OLD FLR(M) waiting times Thread

[saanju9]

Hi All,

Apologies if this question has been asked and answered many times before (I know it has been but I'm still confused!) and this is not the right forum.

I recently obtained my ILR under the 10 year long stay and was previously on PSW. My wife was a PSW dependent since 17 June 2011 and her visa expired on the 17 May 2013 . If I understand correctly, she was 1 month short of completing the 2 years period to qualify for ILR given that she was granted leave to remain before the 9th of July 2012?

We've therefore sent her FLR(M) by post on Friday (17th). However, some people (including lawyers) are now advising us to wait for the reference number and payment to be taken from HO and then switch the application directly to SET(M) given that by that time she will be within the 28 days period and qualify for ILR.

Is this correct? What's the risk?

Please advise.

Many thanks,

SGP

1. The PSW dependent visa will NOT count towards the settlement probationary period anymore after 6th April 2013.

2. You have to get your FLR(M) ... and wait 2 years (because your wife was granted dependent visa before 9th july 2012) to apply for her ILR...

Please see few cases in the ILR Long residency thread...Nats is a good example

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[SGP2103]

Thanks very much for your prompt reply saanju9.

Sorry to be a pain but could you please point me towards the links for the new changes on UKBA and the thread for Nat?

Spent last 30 minutes looking but too much discussion going on ILR long stay.

Many thanks

SGP

[saanju9]

Thanks very much for your prompt reply saanju9.

Sorry to be a pain but could you please point me towards the links for the new changes on UKBA and the thread for Nat?

Spent last 30 minutes looking but too much discussion going on ILR long stay.

Many thanks

SGP

Read the below

Check here for Nats discussions - check recent once thoroughly

See this post by Damanisshallo and read few more posts below


Click her to find information from UKBA website

Hope this helps..

[majojo]

Help help help. Hmmm hi guys am in a complex situation. I want to ask this so please any ideas will help. I applied flro but unfortunately my relationship has ended and soon ill have to divorce I want to ask if I have a 3 months old child with another woman can I still stay in the uk based on the child help giys

[mrgsingh]

Thank you for your reply.

I have been waiting for more than 1 month and there is not sign of any letters, I have called them they said that my wife application is still outstanding. Her passport and all her documents are with us now.

Do you know the UKBA address which deals with FLR(m)??

Hi guys,
Is there anyone here who can give me some advise on the following issue:

I have applied for my ILR along with my wife's FLR(M) on June 2012' I have got my ILR back around 1 month ago but they haven't send my wife visa yes. When we call UKBA they say her application is still outstanding but that they sent all her documents back in error. I am not sure what I need to do now I don't want to send back all her documents without any confirmation from them.
Please help me in this matter if you can.

Thank you.

Hi,

I had same case that i sent my and spouse visa to ILR and FLR M, I got my ILR previous week with some documents back and also with a letter from UKBA inwhich they said your remaining documents have sent to FLR M dept for your spouse visa. After three/four days i got my wife FLR M with rest of the documents.

If they have sent all documents back as mistake then ask UKBA either you need any document or not But generally if UKBA need any document then they will write to you and of course this will take time. If you want to save time then call or write to FLR M.

Hi...I am also in the same situation. I received my ILR appox a month back and they sent me all my original documents back however my wife
s FLR (M) is still outstanding. I called UKBA and was advised to send all the documents back to UKBA. I sent all the docs back to UKBA a week ago and still waiting for my wife's passport. Whenever I call them, they say it's not completed.................

[coco__nutty]

Got some post today - 2 weeks after giving biometrics - to be honest, was shaking convinced it was a rejection (paranoid me despite submitting more than enough evidence and my husband earning times more than minimum financial requirement!)

Applied 27.04.13
Acknowledgement 05.05.13
Bio's Letter 13.05.13
Bio's Given 14.05.13
Passport AND BRP received 23.05.13

I am amazed, having read many a horror stories!

I really hope this is a sign of good things happening! Hope you all receive positive outcomes soon, so that you can go see your families and finally relax!

[saanju9]

Help help help. Hmmm hi guys am in a complex situation. I want to ask this so please any ideas will help. I applied flro but unfortunately my relationship has ended and soon ill have to divorce I want to ask if I have a 3 months old child with another woman can I still stay in the uk based on the child help giys

You Need a Dirty Lawyer

[z18runway]

Any good news ?

[waitingformonths]

FLR(M)
submitted on: 09-Jan-2013
payment taken on: 11-Jan-2013
acknowledgement letter: on 18-Jan-2013
biometrics letter received on: 06-Feb-2013
biometrics done on: 11-Feb-2013

flr stamped: 28-mar-2013
documents received: 04-apr-2013

[Kallmay]

Please help what shall we do with my husband's FLR(M) application. He supposed to fall on PRE-9th JULY 2012 RULE FINANCIAL REQUIREMENT but we did it on NEW RULE financial requirement. Shall we write ukba that my husband is supposed to be in the Pre-9th July Rule not in the new rule. Please advise... Thank you.

