First flrm visa expiring

[jorgos82]

My current spouse visa expires on 04/12/2016.

Is it too late to send on Monday 05/12/2016 or it has to be sent today?

[CR001]

Date of application is the date of posting and this should be no later than the last date of your visa validity. Tomorrow being a Sunday, is not going to help you then.

Why have you left it so late??

[Casa]

As CR001 has pointed out. There's no postal service on a Sunday and you've probably missed the last post today.

[Casa]

In this previous thread you wrote that your wife's FLR(M) visa was expiring in August,

http://www.immigrationboards.com/immigr ... l#p1039995

[vinny]

It makes sense, if they granted her first FLR(M) on Wednesday, 4 June 2014.

Why have you left it so late??

Some selected Post Offices do open on Sundays. However, best to post her application off today. Keep proof of date of posting.

[jorgos82]

HI all,

thanks for your answers.

left it to wife this time and she though her visa expires on 14th this month.

@Casa that was her first 2.5year visa back in 2014. Dont really remember it now, might have put wrong month

[vinny]

Moreover, it may be better to use the Royal Mail, few of which may be open on Sundays?

Not sure if the UKVI differentiates between the Royal Mail and Post Office?

[jorgos82]

I`ll probably have few questions about appliciation as I`m filling it out.


When did your sponsor obtain settlement?

Shall I put date of indefinite visa or citizenship?

Also, financial requirment.

We have £6.600 from 2 lodgers and just over £12,000 for paye.
Would any proof apart from bank statement be needed for lodger income? Rent agreements etc etc

[jorgos82]

HI,

following my previous question we realised that we can't use income from lodgers for financial purposes so my wife will have to leave country.

As her visa expires tomorrow 04/12/2016 can she leave tomorrow or ideally today?

And second question:

We checked "do I need visa for uk" on Gov website and it came with:
You don’t need a visa if you’re visiting family or a partner for 6 months or less.

So, we were thinking if she leaves for few weeks and come back to stay until I build up sufficient evidences to apply for new visa. She is Brazilian so can get visitor visa on airport.
Do you think she will have problem coming back in this way?


Many thanks

[CR001]

Topics merged.

Please keep ALL your questions regarding your spouse in one thread.

[CR001]

And second question:

We checked "do I need visa for uk" on Gov website and it came with:
You don’t need a visa if you’re visiting family or a partner for 6 months or less.

So, we were thinking if she leaves for few weeks and come back to stay until I build up sufficient evidences to apply for new visa. She is Brazilian so can get visitor visa on airport. Expect questions when she arrives as she is clearly not a 'genuine visitor', especially as she has resided in the UK for a couple of years and won't have evidence of ties to her home country.

Do you think she will have problem coming back in this way? Expect questions when she arrives as she is clearly not a 'genuine visitor', especially as she has resided in the UK for a couple of years and won't have evidence of ties to her home country.

Many thanks

She will also have to leave the UK, if she is allowed to enter, after her 'visit' as she cannot switch to any other visa on visitor status. She will also have to start her 5 years residence again from scratch with a spouse visa application from her home country.

[jorgos82]

And second question:

We checked "do I need visa for uk" on Gov website and it came with:
You don’t need a visa if you’re visiting family or a partner for 6 months or less.

So, we were thinking if she leaves for few weeks and come back to stay until I build up sufficient evidences to apply for new visa. She is Brazilian so can get visitor visa on airport. Expect questions when she arrives as she is clearly not a 'genuine visitor', especially as she has resided in the UK for a couple of years and won't have evidence of ties to her home country.

Do you think she will have problem coming back in this way? Expect questions when she arrives as she is clearly not a 'genuine visitor', especially as she has resided in the UK for a couple of years and won't have evidence of ties to her home country.

Many thanks

She will also have to leave the UK, if she is allowed to enter, after her 'visit' as she cannot switch to any other visa on visitor status. She will also have to start her 5 years residence again from scratch with a spouse visa application from her home country.

Thanks for your time.
Yes we are aware of her having to leave and loosing first part of flrm but it is what it is.

Main concern is they would let her back into country to be honest.

[Casa]

She may have a problem re-entering as a visitor.

[jorgos82]

Could you advise how is best to consult with, Immigration solicitor or?

[Casa]

Regarding what exactly? Entering as a visitor or applying for a new spouse visa?

[jorgos82]

Regarding what exactly? Entering as a visitor or applying for a new spouse visa?

Entering as a visitor?

Is article below still valid, maybe she doesnt need to leave uk tomorrow.

https://www.citizensadvice.org.uk/law-a ... ayed-visa/

[Casa]

If your wife is going to re-apply for a spouse visa from outside of the UK, it won't be refused under 320(7b) due to overstaying.

There's no need to jump on a plane back to Brazil tomorrow.

[Casa]

You could take a shot at submitting a FLR(FP) Partner route application from within the UK, although there's no guarantee it will be approved.

It may give you the time however to meet the £18,600 minimum income level and then vary the application to FLR(M).

https://www.gov.uk/government/uploads/s ... _11-16.pdf

[jorgos82]

If your wife is going to re-apply for a spouse visa from outside of the UK, it won't be refused under 320(7b) due to overstaying.

There's no need to jump on a plane back to Brazil tomorrow.

We already booked flight to Austria so she visits Auntie and try to come back in a week or two as visitor.

Can FLRM be changed into visitor visa from inside the uk maybe?

[Casa]

If your wife is going to re-apply for a spouse visa from outside of the UK, it won't be refused under 320(7b) due to overstaying.

There's no need to jump on a plane back to Brazil tomorrow.

We already booked flight to Austria so she visits Auntie and try to come back in a week or two as visitor. Very risky The expired visa will flag up with the Immigration Officer at UK Border Control.

Can FLRM be changed into visitor visa from inside the uk maybe? NO

[Casa]

If your wife leaves the country and re-enters as a visitor (or attempts to), ignore the advice of the FLR(FP) option. It will no longer be open to you.

[jorgos82]

If your wife is going to re-apply for a spouse visa from outside of the UK, it won't be refused under 320(7b) due to overstaying.

There's no need to jump on a plane back to Brazil tomorrow.

We already booked flight to Austria so she visits Auntie and try to come back in a week or two as visitor. Very risky The expired visa will flag up with the Immigration Officer at UK Border Control.

Can FLRM be changed into visitor visa from inside the uk maybe? NO

WIll quickly check flr(fp) but both of us still trying to find jobs after long holidays and it looks like there is no refund if they refuse it.

So, it's better if she stay in uk and we have 28 days to see what we can do?

[CR001]

So, it's better if she stay in uk and we have 28 days to see what we can do?

It is not 28 days any longer. It has been reduced to 14 days. 'Forgetting' to renew your visa in time before expiry is likely to be frowned upon by HO.

[Casa]

So, it's better if she stay in uk and we have 28 days to see what we can do?

It is not 28 days any longer. It has been reduced to 14 days. 'Forgetting' to renew your visa in time before expiry is likely to be frowned upon by HO.

...and if neither of you are employed at present and unable to meet the £18,600 p.a income level, how will this situation change in 14 days?

[jorgos82]

I can't think anymore to be honest.

Thank you both very much.

She will be going to visit Auntie and will try to come back in few weeks as a visitor.

I`ll visit immigration solicitor in the meantime.