Hi

My wife and step daughter are in the UK currently under a settlement visa. For whatever reason it took longer than 3 months for them to arrive in the uk after their initial visa was granted. Therefore they need to apply for FLR twice before applying for ILR.

My question is what is the earliest they can apply for FLR? With the price increase and rule changes regarding english tests i would rather apply for the first FLR now. By the time the second is up she would have easily had the full five years.

Suggestions are appreciated.

Thanks

CH23.

FYI; Her settlement visa doesn't expire until April 2017

The earliest someone can apply for FLR is 28 days before they've been in the UK for 30 months. i.e. UK entry date plus 30 months minus 28 days.

Thats the standard text i jave read. But, as explained, she wont make 30 months. The ukba guidance and website states before the visa runs out.

As i will have to apply for flr twice and not use the full visa visa period can i apply at me leisure? So long as she gets 5 years worth by the time she applies for ilr what difference does it make?

Sorry, not sure as regards the 'when'. One of the categories at the start of the FLR(M) form is:

"You delayed your travel to the UK by more than 3 months after the issue of a visa, and have not yet completed the relevant period of time in one of the categories at question 2.1"

So you'd think you could do it anytime. Somebody more in the know than me can hopefully advise on timing, although I imagine that if you meet all the other criteria, (financial requirement, English language requirement, correct documents, etc..), then UKVI will happily take your money.

I am fairly sure that they can apply at any time; though I cannot find any official confirmation of this. All the guidance says is that you must apply before your visa or current leave to remain expires.

Thanks. This was my understanding from all the various sources that i have read. Sure, my circumstances are fairly obscure, but if i apply before April it looks as though i could save myself a bit of cash and hassle.

I asked the question to see if anyone else had applied well in advance. This should be a straight forward but we all know what they are like. I will update once i have received a decision.

Quick update: called the immigration visa centre today and they said you cannot apply outside of 28 days before the end of the visa ends regardless if you meet 30 months or not. I asked why the guidance and application form is contradictory to this advice. Stating that it said it says you should apply before the end of your visa and does not specify a time frame. I even said I have evidence of previous applicants who have applied outside this window and her resonse was you just cant. I asked her to check and she came back with the same answer.

This is another example of how we need to be very careful of their interpretation of their own rules. Especially when they make them up at will. Sigh...

You know it's bad when you can't even trust the answer you're given as supposedly definitive. The officer who looks at the application might disagree with what the woman on the end of the phone said. They really don't make it easy.