ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

FLR(M) form - period of extension??

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
mmudigonda
Newly Registered
Posts: 8
Joined: Sun Feb 03, 2008 7:55 pm

FLR(M) form - period of extension??

Post by mmudigonda » Sun Feb 03, 2008 9:36 pm

Hi everybody,
I was wondering if somebody could please help me. My wife has a 2 year temporary leave to remain as as spouse which expires in April. However, because she arrived here in June 2006 she cannot complete the full 2 year probationary period. Does this mean that she has to apply for an extension of the visa with form FLR(M) rather than the SET(M) form?
If the FLR(M) form is the one we need, then one thing that we are baffled about is how long my wife's original 2 year visa gets extended for? is it just until the 2 year period comes up i.e. 2 months further, or one year more, or does the FLR(M) form give an additional two years?? This m ay seem an elementary question but I have not been able to find the answer.
Also, am I right in saying that because we are husband and wife, we dont need to submit the 20 documents?

Please please help!

best wishes,
Mohan

vinny
Moderator
Posts: 32988
Joined: Tue Sep 25, 2007 8:58 pm

FLR(M) form - period of extension??

Post by vinny » Sun Feb 03, 2008 9:45 pm

FLR(M) would be the form to use. They may require/request proof that the marriage is genuine and subsisting, etc. Ideally, under paragraph 285, she should be granted the full two years on request. Unfortunately, however, the BIA have been treating similar applications under 4.3, as if they were SET(M) applications, and granted only top-ups.
Last edited by vinny on Wed Jan 07, 2009 11:40 pm, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

mmudigonda
Newly Registered
Posts: 8
Joined: Sun Feb 03, 2008 7:55 pm

I am dumbstruck

Post by mmudigonda » Sun Feb 03, 2008 10:27 pm

Thank you for your swift reply Vinny!
I followed the link you provided and read with a mixture of both fear and absolute bewilderment at the fact that despite it clearly being said in the rules that an extension should be granted for 2 years, the BIA have been known to grant only top ups. This confirms to me that the Govt are nothing but a bunch of corrupt bandits who fuel the nation's misguided notion that immigrants do nothing but take from this country, whereas it is clearly the govt who are taking from us. Granted there are bad apples who abuse the system, but the BIA are treating all applicants as if they are dishonest and it up to us to prove that we are honest!

My wife has been here for almost 2 years, duriong which time she has got herself a job and pays taxes. everything is above board. What happens if they are dissatisfied with the application? Will they just pack her off back to India????

I am saddened disgusted and appalled. There are no words that I can use that dont have four letters and which wouldnt result in my being thrown off this forum.

mmudigonda
Newly Registered
Posts: 8
Joined: Sun Feb 03, 2008 7:55 pm

FLRM extension periods

Post by mmudigonda » Mon Feb 04, 2008 9:36 pm

HI again,
I spoke to the BIA people today and they confirmed that it is up to the discretion of the caseworker whether an extension under the FLR(M) fornm is given just as a top up to make up the 2 years or whether they grant a full two years. We are thus prepared for the fact that my wifes visa will get extended til June and then we will have to pay again. We have decided that rather than my wife go for IDLR in June when her 2 yr probationary period expires, it would be best for her to get an extension for 2 years so that she can prepare for the Life in UK test thorpughly and most important so that we can get all the documents in order. We have nothing in joint and even for separate docs the majorioty are in my name. My wife only has bank statements and payslips. We therefore could use a 2 yr extension to thoroughly gather appropriate docs. My new worry is this: OK, if they grant only a top up and we have to reapply under FLR(M) in June then its bad but we are prepared. But how much do the immigration people 'abuse' their discetion? i.e. imagine the following scenario; a FLR(M) extenstion is needed to make up the 2 years; following this, a further FLR extension is wanted to ensure that everything is in order for when the SET(M) application is eventually made. However, just because they can, the immigration people keep granting short exentention periods 'under their discretion' simply to get more money out of us? What worries me is that there seems to be nothing in the official rules regarding the discretion of the caseworker. It just says that an extension, if granted, lasts for 2 years. Now they are saying that it is up to the c aseworker and it is not possible to tell how long an extention can be granted for. Will they just keep giving short i.e. 2-6 month extensions just to get more money and make us suffer?

cityflyer80
Newly Registered
Posts: 3
Joined: Tue Feb 05, 2008 11:18 pm

Re: FLR(M) form - period of extension??

Post by cityflyer80 » Tue Feb 05, 2008 11:49 pm

mmudigonda wrote:Hi everybody,
I was wondering if somebody could please help me. My wife has a 2 year temporary leave to remain as as spouse which expires in April. However, because she arrived here in June 2006 she cannot complete the full 2 year probationary period. Does this mean that she has to apply for an extension of the visa with form FLR(M) rather than the SET(M) form?
If the FLR(M) form is the one we need, then one thing that we are baffled about is how long my wife's original 2 year visa gets extended for? is it just until the 2 year period comes up i.e. 2 months further, or one year more, or does the FLR(M) form give an additional two years?? This m ay seem an elementary question but I have not been able to find the answer.
Also, am I right in saying that because we are husband and wife, we dont need to submit the 20 documents?

