UK FLR Time Frame for Application

[durhamboy]

If someone is on the UK spouse settlement visa 5 year route they would be granted an initial 33 month visa. If they came to the UK immediately that visa was issued I was wondering what was the first and last dates that they could apply for FLR. Btw, as FLR can be applied for anytime, by first date I mean such that they would only need to get FLR once before being able to apply for ILR.

Example :-

Visa Issued 1/1/2013 therefore expires 1/10/2015. Arrived in UK on 1/1/2013.

Person can apply 30 months after arriving in the UK = 1/7/2015. But as they can apply 1 month (28 days?) before the 30 months has elapsed effectively they can apply 1/6/2015

The latest date would be 1 month (28 days?) after the visa expires i.e. 1/12/2015

So, in effect there is a maximum 5 month window in which to apply.

Any errors in my logic?

[7by7]

For those who entered as a spouse, civil partner or unmarried partner.

They can apply any time after they have been living in the UK for 30 months; although as you say they can actually submit the application up to 28 days before this.

The latest they can apply is the day their initial visa expires; not, as you state, 28 days after this.

So the 'window' is around 4 months, not five.

Of course, if they delay their first arrival for more than 3 months then they will not have lived in the UK for the 5 years needed to be residentially qualified for ILR when their FLR expires and so will have to make a second FLR application to cover the gap.

Different for those entering as a fiance or proposed civil partner.

Initial visa valid for 6 months, during which time they must enter the UK, marry or register their civil partnership and apply for FLR.

That FLR valid for 30 months, after which they apply for ILR.

[durhamboy]

Thanks 7by7.

So, as you say, there is no official period of grace after the initial settlement visa has expired. However, what do you think HMG would do if someone was a month late with their FLR application? I'm sure this must happen on occasions.

[7by7]

To be honest, I don't know; I also can't recall any one this has happened to.

But looking at the way things are, and are going, these days, the most likely response being that you have had plenty of time to prepare for and submit your application, but haven't done so. Not our fault or problem; yours. Home you go to start all over again.

[durhamboy]

That seems harsh but, as you say, the current climate is leaning towards a hardline approach. I suppose the best thing to do if you are "in time" is to send all the FLR papers by secure, recorded delivery. Things still do get lost in the post - happened to my wife's National Insurance No. application recently.