Hi all,

I'm a UK citizen and married a Colombian woman in Nov 2011. We went fast-track at Croyden and got her a FLR spouse visa, which I guess will expire in Nov 2013.

Since March 2012, we've been living in Colombia. Now we´re thinking about maybe returning to the UK. I assume that since we've been out of the country, we're back to square one with the visa process? That is, we'll have to apply for a new FLR?

Any ideas how much time needs to be left on the old FLR visa for her to enter the UK with me? If she only has a month or less left on this old visa, will they still let her in? Obviously we'd have to renew quickly in that case.

I'm trying to work out where, when (and how) to apply for the new visa.

First of all I would suggest you look at her passport and see when the FLR expires, do not guess anything!!
In theory the validity is upto the date shown and she and you could return, you may expect to be asked questions about your absence and be able to show that you are returning to settle not just a visit. Once back in the UK it is likely she will need to apply for FLR but not knowing her full immigration history it would be incorrect to suggest this really.

Given that the rules have become a whole lot tougher since you were in the UK, it is pretty important to get the date sorted and seriously consider getting back before it expires. Read all the threads on here to see how tough it can be under the new rules

What would be the advantage of returning before it expires?

Not having to reapply - saves time and money and meeting the new tougher rules.

If you make a new applicaiton from outside the UK now you will need to meet new rules - which will be very tough and painful. If you are able to stay using your current visa and extend it further you can (probably, depending on your exact visa, timelines etc) carry on under the old rules which are a lot simpler and easier

If you're still not convinced, read the looong thread that's stickied at the top of this board. It's all about the new rules and how difficult they are for some couples composed of British citizen+foreign spouse. Even just read a page or two, and you will see some of the problems:

http://britishexpats.com/forum/showthread.php?t=761780

Unless the British half of the couple is rich, I would seriously do everything in my power to move yourself & your spouse back to the UK under the old spouse visa.

That is the 62,500 pound question. My wife has FLR (obtained under the old system) valid until end of Nov 2013.

If we go back in, say, September 2013, she will still need to get some type of visa by the end of Nov. She won't, as I understand it, be able to apply for ILR as we've been out of the UK for almost the whole period. So in this circumstance, I assume we´ll be applying for an extension (or new?) FLR in Nov in Croydon. You are suggesting it would be under old rules for FLR? Do you have any reference from UKBA or anywhere to give me more on extension processes?

If we go back say in Feb 2014, we will apply in Bogota for FLR, and I assume under the new rules. Fortunately, we can meet the new rules via savings as long as I start to get the paperwork sorted now.

I think the new fianancial rules are very tough on many people. If I did not have savings, no doubt we'd have to separate for a while. This would be very hard on us. I would be faced with a choice of "stay out of your own country" or "be separated from your wife". I'm counting myself lucky at the moment, but feeling for those not so fortunate.

The old-rules FLR process is the same one you have already been through to get her current FLR.

If you let her current one expire then you will need new Leave to Enter, rather than getting FLR. Even if you can get the savings in the require liquid form she will still have 5 years to citizenship, instead of 3.

Thanks, I´ll check out leave to enter.

I'm pretty sure they will not count the nearly 2 years we've been out of the UK towards citizenship anyway, so that's not a factor. It'll still take nearly 5 years.

Under the new rules out well be five years from now before she can get a passport. You need indefinite leave first which takes 5 years.

Have I got this right. If we extend the current FLR (which was under old rules and expires end of Nov) she can get a new FLR but under the old rules. Therefore if we stay another 3 years, she could apply for ILR.

If we let the current FLR lapse, then apply for a new FLR, it will be under the new rules and we need to stay 5 years for her to get ILR.

Correct?

But is there a FLR extension process, or is it just the same process as applying for a new one?

Not sure on the last point, but certainly the first bits are correct, having got FLR, it would seem to me to be the height of stupidity to let it lapse and have to start all over again under much less favourable rules.

read here.

http://www.ukba.homeoffice.gov.uk/vi...pplying-in-uk/

Typically the FLR is tied to the initial Entry Clearance visa, and its validity simply "extends" the time allowed under that (EC) visa.

I have heard in the past of spouses applying for and getting more than one FLR to extend that initial EC visa, but that was in the days of the old spouse visa. I'm not completely certain that that's still the case, and that TWO (not just one) FLR visas are allowed to bring the residence time in the UK up to the required 2 years for ILR.

Here's the link with Guidance on ILR for spouses/partners under the old rules. I couldn't find much clarification there to answer your question, but perhaps you can. Good luck!
http://www.ukba.homeoffice.gov.uk/po...ivil_partners/