Further leave to remain visa
 

Hello everybody,
my name is Vivien.
Unfortunately it is time for my husband to renew his spouse visa and I have to do it for him as his English is not good enough (so isn't mine ah ah).
Before I start I have a couple of general questions to the people who have already renewed their visa please:

- How long in advance did you apply?
- When can I apply? His visa expires on 15/11/2017.
- Will we have to go the the visa centre in person at one point even if we apply
by post?
- How long did it take for them to give you the new visa?
- At what point did you do the fingerprints or whatever they are called?
- Is it more or less the same as the first visa or are there many differences?

Thanks a lot in advance.
Vivien

Re: Further leave to remain visa
 

Do you still meet the financial requirements? Is this further leave to remain, or Indefinite leave to remain? i.e have you been in UK 2.5 or 5 years?
Others will be along with answers to your questions in due course I expect. Just thought i'd pose the questions before others do...........

Re: Further leave to remain visa
 

Hello,
yes we do meet the financial requirements and this is further leave to remain, thanks!

Re: Further leave to remain visa
 

Hi Vivien. Can't help with the nitty gritty I'm afraid, I don't do my FLR till April. But from what I can gather the application is pretty much exactly the same as the first, with the exception that if you're meeting the financial requirements through income, then both partners income can be used (only the sponsor's can be used for the initial entry visa).

You may want to ask a moderator to move this thread to the Immigration, Visas etc page, as those members most likely to be fully across your question tend to hang out there :)

Re: Further leave to remain visa
 

Oh dear... I remember years ago I asked questions about the visa and they moved it back to this section of the website..
Life is confusing for me... :huh:
I am going to copy and paste this on the other thread. Thanks!

I am trying to delete this post but I don't know how to do it. If a moderator sees this post, please delete it as I've moved it to the visa section.
Thanks a lot!!!!

Re: Further leave to remain visa
 

:lol::lol::lol: Glad I'm not the only one who finds life confusing :lol::lol::lol:

Re: Further leave to remain visa
 

At the earliest you can apply 28 days before the 30th month anniversary of arriving in the U.K. if he entered on a spousal visa or at any time before the current visa expires.

No, you would only attend the premium service centre if applying in person. If you apply by post, you don't have to attend.

If all is well and you meet all the requirements, you get the decision the same day if you have an appointment at the premium service centre. If applying by post, you may have to wait two months or so to get the decision.

If applying by post, you will be sent a letter a few weeks later telling you to attend a post office to get the biometrics done. If applying at the PSC, the biometrics are taken there.

The requirements are basically the same as the initial visa but the proof that you are living together is different. If you read the paper form FLR(M) you will find a lot of good information on the official correspondence you must send to prove a subsisting relationship.

In terms of the financial requirement, it can be met by both people working, rather than just the sponsor.

Re: Further leave to remain visa
 

Hi,
thanks a lot for your answers. Yes of course I will read all the proper information, but since it will take time and concentration to read all of that,
I thought about asking these questions here as these are the questions that are keeping me awake at night (plus my husband snoring).

I really appreciate your help, I'll probably ask more questions in the future while applying. I'll apply by post as there's plenty of time.
Ciao!

Re: Further leave to remain visa
 

Of course come back and ask anything you want to ask. The reason I mentioned the form itself is because it really is very helpful. I was surprised that so much information was contained in the form itself.

Re: Further leave to remain visa
 

Hi again, I thought I could only apply by post or in person. Am I correct that I can apply also online?

Under "how to apply" In the UK

https://www.gov.uk/uk-family-visa/partner-spouse

I remember someone told me that it was only by post or in person.
Thanks

Re: Further leave to remain visa
 

About when I can apply, I am reading this:
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.


Why are they not mentioning the 30th month anniversary of arriving in the UK?
And how am I supposed to get a visa if the waiting time is 2 months and I can only apply 28 days before the visa expires?
He entered the UK on 26/2/2015 and his visa expires on 15/11/2017
When can I apply? I am really confused.

Re: Further leave to remain visa
 

There is now an online application form which you can use. As far as I know, you fill it in online and then print it out and either post or take it with you to you PSC appointment. As it is fairly new however, I am not sure. Hopefully someone will confirm or correct me.

When we applied last November, we could apply up to 28 days before my husband had been here for 30 months. We had to wait however so that our bank statements would be within the 28 days before our appointment. I do not know if this has changed since last November. I have not heard anything to that effect.

If you apply by post the current visa may well expire before the extension is granted but you are covered during the interim period.

Of course you also have to pay the health surcharge fee for the extension.

Re: Further leave to remain visa
 

10.1.3 of https://www.gov.uk/government/upload...ugust_2015.pdf

gives information on when you can apply for FLR(M)

Re: Further leave to remain visa
 

Thanks a lot.
When did you apply? 28 days before the expiry date or 28 days before the 30th month?
Sorry I just read the above message, you have already answered.

I started studying for his visa yesterday and I am already stressed.

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!

Re: Further leave to remain visa
 

Thanks for clearing that up as I have to go through this FLR next year! We are also applying via post and not in person as ours in straightforward.

