FLR UK

[MaprangHolmes]

If a person applied for FLR after having a settlement visa which I believe the FLR would last for 2 years if then the said person spent most of that time out of the UK and then came back to the UK and applied for again for FLR would it be granted or would it be a problem with the person spending most of the time out of the UK.

Thank you

[7by7]

Are you talking about an application under the rules in force since 9th July 2012?

If so, the FLR application will be made after 30 months in the UK and then ILR 30 months after that; unless the person entered as a fiancé in which case they will make two FLR applications; the first after the marriage and the second 30 months after that.

Or did they enter under the rules in force prior to 9th July 2012 and for some reason cannot make an ILR application?

Either way, there is no fixed maximum time allowed out of the UK whilst qualifying for FLR or ILR. However, in the application the applicant will need to show that they are a UK resident and have been for the whole period.

This may be difficult to do if they have spent more time out of the UK than in.

[MaprangHolmes]

Thank you for the reply it is under the old rules, the reason for asking is the person is going back to Thailand and it would be cheaper to apply for flr instead of ilr as they are unsure if they will return to the UK within 2 years or if they would ever come back to the UK.I am led to believe that if after being granted ILR and spend more than 2 years outside of the UK then your ILR would be cancelled.

[7by7]

Indeed, ILR is indefinite, not permanent. If the holder spends a continuous period of two or more years out of the UK then it will lapse. In addition, even if the ILR was still valid and it became apparent to immigration at a UK port of entry that the holder was not a UK resident and just using their ILR for visits it could be cancelled there and then; though they would be allowed in as a visitor on that occasion.

As they come under the old rules, if they did obtain FLR before leaving it would only be valid for two years, so if they were out of the UK for more than this it will have expired and they would need the appropriate visa to enter the UK again anyway.

[MaprangHolmes]

If they applied for FLR and say spent 18 months out of the, do you think that there would be a problem applying for FLR again so as to not have to apply for a settlement visa again.

[7by7]

As each case is treated on it's own merits, I can't say for sure.

A lot depends on their reason for spending so long out of the UK and their intentions upon their return.

If they want to live in Thailand and just make regular visits of 6 months or less to the UK then a long term visit visa may be a better way.

The current cost of a 10 year visit visa is £737; a lot cheaper than making 5 FLR applications.

Note the last paragraph there, though

In all instances, if an ECO decides that a shorter validity of visit visa is more appropriate than the one applied for, the ECM should approve it and notes should be added to Proviso. In such cases, no refund (full or partial) is available. The ECO should ensure that clear explanatory information for the decision is provided in a covering letter when the passport is returned.
(My emphasis)

So it may be better to apply for a shorter period the first time.

Note that although there is no actual rule, the convention is that a visitor should not spend more than 6 months out of any 12 in the UK.