When to re apply for FLR

[duncsmove]

My Wife & stepdaughters first 2.5 years is up in August but my Stepdaughters passport expires just after the visa is up ... My question is how soon before the visa expires can we reapply for flr for the next 2.5 years UK visa. Should we apply for a new Thai passport this April on holiday I'm confused.

Sent from my HTC One S using Thaivisa Connect Thailand mobile app

[7by7]

The earliest they can apply is 28 days before they have been living in the UK for 30 months; the latest is the day their current visa or leave to remain expires.

Provided they apply before their existing leave expires, then this will be automatically extended until the decision is made.

See Application to extend stay in the UK as a partner: form FLR(M) Note that your step daughter can be included on the same form as her mother, although they both have to pay the fee; i.e. £601 each if applying by post, £1001 each if applying in person for a same day decision.

I am not sure if an applicant's passport needs to be valid when they apply, there is no vignette placed in the passport anymore. Instead they will be issued with biometric residence permits. If they apply by post they will be sent details of when and where to have their biometrics taken; if they apply in person it will be done on the day.

As you are going to be in Thailand in April you may as well renew your step daughter's passport whilst there; it will save you a trip to renew it via the RTE in London later.

[TCA]

Note that your step daughter can be included on the same form as her mother, although they both have to pay the fee; i.e. £601 each if applying by post, £1001 each if applying in person for a same day decision.

Just been looking through form FLR(M) and it certainly looks less onerous than the initial application.

Does anybody know how it works in practice if a child's INITIAL visa application is tagged onto a parent's FLR application, when they are in two different countries?

Given FLR is applied for by post (or in person) in the UK, if the child is in Thailand, what happens regarding finger prints and photos for the Biometric Residence Permit enrolment? Plus of course the child's passport requires to be submitted as well.

I appreciate adults cannot apply for any kind of settlement visa from within the UK, but would it be permissible to bring the child to the UK on a tourist visa and take care of everything that way?

[7by7]

No. It is not possible for anyone to apply for settlement inside the UK if there as a visitor. No visitor can switch to another category.

The child will need to apply for a settlement visa in Thailand.

It used to be that if a child was applying for settlement to join a parent who is already in the UK that their visa would be timed to expire at the same time as the parent's so that they could apply for FLR or ILR at the same time. If the parent already had ILR then the child would be granted Indefinite Leave to Enter, which is the same as ILR but issued outside the UK, not in.

To be honest, I am not sure if that is still the case since the rule changes in July 2012. Hopefully someone like Tony M can advise.

[TCA]

No. It is not possible for anyone to apply for settlement inside the UK if there as a visitor. No visitor can switch to another category. The child will need to apply for a settlement visa in Thailand.

Thanks. And presumably an adult couldn't make a FLR application via UKVI in Bangkok (counter-intuitive to say the least), therefore no option other than to make a separate child application in Thailand. Disappointing given how easy it looks to piggyback a child on an adult FLR application, but not surprising.

Edited January 13, 2015 by TCA

[duncsmove]

Hi folks thanks for the information so far...my stepdaughter is already living here in the Uk and as she was a dependant under 18 at the time of settlement visa being granted I understand her re-application will be still as dependant child of my wife but will need seperate application filling in as far as I can make out. The other thing is if her (SD's) passport is renewed in BKK will her uk visa in her old passport stand ?

Thanks

D

Sent from my HTC One S using Thaivisa Connect Thailand mobile app

[7by7]

<snip>

presumably an adult couldn't make a FLR application via UKVI in Bangkok

Correct; one cannot apply for leave to remain in the UK if one is not in he UK.

[7by7]

Hi folks thanks for the information so far...my stepdaughter is already living here in the Uk and as she was a dependant under 18 at the time of settlement visa being granted I understand her re-application will be still as dependant child of my wife but will need seperate application filling in as far as I can make out.

As she was under 18 when her initial settlement visa was granted and as she is still dependant upon her mother (i.e. not formed her own, separate family life), then she can be included in her mother's application. No need for a separate form.

The other thing is if her (SD's) passport is renewed in BKK will her uk visa in her old passport stand ?

Yes, unless expired, a UK visa is still valid even if the passport it is in has expired.

She simply shows both passports to the airline at check in and to immigration on arrival in the UK.

[duncsmove]

Thank you, yet again 7by7 to the rescue :-)

Sent from my HTC One S using Thaivisa Connect Thailand mobile app

[TCA]

No. It is not possible for anyone to apply for settlement inside the UK if there as a visitor. No visitor can switch to another category. The child will need to apply for a settlement visa in Thailand.

It used to be that if a child was applying for settlement to join a parent who is already in the UK that their visa would be timed to expire at the same time as the parent's so that they could apply for FLR or ILR at the same time. If the parent already had ILR then the child would be granted Indefinite Leave to Enter, which is the same as ILR but issued outside the UK, not in.

To be honest, I am not sure if that is still the case since the rule changes in July 2012. Hopefully someone like Tony M can advise.

