British Expats

British Expats (https://britishexpats.com/forum/)
-   Citizenship/Passports and Spouse/Family Visas (UK) (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/)
-   -   FLM date confusion (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/flm-date-confusion-918771/)

Perth Oct 29th 2018 9:28 am

FLM date confusion
 
Hello lovely people!

Hubby's spouse visa was issued March 21, 2017. If you count 2.5 years from then you come up with Sept 21, 2019, yes?

How is it that his BRP expiry date is Dec 21, 2019? And when do we need to apply for FLM?

Thank you :thumb:

BritInParis Oct 29th 2018 11:00 am

Re: FLM date confusion
 
It’s 30 months if you applied from within the UK; 33 months if you applied from outside the UK. You should apply around two weeks before the expiry date of the BRP.

Perth Oct 29th 2018 2:40 pm

Re: FLM date confusion
 

Originally Posted by BritInParis (Post 12584587)
It’s 30 months if you applied from within the UK; 33 months if you applied from outside the UK. You should apply around two weeks before the expiry date of the BRP.

Ohhh, OK, we applied from outside the UK.

Funny, in all the years I have been following this issue, never saw anything else other than 2.5 years mentioned for the first visa.

So now, dumb question maybe, but will ILR require only 30 months as we will be applying for that within the UK?

Thanks BiP! You're magic :starsmile:

BritInParis Oct 29th 2018 2:58 pm

Re: FLM date confusion
 

Originally Posted by Perth (Post 12584710)
Ohhh, OK, we applied from outside the UK.

Funny, in all the years I have been following this issue, never saw anything else other than 2.5 years mentioned for the first visa.

So now, dumb question maybe, but will ILR require only 30 months as we will be applying for that within the UK?

Thanks BiP! You're magic :starsmile:

The three months ‘extra’ was designed to give you time to make the move to the UK. That practicality ended with the 30 day vignettes but the 33 month validity continues.

ILR requires 60 months residence.

Perth Oct 29th 2018 3:12 pm

Re: FLM date confusion
 
[QUOTE=BritInParis;12584715]The three months ‘extra’ was designed to give you time to make the move to the UK. That practicality ended with the 30 day vignettes but the 33 month validity continues.

ILR requires 60 months residence.[/QUOTE

:sneaky: No wonder I am perpetually confused. Home Office is having a laugh.

Not following...ILR applied after 60 months TOTAL residence? So would that be 27 months after FLR (since we had 33 before?)

Sorry if I am being utterly thick. This whole thing is doing my head in :blink:

BritInParis Oct 29th 2018 3:16 pm

Re: FLM date confusion
 

Originally Posted by Perth (Post 12584719)
:sneaky: No wonder I am perpetually confused. Home Office is having a laugh.

Not following...ILR applied after 60 months TOTAL residence? So would that be 27 months after FLR (since we had 33 before?)

Sorry if I am being utterly thick. This whole thing is doing my head in :blink:

Yes, 60 months total residence so if you apply at the end of the initial 33 months for FLR you’ll have three months leeway when it comes to applying for ILR.

Perth Oct 29th 2018 3:39 pm

Re: FLM date confusion
 
Thanks BiP :thumb:

michali Oct 29th 2018 6:29 pm

Re: FLM date confusion
 
Hi Perth! Doesn’t time fly?! You have this to look forward to as well! A new system for applying.

https://legalcentre.org/files/UK_UK_...s_Oct_2018.pdf

Perth Oct 30th 2018 9:44 am

Re: FLM date confusion
 

Originally Posted by michali (Post 12584836)
Hi Perth! Doesn’t time fly?! You have this to look forward to as well! A new system for applying.

https://legalcentre.org/files/UK_UK_...s_Oct_2018.pdf

Yes indeed, although I still have over a year left to worry about it!
Thank you for the link.

Log on Nov 1st 2018 8:06 am

Re: FLM date confusion
 
My vignette is Nov 1-Dec 1, and my initial 33 months period starts from Nov2018 to Aug2021.
Can I fly to UK in Nov to pick up my BRP then return to my home country to arrange the move say for 60 days?
Then return to UK and start counting my days from Jan 2019 to Aug2021?
I am sorry I am confused with how this works. Please advise.

BritInParis Nov 1st 2018 11:06 am

Re: FLM date confusion
 

Originally Posted by Log on (Post 12586106)
My vignette is Nov 1-Dec 1, and my initial 33 months period starts from Nov2018 to Aug2021.
Can I fly to UK in Nov to pick up my BRP then return to my home country to arrange the move say for 60 days?
Then return to UK and start counting my days from Jan 2019 to Aug2021?
I am sorry I am confused with how this works. Please advise.

Yes, you can do that, but your residence will still be counted from your initial entry into the UK.

Log on Nov 1st 2018 1:32 pm

Re: FLM date confusion
 
Pls excuse me as I am really dumb and cannot fully understand this.
And it is very important for me not to misunderstand any single word during my whole experience in the settlement application...

"but your residence will still be counted from your initial entry into the UK"
it means the 5 year route 60 months continuous period will be counted from the first date I arrive LHR in Nov even I only stay for a day to pick up the BRP?
Despite I have 33 months in the first visa and 30months in the renewal, I cannot ignore the 60days absence from Nov to Dec2018 to prepare for the move back in my home country and count the 450 days absence from Jan2019 onwards?

Please further explain for me. Much appreciated for your advice!

BritInParis Nov 1st 2018 1:36 pm

Re: FLM date confusion
 
No, you cannot ignore the 60 days absence, but it won’t affect your ability to apply for FLR or ILR providing your other absences are relatively short.

Log on Nov 2nd 2018 6:32 am

Re: FLM date confusion
 
Thanks a lot. I have 2 more questions need to make clear.
What if I have say 365 days absence in my first 33mths visa? for sure I can't apply the ILR because I wouldn't have enough absence days left for my 30mths renewal visa. What do I have to do if it happens? Restart the visa application again?

And for the 450 days rule over the 5 years period, it applies to Sponsor / Spouse / Dependents?

BritInParis Nov 2nd 2018 11:48 am

Re: FLM date confusion
 
Spouse visas don’t have a fixed maximum number of days you can be absent from the UK. You should be spending the majority of your time in the UK however as you will still need to be considered ordinarily resident in the UK if you don’t want to endanger your ability to apply for FLR or ILR. Is this just a hypothetical scenario or do you intend to spend large amounts of time outside the UK?


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