UK FLR

[Kevin1908]

I was reading another post about their FLR application which got me thinking even though my wife's FLR is still over 18 months away. She entered the UK on the 8 March 2013 so I had assumed that the FLR would have to be applied for by the 8 Sept 2015 but the visa in the passport says valid until 18 November 2015.

Another problem is that the wife's passport expires on the 1 Sept 2015. To ensure continuity I think she should get her passport renewed before the FLR application. Will submitted a brand new passport likely cause any problems?

So does the FLR have to applied for 8 Sept 2015 or 18 Nov 2015?

[7by7]

Her initial visa is valid for 33 months, but to qualify for FLR she only needs to be resident in the UK for 30 months.

The extra 3 months is to give people time to settle their affairs and move to the UK.

So, the earliest she can apply is after she has been living in the UK for 30 months. As she entered on 8th March 2013, this will be 8th September 2015; actually she can apply 28 days before this date.

The latest she can apply is the date her visa expires; 18th November 2015.

That she has renewed her passport before applying for FLR wont matter. Her old passport will be returned to her and her visa will still be valid until it's expiry date, even if the passport it is in has expired.

See here for more details.

She is, of course, allowed out of the UK during her residential qualifying period, and if she does go back to Thailand for a visit it would be quicker, easier and cheaper for her to renew her passport there.

If she does renew it in the UK, as far as I can ascertain it is not possible to do so at a Thai consulate, she will have to make an appointment to attend the Thai embassy in London in person. See Thai version or English version.

[Kevin1908]

Her initial visa is valid for 33 months, but to qualify for FLR she only needs to be resident in the UK for 30 months.

The extra 3 months is to give people time to settle their affairs and move to the UK.

So, the earliest she can apply is after she has been living in the UK for 30 months. As she entered on 8th March 2013, this will be 8th September 2015; actually she can apply 28 days before this date.

The latest she can apply is the date her visa expires; 18th November 2015.

That she has renewed her passport before applying for FLR wont matter. Her old passport will be returned to her and her visa will still be valid until it's expiry date, even if the passport it is in has expired.

See here for more details.

She is, of course, allowed out of the UK during her residential qualifying period, and if she does go back to Thailand for a visit it would be quicker, easier and cheaper for her to renew her passport there.

If she does renew it in the UK, as far as I can ascertain it is not possible to do so at a Thai consulate, she will have to make an appointment to attend the Thai embassy in London in person. See Thai version or English version.

It seems prudent to renew the passport before the FLR application. We will decide where nearer the time. I take it the 3 months is a grace period at the start of the visa. So my wife can apply from 28 days before the 8 Sept 2015 but I assume that she can leave it up until the 18 November.

What happens if the FLR application goes in after the 18 November, will that be a problem? Not planning this but just in case all the documentation isn't ready. Typically how long does the FLR application take as we usually travel at Christmas due to UK school holidays so I will need to plan around that as well.

[7by7]

Provided she submits her FLR application before her current visa expires then her current visa will be automatically extended until the decision on her FLR application is made.

She must be in the UK when she applies and she must apply before her current visa expires.

If her visa expires whilst she is out of the UK, she cannot apply for FLR but will have to start the process all over again with a new visa application in Bangkok.

If she is in the UK when her visa expires and she has not yet applied for FLR then she will have no legal permission to be in the UK and so will have to leave and start the process all over again in Bangkok.

She has over three months between the earliest she can apply and the date her visa expires; I can see only two reasons, other than not being in the UK, why she would not be able to apply at some point during that time.

Affording the fee? You've got 18 months to save up for it.

Meeting the financial requirement? I have full sympathy for anyone caught in that position; but remember that her income will count for both FLR and ILR applications.

FLR applications can take 3 to 6 months to be decided if made by post, though many report less than three.

So if applying by post I'd do so as soon as she is able. But remember, if she requests her passport back to go to Thailand for Christmas before a decision has been made the application will be treated as withdrawn and you will lose the fee. Plus she'd have to start the whole process again in Bangkok whilst there.

Alternatively, she can apply in person for a same day decision, but this will cost, at current fees, £953 as opposed to £571 if applying by post. If you do want to travel at Christmas, this is the only way of ensuring she has her passport back in time.

[Kevin1908]

That gives me plenty of time to have everything in order. I had assumed that the FLR was much more straight forward that the initial application so was surprised that this can take 3 to 6 months. I need to bear that in mind. I might go for the same day application. Circumstances were different and more completed but a friend spent 2 years trying to get an FLR for his partner (not Thai). In the end his partner gave up after not having her passport for 2 years.

[bobrussell]

The cynic in me says,three to five months sitting in a pile waiting to be processed and 30-60 minutes to be processed!

