ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Time out of the UK

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Locked
hip999
Newly Registered
Posts: 17
Joined: Wed Apr 18, 2012 11:44 pm
Location: London

Time out of the UK

Post by hip999 » Sun Nov 02, 2014 12:18 am

I have an FLR(M) issued 1st March 2013 (so is 20 months through the necessary 60 months period before applying for ILR); the FLR(M) is based on a 2 year period Oct 2010 to Oct 2012 living with my UK citizen partner.
Both of us are considering moving to live in my own country (Asia) but my partner has some health issues and that may cause us eventually to have to return to the UK. We had thought that might be after one year but it could be sooner. During the time in my Asian country we would continue to live together and to retain records to prove that fact.
The problems are:
(1) Under the rules of the new 5 year route, I have to renew my Visa after 30 months (i.e. August 2015). If I am not in the UK at that time then I assume my FLR(M) will lapse and I will have to re-apply before I can re-enter the UK with my partner. Is this correct?
(2) Is there any time-limit out of the UK during an FLR(M) Visa period which would mean I would have to start from scratch again (i.e re-apply for an FLR(M) as if it was a [b]new[/b] application) or does it just have to be 5 years spent within the UK in total?
(3) If I waited to leave the UK until [b]after I extended[/b] my FLR(M) then would that allow me to spend a year outside the UK without delaying my application for an ILR when I return?
(4) Are there any issues which would make applying for the new FLR(M) or an extension to my current FLR(M) (whichever is required) a problem if it was applied for whilst out of the UK?

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Time out of the UK

Post by vinny » Sun Nov 02, 2014 12:35 am

You cannot apply for FLR(M) from outside the UK. Not sure if applying for a new spouse visa from outside the UK will reset the qualifying period for SET(M).
Option 3 may be best.

For your information here's an old snapshot relating to time spent outside the UK.

See also 4.3 and 4.4 of Annex FM 1.0a: Family Life (as a Partner or Parent): 5-Year Routes.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Locked