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/)
-   -   Further leave to remain visa (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/further-leave-remain-visa-900291/)

feelbritish Jul 25th 2017 7:40 am

Re: Further leave to remain visa
 

Originally Posted by Foffion (Post 12301624)
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!

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.

Foffion Jul 25th 2017 10:00 am

Re: Further leave to remain visa
 

Originally Posted by feelbritish (Post 12302421)
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.

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

BritInParis Jul 25th 2017 11:27 pm

Re: Further leave to remain visa
 

Originally Posted by Foffion (Post 12301021)
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).

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

PaManjang Jul 26th 2017 1:17 am

Re: Further leave to remain visa
 

Originally Posted by BritInParis (Post 12303131)
Does your husband have an exemption from the English language requirement?

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.

Foffion Jul 26th 2017 4:26 am

Re: Further leave to remain visa
 

Originally Posted by BritInParis (Post 12303131)
Does your husband have an exemption from the English language requirement?

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.

BritInParis Jul 26th 2017 7:25 pm

Re: Further leave to remain visa
 

Originally Posted by PaManjang (Post 12303187)
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.

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.

PaManjang Jul 27th 2017 1:35 am

Re: Further leave to remain visa
 

Originally Posted by BritInParis (Post 12303640)
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.

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

feelbritish Oct 30th 2017 6:48 pm

Re: Further leave to remain visa
 

Originally Posted by Foffion (Post 12301524)
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.

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!

Foffion Oct 30th 2017 7:27 pm

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.

feelbritish Oct 31st 2017 9:33 am

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?

michali Oct 31st 2017 4:56 pm

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!

spouse of scouse Oct 31st 2017 7:09 pm

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

feelbritish Oct 31st 2017 9:20 pm

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.

Foffion Oct 31st 2017 11:47 pm

Re: Further leave to remain visa
 

Originally Posted by feelbritish (Post 12371585)
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?

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.

michali Oct 31st 2017 11:49 pm

Re: Further leave to remain visa
 
I know you can do it but cannot find the authority anywhere. Will keep looking!


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