ILR or FLR ?

[Pyromaniac]

Hi all - long time since my last post and I notice things have moved around a bit !

Quick question . .

Wifes 2 year FLR visa expires end of May - we got this in person at Croydon just after we got married.

Wife left for Bali (alone) a few weeks later to finish her contract before moving to UK full time.

This was a 6 month absence from the UK after she got FLR at Croydon, she has been here full time ever since - no other trips abroad or absences from the UK.
Pity her passport will show the dates of entering and leaving Bali and returning to UK - but I digress ...

Am I correct in thinking she should forget an ILR application and apply for a further FLR visa ?

And that we dont need to go to Croydon, but instead should just post off everything by recorded delivery a week or so before her present FLR expires ?

Many Thanks

Gerry

[vinny]

See also Spouse Visa FLR M to SET M

[Pyromaniac]

Thanks Vinny - I have the SET M form and guidance notes already downloaded

4.5. Further guidance

There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom. These factors will need to be considered against the requirements of the Rules.

So does this mean we should be looking to use the SET M form and not be seeking FLR ?

I highlighted the bold in the quote above -

1. where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him.

I assume this does not count for my wife as it was not employment by a UK concern that was her reason for leaving the UK again after our marriage - but to continue and terminate her Indonesian work ? So effectively she left the UK after gaining her Spouse visa here for 6 months giving her only 18 months actual residency - or does the fact she became resident before she left alter this ?

2. whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom.

We did not, she had a good full time job in Bali prior to coming here to get married, and we were both loath to have her terminate this early and lose out on bonuses in the event there was any problem with the Spouse visa and she had to return.
I of course stayed here to continue my employment.

I would have thought Further Leave to remain was her only option - to make up the 'missing' 6 months.

There have been no out of country trips by either of us since she returned to the UK.

Regards

Gerry

[vinny]

She could try applying for SET(M). Include a good covering letter, explaining her circumstances, with any proof that you and she had maintained regular communication during her time outside the UK.

[Pyromaniac]

A quick update to my thread !

We (she) applied by post about 5 days before her FLR expired (May 30) with all the usual documents, and just a letter outlining what documents we submitted and what she was applying for
- did nothing else - on the basis if there is anything they want to know they will ask.

This morning all our paperwork came back, plus her KOL pass sheet and things like that, they dont appear to have kept anything at all.

But in her passport is a shiny new ILR sticker

I was concerned at first as the HO letter enclosed said it was an extension of stay - then realised - well - it is !

I thought maybe they had extended the FLR, but the vignette says as plain as day Indefinite Leave to Remain, no conditions attached and no expiry date

She will be happy when she gets home from work.

I assume we wont have to trouble ourselves with all of this voluntary work stuff that is being thrashed out ?

She wont be going for Citizenship - as being Indonesian she is not allowed dual Nationality, and would lose much of was she has in Indonesia should she give that up.

Thanks to everyone who has helped us out over the past 2 1/2 years.

Gerry