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  • FLR - When to apply

    Hi, I have seen others have issues with timelines for applying for their next visa (to complete the 5 years in the country) so just wanted to get some clarification.

    My wife was issued her initial spouse settlement visa on 01.04.2016 (as stated on her residency permit). She entered the UK on the 22.04.2016 (as stamped in her passport). The residency permit is valid until 15.01.19.

    When would be the best time to apply for the FLR? Is the date you apply defined by the date the fees are paid?

    Thanks in advance for any help.

  • #2
    The date you apply is defined by the expiry date of the settlement visa. Send it via courier a few days before her current visa expires. My wife's first FLR expires very close to your wife's and I will be doing exactly that.

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    • #3
      Thanks for your reply.

      The 15th Jan is a Tuesday so will plan to send it off on Friday 11th Jan via special delivery.

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      • #4
        Originally posted by rasg View Post
        The date you apply is defined by the expiry date of the settlement visa.
        Sorry, but I believe this to be incorrect rasg

        The date from when you can apply is when your wife has been IN THE COUNTRY for a period of 30 months (not the expiry date of the visa, which is normally for 33 months).

        In the case of the OP his wife entered on 22/04/16. 30 months on from that date is 21/10/18 so that is when she could apply from (but as that is a Sunday it will need to be on the next working day of 22/10/18)
        BUT in any case she MUST apply before the visa expiry date.

        There is an issue that you can apply 28 days before that date BUT you really need to be careful with this and it is best practise to only use this rule when applying for the ILR (after 60 months).
        Last edited by Gary & Nok; 23 Aug 2018, 12:50.
        Bye Bye EU Day 31st December 2020 (11 p.m.)

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        • #5
          Hi Gary, thank you for taking the time to reply. So you would suggest I apply for the FLR visa on the 22/10/18 (or a couple of weeks after) and this would be fine to complete the '5 years in the UK' needed for the final ILR visa? Just want to make sure I get this right.

          Comment


          • #6
            Originally posted by Gary & Nok View Post
            Sorry, but I believe this to be incorrect rasg

            The date from when you can apply is when your wife has been IN THE COUNTRY for a period of 30 months (not the expiry date of the visa, which is normally for 33 months).

            In the case of the OP his wife entered on 22/04/16. 30 months on from that date is 21/10/18 so that is when she could apply from (but as that is a Sunday it will need to be on the next working day of 22/10/18)
            BUT in any case she MUST apply before the visa expiry date.

            There is an issue that you can apply 28 days before that date BUT you really need to be careful with this and it is best practise to only use this rule when applying for the ILR (after 60 months).
            In my wife's case with her first FLR of 30 months it applies exactly as it's not possible for her to have been in the UK for five years unless she applies close to the expiry date of the visa unless the seven weeks that the FLR took to come back is taken into account. I've always read it to be a minimum of five years and my wife's six month settlement visa cannot be taken into account.

            I understand that the first 3 months of a 33 month settlement visa is to prepare to travel to the UK, put affairs in order etc. Is that three months taken into account? If it isn't why is a six month fiancée visa not taken into account? I don't know but by leaving it until just before FLR expires you can’t get it wrong. Why everybody is in a rush to get the next FLR by applying before it is close to expiring is beyond me.

            Saw an ILR knocked back in the last few months where an applicant got dates wrong and had to have one more FLR. What a huge waste of money for the sake of a few weeks.

            Comment


            • #7
              applied for my wife's about 3 weeks before it ran out ,so that would have been 32 months a a week no problems ,i did read somewhere if you applied early you could get in the position off applying for FLM twice before ILR ,
              As im aware as soon as they receive it you are covered until the decision is made as long as your wifes visa hasn't expired i agree with Rasg on this and followed his advice of when to apply .no problems at all ..
              She got her flm so 30 days before her date on brp card should be ok for ILR if life in the uk is all good .

              Comment


              • #8
                Originally posted by SteveHarris View Post
                Hi Gary, thank you for taking the time to reply. So you would suggest I apply for the FLR visa on the 22/10/18 (or a couple of weeks after) and this would be fine to complete the '5 years in the UK' needed for the final ILR visa? Just want to make sure I get this right.
                There is nothing wrong with you applying for the FLR visa after the 22/10/18 as your wife will have already been in the UK for 30 months. Wether you apply then or early in the New Year is your choice, you will still be allowed to apply for ILR in April 2021 as she will have completed 60 months continuous residence.

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                • #9
                  Originally posted by SteveHarris View Post
                  Hi Gary, thank you for taking the time to reply. So you would suggest I apply for the FLR visa on the 22/10/18 (or a couple of weeks after) and this would be fine to complete the '5 years in the UK' needed for the final ILR visa? Just want to make sure I get this right.
                  If it were me then yes, I would be applying some time soon after the 22/10/18. That day, a week, a month after is entirely up to you.

                  She will have completed 30 months in country by 22/10 and the FLR is for 30 months so at the end it will be a total of 5 years and then you can apply for ILR.

                  - - - - - - - u p d a t e d - - - - - - -

                  Originally posted by rasg View Post
                  In my wife's case with her first FLR of 30 months it applies exactly as it's not possible for her to have been in the UK for five years unless she applies close to the expiry date of the visa
                  So in your wife's case you are correct then, but your wife's circumstances do not apply in this case, every-bodies application is different.

                  ...unless the seven weeks that the FLR took to come back is taken into account.
                  No it is not.
                  Just because your wife's visa start date was 7 weeks before she got it back does not count to anything. The clock starts ticking when the applicant enters the country.

                  I've always read it to be a minimum of five years...
                  That is correct, 5 years split in to 2 visas, one of 33 months and the next of 30 months.

                  ...and my wife's six month settlement visa cannot be taken into account.
                  Sounds like your wife entered on a "fiance" settlement visa so no those 6 months cannot be taken in to account because she would not have been deemed a "permanent" resident, until you got married and applied for the FLR. Then the 5 year clock starts.

                  I understand that the first 3 months of a 33 month settlement visa is to prepare to travel to the UK, put affairs in order etc. Is that three months taken into account?
                  It used to be the case your were given 3 months to do exactly that, now I understand you are given about a month (but can apply to extend it if affairs not sorted out and ready to leave) and again no those 3 months are not taken into account because the clock starts ON ENTRY, not from date of visa.

                  I don't know but by leaving it until just before FLR expires you can’t get it wrong.
                  That is true, and you are covered until such times as a decision is made once you apply even if the visa expires during that time.

                  Why everybody is in a rush to get the next FLR by applying before it is close to expiring is beyond me.
                  Mainly because the longer you leave it the more chances of the rules changing and/or the price going up.
                  Most people would always advise to apply for your visas at the earliest opportunity just to avoid any chances of such things happening.

                  Saw an ILR knocked back in the last few months where an applicant got dates wrong and had to have one more FLR. What a huge waste of money for the sake of a few weeks.
                  Yes, getting it wrong can prove costly, but how that person failed to work out when the correct date was is beyond me, you only need fingers and a calendar.
                  Last edited by Gary & Nok; 24 Aug 2018, 13:01.
                  Bye Bye EU Day 31st December 2020 (11 p.m.)

                  Comment


                  • #10
                    Originally posted by Gary & Nok View Post
                    That is correct, 5 years split in to 2 visas, one of 33 months and the next of 30 months.
                    Sorry, let me just clarify this.
                    The above applies IF applying out of country.
                    If applying after a "fiance" visa (being in the UK for up to 6 months) then it will be 30 months and 30 months.
                    Bye Bye EU Day 31st December 2020 (11 p.m.)

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