A friend's wife in the UK obtained Leave to Remain in October 2021 and that expires on 30 April 2024.

 

The issue is that they have overlooked the fact that expiry is imminent. The situation is compounded by the fact that the applicant is currently on a 2 month holiday in Thailand.

 

Is she able to apply for FLR from Thailand?

 

Whilst this oversight is entirely their responsibility I am surprised that there isn't some sort of 'reminder' from the UK authorities.

She would seem to have acouple of options. The most obvious option is to cut her holiday short, go back to UK now, and submit her FLR application before 30 April.

 

In theory she can make the application from Thailand, but she must be in UK to give biometrics. So, she could do the online stuff from here, and make an appointmemt  to give biometrics at a later date. Her problem, of course, is that she still has to be back in UK by the 30th April or she has no leave to remain or enter. The airline will refuse to carry her to UK without a valid Residence Permit.

 

If she doesn't enter the UK before 30th April, then I think she must start the whole visa application process again. And that means applying under the new rules regarding financial requirements and income.

 

That's how I see it.  I could be wrong.

On 4/11/2024 at 7:14 AM, Tony M said:

She would seem to have acouple of options. The most obvious option is to cut her holiday short, go back to UK now, and submit her FLR application before 30 April.

 

In theory she can make the application from Thailand, but she must be in UK to give biometrics. So, she could do the online stuff from here, and make an appointmemt  to give biometrics at a later date. Her problem, of course, is that she still has to be back in UK by the 30th April or she has no leave to remain or enter. The airline will refuse to carry her to UK without a valid Residence Permit.

 

If she doesn't enter the UK before 30th April, then I think she must start the whole visa application process again. And that means applying under the new rules regarding financial requirements and income.

 

That's how I see it.  I could be wrong.

I agree, coupled with the fact that she has to have lived continuously in the UK for the previous 2.5 years. Now if she has had many 2 month holidays in this period they may consider that she has breached this requirement.

If I remember, she doesn't have to actually be here for her partner to submit the application, pay and book the appointment which could give her some breathing space. FLR is not a five minute job at all when it comes to gathering info and documentation to prove that the've been living together for the previous 30 months.

 

If her partner can put it all together. Lots will be the same as the first FLR but she will have to be back before the 30th April. How close to the 30th she leaves it before she comes back is another thing but if her partner sends her the receipt and paperwork for the appointment, the NHS surcharge and for the visa. If she is questioned by Border Force when she comes back she can show the documents to them. I wouldn’t leave coming back until the last minute.

Members may find the guidance to caseworkers regarding Continuous Residence helpful
https://assets.publishing.service.gov.uk/media/6618005e6b4cf65594d1eae0/Continuous+residence.pdf