[Damanisshallo]

Please add your timeline to the Skydrive for FLR(M) http://sdrv.ms/Z5FYm3

[Xiaozhu]

Hi all

My husband was granted his FLRM a few months back (after a 7 month wait!) having switched from a fiancee visa. He applied for his FLRM after 8 July 2012 and the visa was granted under the new rules.

However, given that he applied for his fiancee visa a full month before 8 July 2012, should his FLRM application have been decided under the old rules? And if so, how do we get the UKBA to change it?

The other thing is, will the fact that we will be out of the UK for quite a lot of the time (due to work commitments) affect his eventual application for settlement? I know it would affect a citizenship application but we have no plans for that atm.

Apologies if this questions has been asked before! But there seems to be quite a lot of confusion over these issues.

Thanks.

[oishola77778]

Hi all

My husband was granted his FLRM a few months back (after a 7 month wait!) having switched from a fiancee visa. He applied for his FLRM after 8 July 2012 and the visa was granted under the new rules.

However, given that he applied for his fiancee visa a full month before 8 July 2012, should his FLRM application have been decided under the old rules? And if so, how do we get the UKBA to change it?

The other thing is, will the fact that we will be out of the UK for quite a lot of the time (due to work commitments) affect his eventual application for settlement? I know it would affect a citizenship application but we have no plans for that atm.

Apologies if this questions has been asked before! But there seems to be quite a lot of confusion over these issues.

Thanks.

@ Xiaozhu,

Firstly your husband's application was considered under the ''correct'' rule based on date of submission, been on fiance visa applied for before rule change does not impact consideration of FLR(M) application as they are both seperate.

You have asked if your been away due to work commitment will affect his settlement application, the answer is NO assuming you are both away together and have prove that you both have UK as place of permanent resident(pay UK Tax e.t.c), but most likely YES if your husband is away on his own without you, there might be questions asked about genuity of the marraige, thou there might be several factors at your disposal to prove subsiting marriage like having children together.

[Xiaozhu]

Thanks for the reply. I think that is correct about the time spent outside the UK - it is for British citizenship that you need to spend the three years etc.

Not sure about the rules thing though. I understand that it is when you started your 'route into the UK' (i.e. by applying for a family visa - including a fiance visa) that is important. I did actually call the UKBA yesterday (who answered the phone immediately - amazing!) and they confirmed that this was the case, although the people on the end of the phone are sometimes not particularly clued up. She advised me to write to the caseworker who decided our application and ask them to change the visa terms.

I would be grateful for some input from Damanishallo on this one?

Thanks very much.

[Damanisshallo]

Hi all

My husband was granted his FLRM a few months back (after a 7 month wait!) having switched from a fiancee visa. He applied for his FLRM after 8 July 2012 and the visa was granted under the new rules.

However, given that he applied for his fiancee visa a full month before 8 July 2012, should his FLRM application have been decided under the old rules? And if so, how do we get the UKBA to change it?

Your husband should've been considered under old rules. You can try writing a reconsideration letter to the case worker who dealt with your husband's application.

The other thing is, will the fact that we will be out of the UK for quite a lot of the time (due to work commitments) affect his eventual application for settlement? I know it would affect a citizenship application but we have no plans for that atm.

There is no such rule for dependents with regards to the time spent outside the UK.

The Immigration Rules do not say that you must have been in the UK for the entire 5 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.

However, time spent outside the UK does make a difference to applications for British citizenship. If you apply to be naturalised as the husband, wife or civil partner of a British citizen, you must show that you have been living in the UK for the last 3 years (the 'residential qualifying period'), and that you have spent no more than 270 days outside the UK during those 3 years. Also, you must have spent no more than 90 days outside the UK in the last 12 months of the 3-year period. (We have discretion to allow absences above the normal limits in some circumstances.)

[Xiaozhu]

Thank you for the responses, both.

And congrats to all getting their visas granted - it seems to be happening much quicker these days.

[lck]

Hi everyone. I received my ILR 10 year after 8 months wait. We have applied for my wife's FLR M already in April before my ILR was approved as my wife's visa was expiring in april. Now as I have received ILR BRP card and passport and still waiting for my wife's FLR M , Do I need to send my BRP card to UKBA to support my wife's FLR M or do I just keep on waiting? Can someone please help and advise me what to be done. Thanks

[Damanisshallo]

Do I need to send my BRP card to UKBA to support my wife's FLR M or do I just keep on waiting? Can someone please help and advise me what to be done.

