When to apply for FLR(M)

[wxyuanilr]

My wife and child have both been living with me (settled person) in the UK under family visa since 2 Jul 2014.

We are looking to extend their current visas which expire on 6 Jan 2017. As they first entered the UK on 2 Jul 2014, we'll need to make sure that their family visas are extended to at least 2 July 2019 so that they can get ILR at that time.

We hope to get the extended visas by mid-January, as we have plan to travel abroad around that time. Therefore, we would like to make the application in November as it may take 8 weeks (we won't consider the highly expensive premium service).

Could someone please advise if their visas will be extended to 30 months after the current expiry date regardless of when we make the application for extension?

[Casa]

No. The 30 month extension will start from the date the new visa is issued.

If you apply too early, this will result in a shortfall before the 5 year period is completed, requiring an additional visa extension.

If your wife and son apply in person at a PSC (for a premium fee), a decision should be made on the same day.

[wxyuanilr]

Thanks for your reply. Is there an official documentation on this?

If this is true, when should I make the postal application to make sure the new expiry date is no earlier than 2 Jul 2019? How can I predict when they'll approve my application if I make postal application?

[Casa]

You can't predict how long a postal application will take to process, but it could be up to 3 months.

On what date did you wife and son enter the UK on their current visas?

[wxyuanilr]

As mentioned in my original post, they first entered the UK on 2 Jul 2014.

[Casa]

They should apply no earlier than 28 days before the 30 month anniversary of the date they entered the UK, in order to complete the full 5 year qualifying period.

[wxyuanilr]

The 30 month anniversary of the date they entered the UK will be 2 Jan 2017, while their visas expire on 6 Jan 2017. If we post the applications on 2 Jan, I don't think the new visas will be issued before 6 Jan, so wouldn't that cause a period when they will unlawfully stay in the UK? Is their an official documentation on the start date of an extended visa?

[Casa]

No. Their status will remain the same while the application is being processed, regardless of how long it takes.

Why would you wait to submit the applications until the 30 month anniversary of your wife and son's entry, when I've advised they can apply 28 days before this date?

If you doubt the advice, I'm sure you'll find this if you search the Immigration Rules for official confirmation...which is what I would have to do.

However, this question is regularly asked and answered on the forum.

[wxyuanilr]

But if the application for the extended visa is unsuccessful for some unexpected reason, then their stay in the UK from the expiry date of their current visa to the date when we hear the bad news will become unlawful.

If I make postal application, how can I make sure:

1) there's no gap between the expiry date of the current visa and the start date of the extended visa
AND
2) there's no overlap in validity period between the current visa and the extended one?

Please advise. Many thanks.

[Casa]

Covered by Section 3c which I'll leave you to read through as I'm logging off now to concentrate on my 'day job'.

https://www.gov.uk/government/uploads/s ... ve-6_0.pdf

[wxyuanilr]

The page 41 of https://www.gov.uk/government/uploads/s ... t_2015.pdf says:

"Where an applicant has extant leave as a partner at the date of application, any period of extant leave, up to a maximum of 28 days, will be added to the period of leave that they are being granted under paragraph D - LTRP.1.1. An applicant with extant leave in this scenario will therefore be granted a period of leave slightly in excess of 30 months."

Does that mean it would be absolutely fine if we make the application after 9 Dec 2016 (note that 6 Jan 2017 is the expiry date of the current visa) and the expiry date of the extended visa will definitely no earlier than 6 Jul 2019?

[Casa]

The page 41 of https://www.gov.uk/government/uploads/s ... t_2015.pdf says:

"Where an applicant has extant leave as a partner at the date of application, any period of extant leave, up to a maximum of 28 days, will be added to the period of leave that they are being granted under paragraph D - LTRP.1.1. An applicant with extant leave in this scenario will therefore be granted a period of leave slightly in excess of 30 months."

Does that mean it would be absolutely fine if we make the application after 9 Dec 2016 (note that 6 Jan 2017 is the expiry date of the current visa) and the expiry date of the extended visa will definitely no earlier than 6 Jul 2019?

Yes

[wxyuanilr]

The 30 month extension will start from the date the new visa is issued.

Will it take a few days or even weeks for the new visa to be issued after I post the application through Royal Mail? If that's true, then it seems okay to post the application a few days earlier than the 28 days before the 30 month anniversary of the date of the first entry to the UK?

[Casa]

No, as the qualifying date is the date of postage and not the date the application is received by the Home Office or when the processing starts.

[aurnoc]

Hi,

I was granted FLR M visa on 28th July 2014.

I travelled outside the UK during the following dates:

- 25th dec 2014 to 20th feb 2015 (59 days)
- 27th june 2016 to 21st aug 2016 (56 days)

Please advise me how many days more can i stay out of the UK, before my visa extension becomes due on Jan 28th 2017?

Thanks

[Casa]

Hi,

I was granted FLR M visa on 28th July 2014.

I travelled outside the UK during the following dates:

- 25th dec 2014 to 20th feb 2015 (59 days)
- 27th june 2016 to 21st aug 2016 (56 days)

Please advise me how many days more can i stay out of the UK, before my visa extension becomes due on Jan 28th 2017?

Thanks

You have high jacked another member's thread, which is unfair to the OP and causes confusion. Please open your own topic and post your question there.

[aurnoc]

Hi,

I was granted FLR M visa on 28th July 2014.

I travelled outside the UK during the following dates:

- 25th dec 2014 to 20th feb 2015 (59 days)
- 27th june 2016 to 21st aug 2016 (56 days)

Please advise me how many days more can i stay out of the UK, before my visa extension becomes due on Jan 28th 2017?

Thanks

You have high jacked another member's thread, which is unfair to the OP and causes confusion. Please open your own topic and post your question there.

Really sorry about that, I have forgotten where and how to post a new topic Will delete this post to avoid confusion

[Casa]

New topic - top left hand side of the sub-forum (immigration for family members).