 months from the date of initial entry on spouse visa and prior to expiry of leave.