Applying For An Flr Instead Of Ilr ? Be Aware !

[slimsam]

Just to let people know what happened to me in case it may be relevant for others I will recount my story here.

My wife has a spouse visa. This expires on 28 Aug. Because she has not passed the 'Life in the UK Test' we had to apply for a Further Leave to Remain (FLR).

Because I am travelling to Brasil next week I could not let immigration have my passport and so we booked an appointment at Croydon PEO (lunar house).

So on Monday (18th Aug) we travelled down there. After queuing in the cattle pens outside for half an hour and then going through airport style security we arrived at the first counter.

I handed over our passports and the application form to the man behind the counter and waited. He then seemed to spend a long time looking at my wife's passport and studying his calendar.

I can't remember the exact wording but he then said something like - "You have come one day too early"

I obviously said "No I was told that you apply for an FLR 28 days before the expiry of your visa".

Him - "because you wife applying for an FLR instead of an ILR then she must do this within the time limits for the ILR. This means she cannot do so until 28 days before she is about to complete her 2 years probationary period. Your wife entered the country on 16th Sept and so counting 28 days back we arrive at the 19th August which is tomorrow".

Me - "but this was not discussed on the phone when I booked the appointment. I had to make two phone calls because I did not have my wife's entry date the first time I phoned so you knew the dates. You agreed to this date. If it should have been tomorrow then I could have come tomorrow but now I have taken a day off work and driven for nearly 3 hours to get here, what am I meant to do now."

Him - "I am sorry but the people who answer the phones are not trained as well as us and they do make mistakes. Look I have 3 complaint forms here already from mistakes they have made so far today"

Well as you can image I was getting a little bit stressed at that point so there were various things said which I don't remember and some more calendar counting. To be fair I did understand the point that he making. The granting of an FLR instead of an ILR was a discretionary thing and that this is different granting an FLR in order to extend the stay to meet the 2 year probationary period but if they had made that clear somewhere then I would have gone on Tuesday.

Anyway he did show some sympathy and suggested that he try to speak to a senior case worker to see what could be done.

After he had a long discussion on a telephone with someone they offered the compromise that they do 90% of the processing today but won't officially decide on it until tomorrow. So we did get to go upstairs, do the biometric stuff, hand over the evidence and so on. They took a copy of my passport and gave it back to me. They kept all other documents and my wife's passport and promised to process it tomorrow and return everything by post the next day.

They made it clear that although they had reviewed the evidence I had provided (20 letters, bank statements, etc.) and felt that it was strong they could not at that point state that it would be granted. It would be reviewed by a senior case worker tomorrow.

Anyway the good news is that they did keep their word and the FLR visa was granted and everything returned today.

We had asked for the full 2 years and got it. I am not sure what would have happened if we had been applying for an FLR to get the 2 years probationary period. Would they have only granted a short FLR to meet the 2 year rule and then expect you to apply for another FLR if you have not passed the test ?

It is all too complicated for no good reason really. The only thing I would say is that despite my worries beforehand the staff were actually polite and helpful and did come up with a solution so I do still count myself lucky in some respects.

Further note - If have a child from both of you then take the child's birth certificate. Although not listed in essential documents they seem to expect it. Luckily I had got an clue to this from someone else's story and so had it with me.

Edited August 20, 2008 by slimsam

[vinny]

We had asked for the full 2 years and got it. I am not sure what would have happened if we had been applying for an FLR to get the 2 years probationary period. Would they have only granted a short FLR to meet the 2 year rule and then expect you to apply for another FLR if you have not passed the test ?

See also £400 For A Month?, FLR mistake?

[yaketyak]

I think you were VERY lucky that you found someone willing to compromise and do most of the work whilst you were there. Those working in the field of immigration are not ususally known for their willingness to be helpful , especially when the customer is at fault (as technically you were as its your responsibility to find out when you have to apply and its all on their website quite clearly.)

A little off topic but if we didn't have this ludicrous life in the uk test you wouldn't even have been applying for FLR but ILR instead . Just another obstacle put in the way of couples wishing to settle here in the UK.

[slimsam]

If you read this page - http://www.ukba.homeoffice.gov.uk/ukreside...iontype/flr(m)/

titled "Completing application form FLR(M)"

It says "You must apply at least four weeks before the end of your authorised stay in the United Kingdom."

There may be other pages somewhere which say something different but I didn't find them. This is the main reason for my post so that other don't make the same mistake. I was very lucky and surprised at the willingness of the help the provided.

I am not totally against the Life in the UK test but I do think it is too difficult and contains alot of irelevant information. However its got to be done and so my wife will begin her Esol course next month.

[vinny]

If refused, then applying too soon or too late affects rights of appeal (SA (Pakistan) and JM).