The New Flr(M) Version 09/2012 Applying For Visa In The Uk

[Philbot44]

Hi,

Earlier this year I got my head around applying for ILE as my spouses exisiting ILR (assume that is what we have now see below) will soon expire soon but not to my suprise they change the process yet again so I am back here again for help. I have read all the pinned topics and downloaded the above new document and guidance notes but I am having trouble understanding what it is I am now applying for as the reference to ILR/ILE is no longer clear.

My plan was to apply next for the ILE and then 2 years later look towards applying for Citizenship for the spouse.

Just some history that might help, we were married in the UK in June 2006 but after 1 year I took a job in the UAE so we stayed there until I returned to the UK in 2010 where I had to go through the entire process of applying for another ILR (assuming that is what I have now) as the visa type states "SPOUSE/CP - Spouse/CP of "my name and DOB" which is now valid 4/11/2010 and due to expire in Febuary 2013.

My spouse has since taken the ESOL course and been issued a certificate i.e. the KOL provision that we will be including in the next application and I will be applying on the above FLR(M) application but I am a little unsure what I will be applying for;

In Section 2.1 of this form I will be applying for:- Spouse of a person present and settled in the UK and a biometric immigration document

Section 2.2 not the 1st time so I will need to complete section 2.3

Section 2.3 - Here there are a few options but I presume in my case I will be ticking the box - Second period of leave to remain (following initial grant of leave to remain).

NB. the initial grant was on 4/11/2010 but my spouse did not enter the UK until the 6/1/2011 and as the visa expires on the 4/2/2013 does that mean I will be entiled to apply for the 2nd leave to remain on the 6/1/2013 as 2 years have run since entry?

My final question is assuming this next application is succesful will they then issue a ILE and at what point will we be able to apply for citizenship or do I have to continually have to apply for these visas and keep paying these rather expense fees?

I suppose any answer will be whatever it is today as they are likely to change the rules again as they seem to change the goal post ever 6 months these days.

Many thanks in anticipation...

[7by7]

I'm sorry, but your post is not very clear as to what visa you wife currently holds and it took a while to get my head around it!.

Until you get to

the visa type states "SPOUSE/CP - Spouse/CP of "my name and DOB" which is now valid 4/11/2010 and due to expire in Febuary 2013.

This endorsement means she has a standard, 27 month visa as a spouse (not ILR or ILE), and after spending 24 months living in the UK then, assuming she mets the requirements, she applies for Indefinite Leave to Remain using Form SET(M) (not FLR(M) as that is just to extend her stay a further 2 years; only use this if she has not yet met all the requirements for ILR.).

She can apply at any time between the second anniversary of her arrival and the expiry date of the visa.

See Completing application form SET(M).

BTW, she didn't qualify for ILR before you left for the UAE as she had not lived with you in the UK for 24 months. She didn't qualify for ILE upon your return as you had not lived together outside the UK for at least 4 years.

ILR = Indefinite Leave to Remain and is issued inside the UK.

ILE = Indefinite Leave to Enter and is issued outside the UK.

ILE for spouses and partners was abolished in the reforms which came into effect on 9th July 2012.

[Philbot44]

Appreciate your help here..

Well I am glad I came here first to check, looks like I was applying on the wrong form, the confusion is really about what my spouse currently holds, I wish they would make it more clearer on the visa in the passport. We obviously had to apply for the 2nd visa in Thailand but this was before the recent changes so I am wondering why it does not say in the visa anywhere ILE?

What is confusing is the term that you use "Standard 27 month visa as spouse" (not ILR or ILE) is there a 3rd type of visa here and if so why have we received thsi type as opposed to the ILE?

Perhaps my timing was pretty bad here as we had lived together in total for 4 years some in UK some in UAE prior to appling for the last visa but to me it was almost the same as applying for ILE all over again from stratch but accopanied with lots of notes about out movements etc.

Glad you understand what we currently hold and thanks for correcting me on the form to use. interestingly the FLR form still requires most of what is in the SET(M) and at present can see very little difference in the 2 forms other than the fact as you say one is settlement hence (SET) and the other as you quite rightly pointed out is to extend (FLR) assuming means "Further leave to remain"

Well I hope I got it correct now.

Many thanks indeed..

[7by7]

Your wife did not qualify for ILE when she applied in 2010 as she and you had not lived together outside the UK for at least the previous 4 years.

As you say, there is little difference between the requirements for FLR and ILR; but FLR is for a set period whilst ILR is indefinite.

[Philbot44]

Just been looking at the notes regarding section 11b, is the red section saying that I do not need to send in copy of marriage certificate and any previous divorce such as final dissolution evidence as this was all sent during the last application to obtain the exisiting leave to enter in the UK i.e. we were already married at that time and have already submitted this evidence hence the Spouse/CP note on the visa?

The questions are not written very well as the question should be a simple Yes/No then followed by, if No provide the evidence.

Any thoughts on this one please?

1 1B

Spouses and Civil partners

If you are applying in this category, you must provide the following in addition to the relevant document specified in

11A.

If you are applying as a spouse civil partner but your existing leave to enter or remain in the UK was granted as an

unmarried or same-sex partner, in addition to the relevant documents in 11A you must provide the following

documents. Tick the relevant boxes to show what documents you are providing. They must be originals. You should

photocopy each of these documents and provide copies in addition to the originals.

You should also provide

passport/s along with photocopies of any pages that contain personal details, visas or immigration stamps

(foreign or UK).

[7by7]

Correct; if her last visa or leave to remain application was as your spouse, which you say it was, then marriage certificates etc. are not required with this one.