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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
The reason why I have not applied for her before because she travelled to back home in January 2019 and came back to the UK in June 2019Casa wrote: ↑Sun Jul 28, 2019 2:39 pmWhy did you choose not to switch your wife's visa category to FLR(M) when you were granted ILR under Long Residence in 2018? Switching will re-set your wife's immigration residence to zero, putting her on a new 5 year path to settlement (ILR).
She may now be put on a 10 year route to settlement (2.5 years x 4) under the FLR(FP) Partner route due the late submission of her FLR(M) application.
I didn't knew about that she can't travel until change the visa type. Thanks for the help.Casa wrote: ↑Sun Jul 28, 2019 9:14 pmYour wife was fortunate not to have experienced problems re-entering the UK when you had been granted ILR under long residence. The advice generally is not to travel outside of the UK until the FLR(M) visa has been issued.
Your legal advisor is optimistic that the late date of the application will be overlooked, but as your wife is the applicant I doubt that your own illness will carry much weight as the reason for the oversight. Your wife is responsible for submitting the application on time.
I hope I'm wrong.
Definitely write a letter to explain your circumstances, tell them you have kids... Try to go under the compassionate angle. Because what you are trying to avoid here is they ask her to go back home and apply from outside the UK as she has no right to reside in the UK at the moment. So she is legally not entitled to apply from here but from her home country. Considering that she spent 6 months in her home country this year, they will see no issue for her going back there to apply from the Embassy. It's pain, that why you have to try to invoke some compassionate reason in the hope they will accept it.
Just write a simple covering letter and describe the reason of out of time application. Also attach your GP note. If that will not work then in worst case she will at least be granted with flrfp visa under 10 years of route. All of her previous visas will be counted towards ILR under 10 years of long residence.