FLR questions

[Guemlum]

Hi all,

 

 

Apologies for the long post. They tend to be, the harder the visa applications get.

 

 

I'm currently putting together the supporting documents for my wife's (UK) FLR visa application and will be submitting the application in early October.

 

 

I need some clarity from those that have been through the process and would appreciate any help.

 

 

Firstly, regarding correspondence addressed jointly. We currently have Council Tax and Water Bills addressed to both of us, but none of my other utility bill providers i.e Electric and Gas, Internet will allow joint names on a bill. Only the bill payers name can appear on the bill. Does anyone have any other ideas as to what could be set up in a joint name other than a joint bank account?

 

 

What we have so far and I'm hoping this will be enough, is...

 

 

• Mr and Mrs Guemlum - 2 items in joint names (Council Tax, Water Bill)
• Mr Guemlum - 8 items in my name (Mortgage, Bank x 2, EE, Hospital, GP. Vodafone, House Insurance, 
• Mrs Guemlum - 8 items in her name (GP, 2 separate hospitals, EE, Bank, DVLA, College, Department of work and pensions). 

 

 

When filling in the online application form, it asks the following questions...

 

• What is the start date of your current visa or leave to remain?  Is this date from the first day she arrived in the UK which in this case would be 07/05/2018?
• What is the end date of your current visa or leave to remain? Would this be 2 years and 6 months from 07/05/2018 so in this case it would be 07/11/2020?

 

 

I believe I can submit the application a minimum of 28 days before the expiry date, so all being that the above dates are correct, that would be 10/10/2020?

 

It also asks what type of visa, leave to enter or remain or other permission do you have to be in the UK? 

 

The options are...

 

• Visit
• Work
• Study
• Family
• EEA residence permit or card
• Settlement
• Other

 

It says you can find out this information on the document which shows you are allowed to be in the UK

but it doesn't say any of these in the letter that was issued by UK Visas & Immigration to my wife. The letter states “Dear xxxx xxxx, Your application for a UK visa has been successful. This means that when you arrive in the UK you will have permission to be in the UK (known as leave to enter) as PARTNER (STANDARD) from 03 May 2018 to 03 Feb 2021)”.

 

So would it be family or settlement? and if her visa expires on 07/11/2020 as stated above, why does it say she has "leave to enter" until 03/02/21?

 

Apologies if any of the answers to the above questions are obvious to some. They're not to us.

 

Regards

 

Guemlum (and Mrs Guemlum)

 

 

 

 

 

 

 

[durhamboy]

Guemlum,

 

For the correspondence I think you have enough as you can submit 2 separate letters instead of 1 joint letter. Best to read through the FLR guidance to make certain.

 

Regarding your wife's FLR expiry the initial visa she got in Thailand would have been for 2 years and 9 months so therefore the expiry date in the letter from UKVI of 3rd Feb 2021 looks to be correct so you wouldn't need to apply for FLR until just before that date. Does she also have a BRP (Biometric Residents' Permit)? That should also show the expiry date on it.

 

By the way, you can actually apply for FLR at any time (even theoretically on the first day she actually arrived in the UK!) if you were minded to do so. Normally it makes sense to renew when leave expires however your case is a little different in that 1st. October is when the NHS Surcharge goes up from £400 to £624 p.a. If, say, you applied for FLR on 30th. Sept. you would save £560 in NHS Surcharge (£624-£400 x 2.5 years). However, that would mean that the FLR would expire at the end of March 2023. So you would then "lose" 4 months of her visa (i.e. visa fee £1033 + NHS Surcharge £1560 = £2593 /30months x 4 months = £345). There would still be an overall saving of £215. You would also have to consider if your wife will meet all the requirements for ILR in 5 years (B1 English, LITUK etc). If so, then the saving wouldn't be worth it because she might then have to have 2 FLR renewals instead of 1 to get FLR. Also, not sure of the impact of Covid-19 on all this. Sorry this is so complicated but I don't make the rules! Good luck.

[Guemlum]

Thanks durhamboy. That all makes sense.

 

I'm not to concerned about the cost of the NHS surcharge going up so would prefer to do this the right way. We don't want to lose 4 months and would like to keep things flowing towards an ILR application in 2023.

 

To answer your question, it does state on her BRP 03/02/21. Does that mean we should be applying 28 days prior to 03/02/21?

 

Going back to one of the unanswered questions if anyone can help, it also asks what type of visa, leave to enter or remain or other permission do you have to be in the UK? She has leave to enter but under what category below would that be classified as?

 

The options are...

 

• Visit
• Work
• Study
• Family
• EEA residence permit or card
• Settlement
• Other

 

Would it be family or settlement?

 

 

Regards

 

Guemlum

[durhamboy]

Guemlum,

I fully understand your reasons for wishing to wait until your wife's visa expires before renewing. Just to say there isn't really a right or wrong way in the scenarios we discussed here. Both ways would be equally acceptable.

 

With regard to the date you should submit the application for FLR, yes it can be 28 days prior to 3rd Feb 2021 as you say. However the way the Home Office work is a bit of a mystery. Every time my wife's FLR is done she gets a bit more than 2 1/2 years - about 1 month more. So, in my opinion, it is best to wait to as close to the expiry date as possible before submitting the application. Although there isn't a period of grace as long as you do it online before the expiry date (i.e. 3rd Feb in your case) you will be ok and you will probably get about a month's free visa.

 

Regarding the type of visa. Firstly I'm a bit surprised that no one else in this forum has bothered to advise you on this. I've just looked at my wife's previous FLR application form and under Type of Visa Application I had put "Family Route" and it was accepted. I hope this helps. Good luck.

[Guemlum]

Thanks again durhamboy.

 

I spoke with UKVI this morning...got through to them extremely quick which was a surprise, and they confirmed what you have already said regarding the 28 days before 03/02/21. Not that I doubted you but was it good to hear it from the horses mouth.

 

"Family" is what I have also selected on the online form.

 

Regards

 

Guemlum