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Overstaying a finace VISA while waiting for your FLR (m)

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

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fathands
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Overstaying a finace VISA while waiting for your FLR (m)

Post by fathands » Mon Jan 08, 2018 11:05 am

Hi all,

I wonder if anyone can advise.

My american wwife had a her 6 month fiance visa granted in July 2017 and she arrived in the UK in August last year. We were married in October and the paperwork for our FLRm was sent off.

We've not heard back from HO and her fiance VISA runs out on January 17th. We've emailed asking for a return of her passport because we're worried that if she overruns the the 6 month visa her FLRm won't be granted.

Can anyone advise what we do if it doesn't arrive in time?

Also if she does get the passport back and leaves the country on the 16th January can she return again the following day on a standard tourist visa while we wait for the FLRm to be granted?

Many thanks

E

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CR001
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Re: Overstaying a finace VISA while waiting for your FLR (m)

Post by CR001 » Mon Jan 08, 2018 11:47 am

If she applied for FLR(M) before her fiance visa expired, she is covered under Section 3C of the immigration rules, i.e. that her expired visa conditions continue.

She cannot leave the UK while she has an application pending with HO. My understanding is that it will automatically be withdrawn.

You are stressing for no reason. She won't be an overstayer.
Char (CR001 not Casa)
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fathands
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Joined: Thu Jan 05, 2017 3:48 pm

Re: Overstaying a finace VISA while waiting for your FLR (m)

Post by fathands » Mon Jan 08, 2018 12:22 pm

Thank you so much for settling my mind.

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CR001
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Re: Overstaying a finace VISA while waiting for your FLR (m)

Post by CR001 » Mon Jan 08, 2018 12:56 pm

You're welcome.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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