Can Tony M or someone at TVE confirm how things work for a child application to join a parent in the UK, the parent already being on the first 33 months of their settlement visa or FLR?

(Apologies to duncsmove for using his thread)

[Richard W]

The other thing is if her (SD's) passport is renewed in BKK will her uk visa in her old passport stand ?

Yes, unless expired, a UK visa is still valid even if the passport it is in has expired.

It isn't valid as an employer's excuse against a fine for employing an illegal worker.

[7by7]

No. It is not possible for anyone to apply for settlement inside the UK if there as a visitor. No visitor can switch to another category. The child will need to apply for a settlement visa in Thailand.

It used to be that if a child was applying for settlement to join a parent who is already in the UK that their visa would be timed to expire at the same time as the parent's so that they could apply for FLR or ILR at the same time. If the parent already had ILR then the child would be granted Indefinite Leave to Enter, which is the same as ILR but issued outside the UK, not in.

To be honest, I am not sure if that is still the case since the rule changes in July 2012. Hopefully someone like Tony M can advise.

Can Tony M or someone at TVE confirm how things work for a child application to join a parent in the UK, the parent already being on the first 33 months of their settlement visa or FLR?

(Apologies to duncsmove for using his thread)

Having checked with Tony M, it appears that it is still the case.

Though I cannot find any official word on this.

I guess the only way to be 100% sure is to see what term the child is given; 33 months as standard, or a visa which expires when the mother's does.

Please let us know.

[TCA]

Having checked with Tony M, it appears that it is still the case.

Though I cannot find any official word on this.

I guess the only way to be 100% sure is to see what term the child is given; 33 months as standard, or a visa which expires when the mother's does.

Please let us know.

Thanks for checking with Tony. The earliest my wife can apply for FLR is November this year and the latest is when her visa expires in February 2016. We (or rather she) will need to decide if we want to make the child application before either of those dates and then reapply again so soon after.

I'll keep you posted either way. Cheers.

[7by7]

Assuming that your step daughter's entry clearance will be tied to her mother's then:

If she applies before her mother has FLR then she will need to make, and you pay for, an FLR application at the same time as her mother between November and February; shortly after forking out for her visa fee. Then 30 months later an ILR application with her mother

If you can wait until your wife has FLR, then your step daughter will only need to make an ILR application when her mother does. Which will save you at least £601.

Just a thought.

[TCA]

Assuming that your step daughter's entry clearance will be tied to her mother's then:

If you can wait until your wife has FLR, then your step daughter will only need to make an ILR application when her mother does. Which will save you at least £601.

Yes, the financial element is certainly a consideration. My other concern is that my wife has already been in the UK for 19 months, so further increases in the separation time (with her daughter) become even harder to justify (and our proof of sole responsibility won't be that great). Although I imagine there have been plenty successful applications for those who have waited to FLR stage and beyond.

In our defence, one year ago on my wife's only visit to Thailand since she came to the UK, she attempted to obtain a passport for her daughter but the passport offices were closed due to the political situation at the time. She did manage to get the Por Kor 14 sorted though.

Re other (potential) mitigating circumstances, one of the child's guardians has since died and the remaining guardian is now talking about moving for work, so (from my reading of the rules) those could be seen as additional valid reasons in favour of the child application as they enforce the view that daughter is best served to be with mother.

If it was only down to me, I think I think I'd probably apply for my wife's FLR at the earliest opportunity (i.e. November 2015) and then take on the child application. My wife however currently thinks differently and although I believe the child's guardian is spouting hot air about working away from home, it's evident that she no longer wishes to look after the child, so a quick solution might be better all round. Although there are nearby relatives who could help out short-term if need be, this wouldn't be a desirable longer term option. My wife is also preferring to coincide with the UK school year, but I think that's less of an issue given her daughter will have a huge learning curve anyway.

[rostifa]

Hi,

My wifes FLR(M) visa is set to expire at the end of September and I have been looking for guidance on when I can apply for the next 30 month extension.

It doesn't seem very clear from the gov.uk website when the earliest you can apply is apply, but I noticed the quote above:

The earliest they can apply is 28 days before they have been living in the UK for 30 months; the latest is the day their current visa or leave to remain expires.

Just to confirm (I don't want to take any risks with my VISA fee!), as my wife was in the country on her fiance Visa for 3 months before getting her current FLR, she will be able to apply 4 months (3 months + 28 days) before her current VISA FLR expires?

Many thanks in anticipation of replies, Ross

[7by7]

No; that quote refers to those who entered the UK with a 33 month spouse or partner visa and are applying for their first FLR

This is because the residential qualifying period for that FLR is 30 months, not the 33 months validity of their original visa.

As your now wife entered with a fiance visa and then obtained a 30 month FLR after your wedding she needs to have been resident for at least 30 months to qualify for her next FLR. So the earliest she can apply is 28 days before her current FLR expires.

One of the, to me many, disadvantages of entering as a fiance rather than a spouse.

[rostifa]

Thank you 7by7 for clarifying that... glad I asked. I will wait until August to apply for the extension.