Hi Mohan Singh.

A friend of mine was in a simialr situation to your wife. She arrived in the UK 7 weeks after her 2 year spouse visa was granted, for family reasons. Based on legal advice given her to by a big law firm in the City, her husband only applied for SET(M) ILR and not an FLR(M) extension as he was told the 7 week delay was acceptable. In the end, the HO granted her ILR by post, and they made a couple of hundred pounds saving by not applying for FLR(M).

Please please help!

best wishes,
Mohan

cityflyer80
Newly Registered
Posts: 3
Joined: Tue Feb 05, 2008 11:18 pm

Re: FLR(M) form - period of extension??

Post by cityflyer80 » Tue Feb 05, 2008 11:53 pm

cityflyer80 wrote:
mmudigonda wrote:Hi everybody,
I was wondering if somebody could please help me. My wife has a 2 year temporary leave to remain as as spouse which expires in April. However, because she arrived here in June 2006 she cannot complete the full 2 year probationary period. Does this mean that she has to apply for an extension of the visa with form FLR(M) rather than the SET(M) form?
If the FLR(M) form is the one we need, then one thing that we are baffled about is how long my wife's original 2 year visa gets extended for? is it just until the 2 year period comes up i.e. 2 months further, or one year more, or does the FLR(M) form give an additional two years?? This m ay seem an elementary question but I have not been able to find the answer.
Also, am I right in saying that because we are husband and wife, we dont need to submit the 20 documents?
Please please help!

best wishes,
Mohan
Hi Mohan Singh.

A friend of mine was in a simialr situation to your wife. She arrived in the UK 7 weeks after her 2 year spouse visa was granted, for family reasons. Based on legal advice given her to by a big law firm in the City, her husband only applied for SET(M) ILR and not an FLR(M) extension as he was told the 7 week delay was acceptable. In the end, the HO granted her ILR by post, and they made a couple of hundred pounds saving by not applying for FLR(M).

VictoriaS
inactive
Posts: 1759
Joined: Wed Jan 24, 2007 4:16 pm

Post by VictoriaS » Wed Feb 06, 2008 12:42 am

The people you have spoken to are WRONG. She should be entitled to the full two years.

http://www.bia.homeoffice.gov.uk/siteco ... eextension


Victoria
Going..going...gone!

mmudigonda
Newly Registered
Posts: 8
Joined: Sun Feb 03, 2008 7:55 pm

FLR(M) docs - concerned

Post by mmudigonda » Fri Feb 22, 2008 1:12 am

I am v worried about whether my wife and I have the proper docs to support our application for visa extension. Very little is in joint names, and although we easily have 20 docs, we are aorried about whether what we provide will be acceptable. If I state here what we plan to provide any advice about whether it is good would be appreciated.
First, My wife and I lived with my mum and dad for the first 5 months of her being in the country, so we dont really have much in the way of docs for this period as Mum and Dad paid the bills etc.. We will enclose a letter from them confirming this. Also, we hope to include:
Letters from doctor confirming wifes registration with her (my father is outr GP so this should be easy to get hopefully)
Letter confirming period of part time work at Dad's surgery - All above board.

We moved into a flat which My mum and Dad own and have been living here since NOv 2006. Therefore most of the documentation is from thsi period although most is in my name rather than joint. My wife opened bank account and got a job last Feb, so bank statements and payslips start from here. We plan to include the following:

Mine and her bank statements
Her payslips (I am still completing my PhD so have only savings rather than wage at the moment)
Letter regarding council tax which shows both mine and her names.
Letter confirming Wife's receipt of NAtional Insurance Number.
Wifes PRovisional Driving Licence with our address.
Electric Bills addressed in my name with our address (I have now had it changed to include both our names and this should start next month)
Water Bills addressed in my name with our address (I have now had it changed to include both our names and this should start next month)
Phone bills dated form when we moved in - first three months, and the last three months, which shows that we have been in the flat over a period of time.
Home insurance in my name (evidence of address - we were never told about the whole joint name thing else we would have done it earlier)
Car insurance in my name (evidence of address)

Im not sure what they mean by spread out over 2 years. MOst is from the time we have been in the new flat i.e. Nov 2006 til now and most is in my name. We can easily provide 20 docs from 5 sources but can someone please say if the above list at least MIGHT be OK?? The thing that frightens me the most is that the immigration people may just decide that not enough docs are present and she will ultimately just be thrown out. We are honest people. My wife works and earns a wage and I am a British citizen born and brought up here and studying my PhD. None of us have EVER taken a single penny from government funds and we have no plans to do so. I am so scared that the immigration people hold so much power that they could simply decide to throw my wife out, thus in essence stopping us from living together and being married.

Please Please can someone give some advice as to whether we have a good chance? We need to extend now because my wife came in 6 weeks after start date of visa because she had to finish her degree in India. Therefore she needs to complete the probationary period, and also needs time to pass the Life in Uk test. We are planning to request a 2 year extension to visa, or at least 1 year would be fine. Our main concern is the supporting documentation. WE will explain in a covering letter but are caseworkers all evil monsters?? Please help and forgive the melodrama of this post!

Locked