Try sending scanned copies to Accessionenquiries@ukba.gsi.gov.uk and UKBApublicenquiries@ukba.gsi.gov.uk clearly mentioning your partner's both Ack Ref No & the Case ID from her Biometric Invitation Letter. However, there have been instances where members have done nothing but to wait and their partners had their Further Leaves granted. Alternatively, you can post copies to

FLR (M)
Customer Contact Centre,
UK Border Agency, PO Box 3468, Sheffield, S3 8WA
Tel: 0114 207 4074
Fax: 0114 207 5861 or use 01142072536 (working)

[vix789]

Hello everyone,
I have got ILR based on 14 years long residency. I have been reading on UKBA website about partners of a settled person and got confused. here are my few questions,

1. My partner who is on a student visa which was granted before 9 july 2012 would he be able to apply FLR based on rules before 9 july 2012?
(We have been living together for more than 2 years)

2. Secondly about the maintenance there is no specific information what are the requirements?

i would really appreciate if someone can clarify me on these matters.

Thank you.

[Damanisshallo]

1. My partner who is on a student visa which was granted before 9 july 2012 would he be able to apply FLR based on rules before 9 july 2012?(We have been living together for more than 2 years)

Was he on Student dependant?

[vix789]

1. My partner who is on a student visa which was granted before 9 july 2012 would he be able to apply FLR based on rules before 9 july 2012?(We have been living together for more than 2 years)

Was he on Student dependant?

No he is on a normal student visa.

[Damanisshallo]

I have got ILR based on 14 years long residency. I have been reading on UKBA website about partners of a settled person and got confused. here are my few questions,

1. My partner who is on a student visa which was granted before 9 july 2012 would he be able to apply FLR based on rules before 9 july 2012? (We have been living together for more than 2 years)

Since your partner was on his own right (Student and not Spouse), it doesn't matter how long he's been with you. Because this will be the first time he'll be using FLR(M), he'll be considered under new rule (Post 9 July) reading dependents of Long Residency applicants might help you clear the mist

2. Secondly about the maintenance there is no specific information what are the requirements?
This leads you to answer few more questions. Have you got any children? If so, How many? Are they under Immigration Control?

Because, your partner would be considered under new rules, he will have to meet the Financial Requirement. Read through, this and you'll find different options to meet the FM requirement.

On a simple note, If you have no children then your's & your partner's combined income should be over £18600. If it is any less than that, you can use your savings to compensate this. Try using savings calculator to see how much savings you'll need if you are short on income.

[vix789]

I have got ILR based on 14 years long residency. I have been reading on UKBA website about partners of a settled person and got confused. here are my few questions,

1. My partner who is on a student visa which was granted before 9 july 2012 would he be able to apply FLR based on rules before 9 july 2012? (We have been living together for more than 2 years)

Since your partner was on his own right (Student and not Spouse), it doesn't matter how long he's been with you. Because this will be the first time he'll be using FLR(M), he'll be considered under new rule (Post 9 July) reading dependents of Long Residency applicants might help you clear the mist

2. Secondly about the maintenance there is no specific information what are the requirements?
This leads you to answer few more questions. Have you got any children? If so, How many? Are they under Immigration Control?

Because, your partner would be considered under new rules, he will have to meet the Financial Requirement. Read through, this and you'll find different options to meet the FM requirement.

On a simple note, If you have no children then your's & your partner's combined income should be over £18600. If it is any less than that, you can use your savings to compensate this. Try using savings calculator to see how much savings you'll need if you are short on income.

Thanks alot for the prompt reply. Yup i quickly skimmed through the links you sent. It seems like a exhaustive list of financial requirements when you dont earn £18600. However i found this on UKBA website does it not mean that my partner will come under old rules.. Here is the extract for the applicants who applied on or before 9 july for a visa in uk.

Can you 'switch' if you are already in the UK?

You may be allowed to switch into the category of husband, wife or civil partner if:

- you are currently in the UK with permission as a fiance(e) or proposed civil partner, or as the husband, wife, civil partner or unmarried/same-sex partner of a relevant points-based system migrant, and you are still with the same husband, wife or partner; or
- you entered the UK in a different immigration category (for example, as a student), and you have been given permission to live here for a total of more than 6 months since your most recent admission to the UK. For example, you can switch if we gave you a 3-month visa and then permission to remain for 5 months, totalling 8 months. Your current permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules).

Thanks . Help much appreciated!!

[Maliksahb]

Do I need to send my BRP card to UKBA to support my wife's FLR M or do I just keep on waiting? Can someone please help and advise me what to be done.

Try sending scanned copies to Accessionenquiries@ukba.gsi.gov.uk and UKBApublicenquiries@ukba.gsi.gov.uk clearly mentioning your partner's both Ack Ref No & the Case ID from her Biometric Invitation Letter. However, there have been instances where members have done nothing but to wait and their partners had their Further Leaves granted. Alternatively, you can post copies to

FLR (M)
Customer Contact Centre,
UK Border Agency, PO Box 3468, Sheffield, S3 8WA
Tel: 0114 207 4074
Fax: 0114 207 5861 or use 01142072536 (working)

Hi Lck,

I had a same situation then i called Ukba and they told me that i only need to send my documents if UKBA ask me to send. UKBA also said FLRM team can see the status in our system that you have been granted ILR. Anyhow i did not send my BRP to FLR (M) and got wife FLR M later on.

[lck]

Thank you Damanisshallo and Maliksahb for ur help.