FLM date confusion

Old Oct 29th 2018, 10:28 am
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Default 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
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Old Oct 29th 2018, 12:00 pm
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Default 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.
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Old Oct 29th 2018, 3:40 pm
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Default Re: FLM date confusion

Originally Posted by BritInParis View Post
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?

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Old Oct 29th 2018, 3:58 pm
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Default Re: FLM date confusion

Originally Posted by Perth View Post
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
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.
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Old Oct 29th 2018, 4:12 pm
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Default 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

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
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Old Oct 29th 2018, 4:16 pm
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Default Re: FLM date confusion

Originally Posted by Perth View Post
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
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.
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Old Oct 29th 2018, 4:39 pm
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Default Re: FLM date confusion

Thanks BiP
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Old Oct 29th 2018, 7:29 pm
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Default 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
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Old Oct 30th 2018, 10:44 am
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Default Re: FLM date confusion

Originally Posted by michali View Post
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.
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Old Nov 1st 2018, 9:06 am
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Default 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.
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Old Nov 1st 2018, 12:06 pm
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Default Re: FLM date confusion

Originally Posted by Log on View Post
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.
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Old Nov 1st 2018, 2:32 pm
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Default 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!
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Old Nov 1st 2018, 2:36 pm
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Default 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.
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Old Nov 2nd 2018, 7:32 am
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Default 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?
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Old Nov 2nd 2018, 12:48 pm
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Default 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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