Earliest Date to apply for FLR(M)

[Cambodianspouse]

I am after some clarification on when I can apply for Further Leave to Remain for my wife. Is the earliest date 30 months after the day she arrived or 30 months after the day her original spouse Visa is valid from.

Thanks in advance for any help.

[7by7]

The residential qualification is 30 months, so the earliest she can apply is 30 months from the date she first arrived in the UK; though she can submit the application up to 28 days before.

The latest she can apply is the date her current visa expires.

That's the simple answer.

In fact she can apply at any time before her current visa expires, but as FLR is valid for 30 months, if she applies too early it will expire before she has lived in the UK for 5 years and qualifies for ILR.

As you doubtless know, her initial visa is actually valid for 33 months; this was to give her time to move to the UK. If for some reason she delayed moving to the UK for more than 3 months and her current visa expires before she has been resident for 30 months then she will have to apply for FLR when her current visa expires.

But that FLR will only be valid for 30 months so will expire before she is residentially qualified for ILR. So she will need to make, and pay for, a second FLR application to cover the gap.

[Cambodianspouse]

Thanks for that detailed answer, I see it's the five years that the key rather than the earliest date.

Cheers

[7by7]

Indeed.

Provided your wife first entered the UK within the first three months of her initial visa 33 month validity then the timetable of applications is:-

• after 30 months in the UK, apply for FLR,
• 30 months after that (5 years in total) apply for ILR.

Though for both FLR and ILR she can submit the application up to 28 days before.

[theoldgit]

Flame removed

[TCA]

When does the 30 months of FLR start/end? Is it just 30 months from the date it's approved or is it 30 months starting from the end of the initial 33 months?

[durhamboy]

TCA - as 7by7 has said "In fact she can apply at any time before her current visa expires, but as FLR is valid for 30 months, if she applies too early it will expire before she has lived in the UK for 5 years and qualifies for ILR."

Therefore the 30 months must logically start from when the FLR is approved.

[7by7]

I disagree, durhamboy.

I think it's more logical for the second 30 months to start from the later of the day the applicant has been living in the UK for the first 30 months or the date of their FLR application.

But logic and UKVI don't often go together!

Hopefully someone who has applied for and received FLR under the 5 year route will see this and be able to say which it is.

Edited June 13, 2015 by 7by7

[durhamboy]

Mmmmmm I'm a bit confused.

Is it not true that FLR can be applied for at any time after the person arrives in the UK? In theory they could apply on the first day after they arrive. If they did then surely the FLR would start from the date of their application rather than postdate it for 2 1/2 years?

You always advise people not to apply for FLR early in case they would end up having to apply for FLR twice instead of once before they could obtain ILR.

Am I missing something?

[7by7]

Yes, if someone had to apply for FLR before they had lived in the UK for 30 months because they entered the UK more than 3 months after their initial visa was issued, then that FLR would be valid for 30 months from the date of issue.

My statement "I think it's more logical for the second 30 months to start from the later of the day the applicant has been living in the UK for the first 30 months or the date of their FLR application." was based on the premise that the applicant had arrived in the UK within the first 3 months of their visa and so this was their first FLR application and an additional one would not be required.

Sorry for the confusion.

[TCA]

My statement "I think it's more logical for the second 30 months to start from the later of the day the applicant has been living in the UK for the first 30 months or the date of their FLR application." was based on the premise that the applicant had arrived in the UK within the first 3 months of their visa and so this was their first FLR application and an additional one would not be required.

This above re arrival dates is my wife's situation. I'm not desperate for answer as it probably doesn't affect anything one way or the other. Would be interesting to know though. We'll apply for my wife's daughter's visa after my wife (hopefully) gets FLR, so assuming the child's visa gets issued for the same dates as her mum's, then I don't think the FLR start/end dates will matter much....