FLR M - now divorcing

[jooray]

Hi all
I'm a bit stressed, so apologies if these seem like questions i should be able to google to get answers to.
I have just renewed FLR M, so got another 2.5 years before ILR; but now we are definitely getting divorced for reasons I wont go in to. I have a messy immigration history including ancestry, ILR, then losing this due to being out of country too long, latest i was on FLR FP for 2.5 years - and changed to FLR m - I didnt realise i could have changed earlier.
Questions:
When should i tell home office about the relationship breakdown
a- now
b - when we move into different properties - relationship only broke down 2 days ago, we're still in same house
or c - when divorce is final - approx 7 months apparently
Also - any idea what i would now have to do. we have 3 children - all BC - age 17,7,5. would i have to move to parent route
If move to parent route, does my 5 years start again, from 0?
Thanks for any advice

[CR001]

Once relationship has broken down, you should inform HO on the relevant form.

https://www.gov.uk/visas-when-you-separate-or-divorce

Your visa might be curtailed/cancelled.

Yes you can switch to FLR(FP) Parent route or apply again for an Ancestry visa if you want to.

ancestry, ILR, then losing this due to being out of country too long,

How long were you away for? You could have simply applied for a Returning Resident visa.

When did you return to the UK and on what visa?

Every time you have switched, ie FLR FP to FLR M and if you switch again to FLR FP, your 5 year ILR clock resets to zero. You cannot combine FLR FP and FLR M time to make up 5 years for ILR. You can only combine them for 10 years long residence ILR.

[jooray]

Thanks for your reply; yes, in hindsight i now know i could have done many things differently, and over the years have really stuffed up. I was on visitor visa and put on flrfp, but this was after trying another one, but cannot recall exactly what that one was, it was refused.
Do you know if i can apply for ancestry again from within the uk, or would i have to be out of uk?
Also, do you know what would happen with IHS fee - i just paid this for the flrm renewal - would i get a refund and have to pay again, or no refund at all?
many thanks

[CR001]

Do you know if i can apply for ancestry again from within the uk, or would i have to be out of uk?

You would have to apply from abroad. It is the quickest visa route to be processed from abroad.

Also, do you know what would happen with IHS fee - i just paid this for the flrm renewal - would i get a refund and have to pay again, or no refund at all?

Whatever visa you apply for, you have to pay IHS again. You can request a refund of the overlapping amount, but it is not guaranteed.

[jooray]

Thank you; sorry, just to be clear - if i now have to go on parent route, would this add to the partner route im currently on for ILR? or would that also reset to 0? thanks

[CR001]

would this add to the partner route im currently on for ILR? or would that also reset to 0?

If you switch to FLR FP Parent route now, your 5 year ILR clock resets to zero. FLR FP Parent route and FLR M Spouse visa are two separate sets of rules, you cannot combine the time to make up 5 years for ILR. You need 5 years in a SINGLE visa category for ILR based on 5 years.

[jooray]

Sorry, i think i got confused, is the parent route also flr fp?

[CR001]

Sorry, i think i got confused, is the parent route also flr fp?

Yes. There is a 10 year parent route and a 5 year parent route.

[jooray]

thank you, i wrote that one before getting your above reply; makes sense, thank you

[jooray]

Hi. once i complete the form re change in circumstances/relationship change, would i wait and hear back from the HO, would they tell me what to apply for? or would I be expected to take initiative and apply for a different visa? thanks

[CR001]

You wait to hear back if your current visa is curtailed.

Ukvi dont tell ypu what to apply for, it is your responsibility to make sure you apply for a visa you qualify for.

[Salute]

Sorry, i think i got confused, is the parent route also flr fp?

Yes. There is a 10 year parent route and a 5 year parent route.

Please sorry to barge into your convo. This information is very vital to me. Please can someone with recourse to public funds on her flr fp biometric apply for the parent 5-year route flr m if she can meet the requirements? Thank you. I will appreciate your reply.

[Casa]

Please sorry to barge into your convo. This information is very vital to me. Please can someone with recourse to public funds on her flr fp biometric apply for the parent 5-year route flr m if she can meet the requirements? Thank you. I will appreciate your reply.

Please continue to post in your own thread, as this not only causes confusion but is unfair to the member who opened this topic.

[jooray]

So I have informed HO of marriage breakdown via the appropriate form. Just wondering if anyone has recent experience of how long it takes to hear back from them? A quick search notes weeks to months but wanted to know if any recent examples. Getting quite nervous about increase in ihs fees next year so hoping to hear from them soon, but not sure if this is totally unrealistic. Any thoughts? Many thanks

[AmazonianX]

So I have informed HO of marriage breakdown via the appropriate form. Just wondering if anyone has recent experience of how long it takes to hear back from them? A quick search notes weeks to months but wanted to know if any recent examples. Getting quite nervous about increase in ihs fees next year so hoping to hear from them soon, but not sure if this is totally unrealistic. Any thoughts? Many thanks

On here no recent example. Haven informed HO, what plans have you got in place for switching to ensure continued legal residence.

[jooray]

Hi, thanks for replying. I will go for parent route. Just to confirm, do I have to wait to hear from HO first? Or should I just go ahead and switch now? Would you recommend applying now to beat the fee increase? Thanks

[jhapali]

I went through the similar situation 5 years back. I informed the HO and switched to flr fp 5 year route within 2-3 weeks if I recall that correctly. I would have applied straightaway but I needed time for paperwork. I never got reply from HO on curtailment. But I did mention on covering letter that I had informed HO already about relationship breakdown.
If you can afford then just go for super priority, that's my opinion.

[jooray]

Thank you for replying. Interesting that you never heard back from them. Did you apply for refund on ihs fees?
Just checking also - would I definitely be covered by the 3C thing, if put in a switch/whilst awaiting?
I am in no rush for the switch visa to be approved as long as I'm covered by 3c, as I will complete 10 years prior to completing 5 years on new visa. I suspect I'll still have to extend unfortunately unless they really drag it out.

[jhapali]

Yes, I had got ihs back it was £300, for remaining 1.5 years. I received it automatically, I never applied anywhere. It was credited into my bank account. I highly believe you will be covered by 3c should you apply to switch to parent route. All the best.

[jooray]

Oh interesting. Many thanks for your well wishes. Glad yours was all sorted. Thank you

[jooray]

Hi again
So, I still have not heard back from HO re ?curtailment. I appreciate advice given so far, but just wanting some further advice.
Technically I'm still on my FLRM currently. If they get back to me and say visa is curtailed, and I then apply for something different (eg parent),would this time i'm in now (currently still married, with divorce proceeding started, so not in a lasting relationship) still count towards my overall 10 years? or would they count this time as a break in long residence?
I am still considering just applying for parent, before hearing back from them, but limited by funds, but also worried about the upcoming increase in IHS fees.
Any advice from mods? would you wait it out, to hear if visa is curtailed? or would you apply to switch now, before fee increase?
any personal thoughts greatly appreciated

[CR001]

Curtailment letters can take a few months to be sent out, assuming HO have your correct address. It is not an instantaneous process, especially not in December.

You can apply to switch to another visa you qualify for at any time. There is no rule that you must wait for a curtailment letter first.