FLR or ILR - which one?

[vish16]

Hi,

I sincerely hope you guys can help me on this matter.

I am British Citizen by birth married to wife from India.

My Wife got UK Entry Clearance with the dates as follows:
Valid From: 01/04/2005
Valid Until: 01/04/2007

She has the immigration stamp saying that she arrived in UK on 04/06/2005.
Do we need to apply for a Visa Extension (FLR) or do we need to apply for ILR?

What makes this matter more confusing is that there is a small paper attached to this passport page with the visa that says the follows:

Notice to Settlement Applicants:
You have been issued a visa as a spouse……. It is in your interests to use this visa to travel to the uk within 3 months of date of issue. This advice is being given to you as a result of the Home Office from 01.08.03 levying a charge to extend visas in the UK…………failure to use the visa within 3 months will result in a further charge to you, as it will be necessary to extend the visa when you are in the UK.

I really do hope you guys can help me on the matter as it is quite confusing.

Many thanks.

[John]

Vish16, I was beginning to wonder whether anyone would post this sort of message on this Board!

Have a look at this IND webpage. Hopefully you find it self-explanatory, and will thus appreciate that you have a "free extension", before an application is actually made for ILR.

Do appreciate that before your wife can actually apply for ILR ... given that the application date for ILR will clearly be after 01.04.07 ... she will need to present either a pass certificate from the Citizenship Test, or alternatively a completion certificate from a combined ESOL/Citizenship course.

[vish16]

John,

thanks for your top, top, top advice!!!!! seriously I thank you....

I owe you a pint!!!

Before posting here I had phoned the Home Office who said I have to get the FLR (2 months) AND then get the ILR which is a mouthwatering £1000 if I applied in person both times at Solihull Office!!!!!!!!!!!!!!!!!!!!!!!!!!

I intend to ring them tomorrow and quote them this website details and see how it pans out......

I just thought I should let everyone know what kind of advice they have given me...

thanks again for your help.........

[John]

Vish, as it says on that webpage, make the application for FLR not earlier than 28 days before the expiry date of the current visa. And indeed print out a copy of that webpage and include it with the application.

But for the subsequent ILR application, has your wife already started studying for the Citizenship Test? Or is she doing a combined ESOL/Citizenship course?

[vish16]

My wife will be going to see her tutor tomorrow about the citizenship test as her place of study does them, that base is covered. Also I have managed to get the dreaded documentary evidence sorted out as well.

John, sorry to sound naïve…… my interpretation from this website link that you provided is that I can apply straight for the ILR which is 01/04/2007 or is it 04/06/2007.

You mention that it is actually FLR I need to apply for which is free. Can you please, please provide a brief timetable of exactly when/what I need to apply for FLR and then ILR or is it just ILR I need to apply and when with dates......

Sorry if it seems like I ask too many Questions..............

[John]

Hi, I think the important bit from that webpage is :-

Anyone who received one of these letters and arrived in the UK 3 months or less after the date on the visa should not have to pay an additional fee over and above the one to be paid for their ILR application.

Which I am interpreting as .... a FLR application needs to be made ... but instead of being the usual £335 by post or £500 in person at a PEO ... that FLR application will be free!

However the subsequent ILR application will need to be paid for in the usual way.

And the FLR application needs to be made no earlier than 28 days before the stated expiry date on the existing visa, 01.04.07, that is, no earlier than 05.03.07.

Finally note that whilst I mention amounts of £335 and £500 above, there is no guarantee such amounts will apply from April. The Government is currently conducting a consultation exercise and many fees might change from April ... to what? Who knows?

[vish16]

John,

once again my sincere thanks for clearing up a few of my worries.

Vish16