Further leave to remain visa
Jul 25th 2017, 6:40 am
#16
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Re: Further leave to remain visa
Hello,
I called the home office and the guy who answered told me that I CAN'T apply 28 days before my husband has completed 30 months in the UK. He said that I can only apply 28 days before the visa expires and that if I apply now the application would be rejected.
I am writing this here so it can be of use to other people who are in the same situation. I don't know which is the truth but I am going to apply 28 days before the visa expires, I can't risk.
My marriage certificate is in Japanese and we officially translated it for the 1st visa, I asked if we can use the same translation (2.5 years old) and he said no problem.
I was hoping to do the visa now and forget about it but I can't. I will apply at the beginning of October so I've got another 2 months of freedom! Hooray!
Thanks for your help!
I called the home office and the guy who answered told me that I CAN'T apply 28 days before my husband has completed 30 months in the UK. He said that I can only apply 28 days before the visa expires and that if I apply now the application would be rejected.
I am writing this here so it can be of use to other people who are in the same situation. I don't know which is the truth but I am going to apply 28 days before the visa expires, I can't risk.
My marriage certificate is in Japanese and we officially translated it for the 1st visa, I asked if we can use the same translation (2.5 years old) and he said no problem.
I was hoping to do the visa now and forget about it but I can't. I will apply at the beginning of October so I've got another 2 months of freedom! Hooray!
Thanks for your help!
Jul 25th 2017, 9:00 am
#17
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Re: Further leave to remain visa
Jul 25th 2017, 10:27 pm
#18
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Location: Not in Paris
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Re: Further leave to remain visa
Jul 26th 2017, 12:17 am
#19
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Re: Further leave to remain visa
Would a person who overstayed his/her visa (lived in U.K. For 6yrs for example ) & is making an outside UK spouse visa application be exempted from the TB certificate. In other words, would the person be seen as a returning U.K resident in the eyes of the ECO?
Thanks.
Jul 26th 2017, 3:26 am
#20
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Re: Further leave to remain visa
By not good enough I mean not good enough to understand the visa application form and guide, but good enough to work as customer service assistant.
I think he COULD have an exemption to it as he is registered as visually impaired, but it's too much trouble. We don't even bother trying.
Last edited by Foffion; Jul 26th 2017 at 4:56 am.
Jul 26th 2017, 6:25 pm
#21
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
Re: Further leave to remain visa
Brit in Paris, can you help me with this home office guidance "if you're a returning UK resident and haven't been away for more than 2years, you're exempted from TB test"
Would a person who overstayed his/her visa (lived in U.K. For 6yrs for example ) & is making an outside UK spouse visa application be exempted from the TB certificate. In other words, would the person be seen as a returning U.K resident in the eyes of the ECO?
Thanks.
Would a person who overstayed his/her visa (lived in U.K. For 6yrs for example ) & is making an outside UK spouse visa application be exempted from the TB certificate. In other words, would the person be seen as a returning U.K resident in the eyes of the ECO?
Thanks.
Jul 27th 2017, 12:35 am
#22
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Joined: Mar 2017
Posts: 64
Re: Further leave to remain visa
A returning resident would be someone who had been settled in the UK before their departure, e.g. held Indefinite Leave to Remain. That would not apply to an overstayer so they would need a TB test if they had returned to their home country and that country requires a TB test.
Thanks.
Oct 30th 2017, 5:48 pm
#23
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Re: Further leave to remain visa
Hi Foffion, did you get your FLR(M)? I read the appendix which stated 28 days before visa expires and does not mention 30 months so am also confused. Could someone clear this up? I have my visa expiring in June 2018 but I wanted to renew in April which would be my 30 month because we may be selling our house and I want to get my visa sorted before we move to avoid complications. I am already starting to stress!
Oct 30th 2017, 6:27 pm
#24
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Re: Further leave to remain visa
Hello, no I didn't get an FLR, I am actually getting a divorce (true story). What I can tell you is that I called them regarding this problem and they told me that I could only apply no more than 28 days before the visa expiry date and that if I applied too early the application would be rejected. Hope this helps.
Oct 31st 2017, 8:33 am
#25
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Re: Further leave to remain visa
Have just read the appendix for October 2017 and under general on page 4 it definitely states "or 28 days before the 30 months" It seems we can apply for FLR when the 30 month period is reached. Perhaps someone could just confirm? As we plan to sell house next year and move I want to get this sorted before the stress of moving. I arrived in UK on the day my visa started and totally was given 33 months leave. 3 months is stated for travel arrangements. I would hate to be knocked back for applying too early?
Oct 31st 2017, 3:56 pm
#26
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Re: Further leave to remain visa
You can definitely apply within twenty eight days before your 30th month 'anniversary' if you came in on a spousal visa, which you did. I am already stressing over ILR in 2019! I don’t think you really relax until you have ILR!
Oct 31st 2017, 6:09 pm
#27
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Re: Further leave to remain visa
Still confused about these bloody dates. I read in the guidance notes:
When you can apply to extend or switch
The earliest you can apply is 28 days before your current permission (called ‘leave to remain’) expires. Any time you have left will be added to your new permission to stay, up to a maximum of 28 days.
https://www.gov.uk/uk-family-visa
Michali's example shows that you obviously can also apply 28 days before your 30 months is up - why is the Home Office giving multiple choices, it's confusing enough! I'm going with 28 dates before my current (initial) spouse visa expires.
As an aside, the guide also says that you can apply online for FLR(M) if you're already in the UK
https://www.gov.uk/uk-family-visa/partner-spouse
When you can apply to extend or switch
The earliest you can apply is 28 days before your current permission (called ‘leave to remain’) expires. Any time you have left will be added to your new permission to stay, up to a maximum of 28 days.
https://www.gov.uk/uk-family-visa
Michali's example shows that you obviously can also apply 28 days before your 30 months is up - why is the Home Office giving multiple choices, it's confusing enough! I'm going with 28 dates before my current (initial) spouse visa expires.
As an aside, the guide also says that you can apply online for FLR(M) if you're already in the UK
https://www.gov.uk/uk-family-visa/partner-spouse
Oct 31st 2017, 8:20 pm
#28
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Re: Further leave to remain visa
Problem for me is that we want to sell in spring and my 30 months is up 22/3/18 but visa is until 22/6/18 and I wanted to have sorted this before we sell and move as I do not want to explain another address or worse case apply by post and we are no longer in house for return address seeing they are taking 8 weeks or more to send extension visa.
Oct 31st 2017, 10:47 pm
#29
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Re: Further leave to remain visa
Have just read the appendix for October 2017 and under general on page 4 it definitely states "or 28 days before the 30 months" It seems we can apply for FLR when the 30 month period is reached. Perhaps someone could just confirm? As we plan to sell house next year and move I want to get this sorted before the stress of moving. I arrived in UK on the day my visa started and totally was given 33 months leave. 3 months is stated for travel arrangements. I would hate to be knocked back for applying too early?
Last edited by Foffion; Oct 31st 2017 at 10:50 pm.
Oct 31st 2017, 10:49 pm
#30
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Re: Further leave to remain visa
I know you can do it but cannot find the authority anywhere. Will keep looking!