Re: Further leave to remain visa
 

Yes, we are not going to gift them of a further £560 to apply in person. Thieves.
Or was it £590?

Re: Further leave to remain visa
 

Does your husband have an exemption from the English language requirement?

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.

Re: Further leave to remain visa
 

No he doesn't, he did the English exam about a month ago.
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.

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.

Re: Further leave to remain visa
 

Ok it's clear, no wonder they demanded I provide it.
Thanks.

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!

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.

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?

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!

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

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.

Re: Further leave to remain visa
 

I called them and they said no! Why does no one believe me? They said you can only apply 28 days before your visa expires and that if you apply too early your application will be rejected. Do as you please but you'll waste your money.

Re: Further leave to remain visa
 

I know you can do it but cannot find the authority anywhere. Will keep looking!

Re: Further leave to remain visa
 

It's not that no one believes you, it's that the Home Office gives two pieces of written advice - one is that you can apply 28 days before 30 months, the other that you need to apply no earlier than 28 days before your visa expires. I've seen both.

It's annoying because the Home Office's written guidance is what people should follow, rather than advice given in a telephone call from someone who may or may not be totally across the requirements - but the two bits of written guidance are different.

Re: Further leave to remain visa
 

Here you go - from a Freedom of Information request made to the Home Office.

UK Visas & Immigration recommend that any application to extend should be
made no earlier than 28 days before the visa expiry date.

However, there is nothing to prevent an applicant from applying outside of
the 28 day timeframe but it may impact on any future application for
Indefinite Leave to Remain (ILR) as the applicant may fall short of the
qualifying due to extending / applying early.
https://www.whatdotheyknow.com/reque...end_spouse_vis

Re: Further leave to remain visa
 

This is what feelbritish is referring to in Appendix FM

Page 14, 4.1

'A person in the UK with entry clearance or limited leave to remain as a partner granted under Appendix FM on the basis of an application made on or after 9 July 2012 should apply for further leave to remain no more than 28 days before their extant leave expires or no more than 28 days before they have completed 30 months in the UK with such leave. Where such an applicant has extant leave under Appendix FM as a partner, up to 28 days of the extant leave remaining at the date of application will be added to any period of further leave as a partner granted under Appendix FM. '

As you say SOS, you have to be careful about applying too early and not having five years under your belt when applying for ILR, when you have to have been in the country for 60 months ( but, there again, you can apply twenty eight days before the 60 month anniversary).

Re: Further leave to remain visa
 

This one says it too
https://www.whatdotheyknow.com/reque..._in_the_uk_can

We applied about 44 days before the expiry date of the visa.

Re: Further leave to remain visa
 

Thanks for looking up this information. As spouse says, it is not that I dont believe you Valerie, it is the conflicting information given by Home Office. I arrived on the date my visa started and my visa is actually for 33 months, so if I apply 28 days before my visa expires, it will be 32 months I have been in the UK. I will have to leave it until the 28 days before visa expires (can't risk it) and apply in person if our house is sold and we have to move. I just did not want further complications to an already stressful process. Thanks for all your input.

Re: Further leave to remain visa
 

Reading the notes it says you can book an appointment 45 days in advance. Again conflicting information because is that to book the appointment so you get an appointment 28 days before your visa expires? They may be so busy that you have to book so far in advance. If I have an appointment and can talk to someone then I can explain why we may be at a different address. My OH is now stressing that maybe we should put our move on hold but we may then miss the early spring sales of houses in our area and the new houses that come up for sale where we want to go to. Also we would probably have to go to Croydon but would Cardiff be quicker. This is doing my head in. Maybe I should just leave it until next Spring then see what has changed, if anything!

Re: Further leave to remain visa
 

Sorry you are so stressed! What we did was decide on a date which would be somewhere within the 28 days before our 30 month 'anniversary' when we knew that we would have the latest bank statement (within 28 days of the appointment) and then we knew that appointments for that date would become available/ accessible 42 days before that. So you can start looking for your chosen date 42 days before. Hope that makes sense! At the moment, appointments can be hard to get but some people leave it too late but, when we did it, there were loads of availability. We booked ours just over a month before our chosen date. I don’t see a problem with being at a new address as long as you submit evidence of purchase, council tax or utility bill.

Re: Further leave to remain visa
 

Thanks for this advice. I will plan my date for after the 30 month anniversary and check my bank statements and then book appointment. We probably would not have moved yet as house buying takes a while and we still have to find a place to move to. I seem to stress for nothing. If only those at Home Ofice knew how this can affect and impact on us genuine families who have made our homes here.

Re: Further leave to remain visa
 

I agree! And each time a new visa is required, I find it even more stressful as we have become so settled, even older and the prospect of having to leave terribly daunting!

Re: Further leave to remain visa
 

We're almost in the same situation. I just opened a thread

House purchase moving fast and 28 days minus 30 month anniversary was yesterday.

House move may happen in the next 6-8 weeks?

Do we try to book a premium appointment now?
Send off the application now and hope it comes back before the house move?
Wait until we've moved house, but then we'll have no history of utility bills etc.

ah hmuch stress