I don't think the waiting time has much to do with the processing time. A straightforward application can be processed in a very short time if you use the same day service (at a premium!) so no reason it should be different for a postal application.

Nice to see most are taking closer to 3 months now. It was always much closer to six months when my wife applied a few years ago!

Complicated cases will take longer, some much longer. Again the cynic in me says three to five months to identify it as complicated. Back into a pile then a bit more processing every few weeks or months! There are plenty of applications that are many years in the processing, some go back decades.

http://www.channel4.com/news/inspector-uncovers-huge-ukba-immigrant-backlog

[Kevin1908]

I would have thought that the FLR should almost be a rubber stamp. All the hard work should have been done at the initial settlement visa stage. They need to verify that the earning requirements are met and the relationship is still valid but where else is there to do. Am I missing something?

[7by7]

It is basically a rubber stamp job; but remember that they don't just deal with applicants from Thailand but applicants from everywhere outside the EEA.

With postal applicants, for most of the 'processing' time the application is simply waiting to get to the top of the pile.

One could argue that this means UKVI should employ more staff so postal applications can be dealt with in a few days, which many here would think is reasonable considering the high fees charged.

But the system is as it is, and no party will consider making it quicker to be a priority; not enough votes in that.

[durhamboy]

7by7 - I just took a look at the link you provided in post #2 regarding when FLR can be applied for. It says

"When should you apply?

You must be in the UK when you make your application, and you must apply before your current permission to stay expires. We encourage you to apply 28 days before the expiry date, but you can choose to apply earlier than this."

It doesn't actually say that you can apply after you have been here 30 months although the last bit "but you can choose to apply earlier than this." isn't really explained.

So is this 30 month rule something that UKVI operate in practice without it being written down or is the 30 month rule written somewhere else?

Thanks

[7by7]

Yes, someone can apply for FLR at any time they wish; provided they otherwise qualify. They don't actually need to have lived in the UK for 30 months.

But that FLR as a spouse or partner would only be valid for 30 months.

However, to qualify for ILR they do need to have lived in the UK for 5 years (see here). So if they apply for and are granted FLR before they have lived in the UK for at least 30 months then their FLR will expire before they are time qualified for ILR; meaning they'd have to make and pay for another FLR application to make up the missing time.

Why make, and pay for, two applications when only one is required?

I can only see one reason why anyone who entered the UK as a spouse or partner would need to apply for FLR before they have lived in the UK for 30 months; because they delayed their initial entry by more than 3 months after the start date of their initial visa so that visa will expire before they have lived in the UK for 30 months.

As this is not the case for the OP, I saw no reason to complicate matters by bringing it up.

In addition, someone may need to apply for another FLR if they are coming to the end of their 5 year residential qualifying period for ILR and do not meet all the other requirements for ILR; e.g. KOLL.

I did make one mistake in an earlier reply when I said

If she is in the UK when her visa expires and she has not yet applied for FLR then she will have no legal permission to be in the UK and so will have to leave and start the process all over again in Bangkok.

There is actually a 28 day grace period after one's current visa or LTR has expired in which to submit an application. But one must be in the UK to do so.

Edited January 30, 2014 by 7by7

[durhamboy]

Ok good point about the 5 years for ILR so therefore only apply for FLR once. Got it.....thanks

[Kevin1908]

Alternatively, she can apply in person for a same day decision, but this will cost, at current fees, £953 as opposed to £571 if applying by post. If you do want to travel at Christmas, this is the only way of ensuring she has her passport back in time.

7by7 you said that there is a same day decision option, how soon can this be set up after submitting the application if this option was specified?

[7by7]

If you don't want/need a same day decision then you fill in the form, send it off with the fee and wait.

If you do want/need a same day decision then you make an appointment to submit the form in person.

From Applying from inside the UK

You can submit your application by post or by courier. For FLR(M) applications you can also submit your application in person.

• Postal and courier applications must be sent to the address given on the application form.
• To apply in person, you must book an appointment at one of our public enquiry offices. This is a same-day service, available for a premium fee, and is only suitable for straightforward applications.

If applying in person then her biometric information for her residence card will be taken at the same time,

[Kevin1908]

I take it there is no requirement to submit documents that were already submitted for the initial settlement visa application, such as divorce certificate, marriage certificate?

Seems obvious but then they want to see evidence of English ability which can be the same certificates submitted at the settlement visa stage

[7by7]

From Section 12 of the application form:

You must provide the documents specified below which are relevant to your application. If you do not, we reserve the right to decide your application on the basis of the information and documents provided. Tick the relevant boxes to show the documents you are providing. Unless stated, they must be originals.

All applicants must provide the relevant documents specified in 12A. You must also provide the relevant documents specified in 12B or 12C for the category in which you are applying.

Please note that, in some cases, we may have to ask for other documents in addition to those specified in this form.