How soon can I apply for second FLR (M) for my wife?

[mrskint]

Hi guys,

My wife's FLR (M) visa finishes in March 2017 and I'd rather apply sooner rather than later for the next one because of circumstances that could possibly leave me without a job in the new year. I might be fine but I'd rather be safe than sorry and apply as soon as I can and dispense with that worry. So is there a set maximum period before expiry before we can reapply?

Thanks in advance

[TCA]

The requirement is 30 months in the UK, so it's 30 months from the date your wife actually arrived in the UK, regardless of any time outside the UK in between (within reason). But you're allowed to apply up to 28 days before then. So:

 

earliest FLR application date = UK arrival date + 30 months - 28 days

[TCA]

I just noticed that your subject refers to your wife's second FLR. My answer above is in respect of an FLR application following an initial settlement/leave to enter visa.

 

If you're referring to ILR then the date is 5 years from arriving in the UK, minus the 28 days.

 

If your wife will be applying for a second period of FLR, perhaps because she can't yet meet the English language requirement or hasn't yet passed the Life in the UK test, then I *think* your wife can apply at any time prior to the existing visa expiring. Someone more knowledgeable will be able to confirm that.

 

 

[mrskint]

Yes so to clarify, she came in on the usual fiancée/marriage visa, we got the first FLR and we are nearing the end of that now and need to apply for the next one. She's only been in the uk about 2 and a half years so we are nowhere near ILR status yet.

Would be useful if someone could clarify when we could apply for the next FLR, the sooner the better as far as I'm concerned.

Thanks in advance

[TCA]

Then I believe my first reply is correct and by the sounds of it you could probably be applying around now. But be very careful with the dates because remember you need 5 years in the UK to qualify for ILR, so you don't want this next visa expiring before then or you'd have no choice but to go for FLR again. Another thing to bear in mind is that the FLR English language requirement changes from A1 to A2 from around next month, I don't know exactly when.

[7by7]

18 hours ago, TCA said:

earliest FLR application date = UK arrival date + 30 months - 28 days

She actually could apply at any time. The only rule on this point is that the application must be made before the applicant's current visa or leave to remain expires.

 

But, like her current FLR, that FLR will only be valid for 30 months.

 

So if she applies to soon she will have to get, and pay for, a third one to make up the five years she needs for ILR.

 

Remember, that 5 years doesn't start from when she arrived in the UK with her fiance visa; it starts from when she obtained her first FLR after your marriage.

 

Does she work? For FLR (and ILR) her income can be used towards the financial requirement as well as or instead of yours.

[charlieboy1]

you can not apply before the 28 days of visa ending and you must apply in between the 28 days I am in the middle of filling out the 100 page ILR form at this moment. if you apply before it will be rejected and your have a job getting your £1875 pounds back. because I am not married to my partner we have had to wait 6 years to apply for the ILR the 2 visa,s we got before were 3 years each on discretionary leave to remain.

[charlieboy1]

1 minute ago, charlieboy1 said:

you can not apply before the 28 days of visa ending and you must apply in between the 28 days I am in the middle of filling out the 100 page ILR form at this moment. if you apply before it will be rejected and your have a job getting your £1875 pounds back. because I am not married to my partner we have had to wait 6 years to apply for the ILR the 2 visa,s we got before were 3 years each on discretionary leave to remain.

where are you uk or the land of smiles

[charlieboy1]

any visa applied for in the uk is within the 28 days of visa ending

[charlieboy1]

sorry in my other replies I said two 3 year visa's it was two 30 month visa's making it 5 years the set O ILR form is a big form 100 pages but most of it will not apply so your only need to fill in about 20 pages of it. I done the last two visa's my self and as you can tell by my posts that I am not very educated so easy to fill out.

[7by7]

Charlieboy1,

 

The OP is asking about FLR, that is Further Leave to Remain.

 

You are posting about ILR, that is Indefinite Leave to Remain.

 

As said, one can apply for FLR at anytime, as long as it is when or before one's current visa or leave to remain expires; but if one does so too early then it will expire before one has completed 5 years in the UK and so another FLR application, and fee, will be needed to make up the missing time.

 

To be time qualified for ILR under the five year (partner) route one needs to have been resident for at least 5 years, although one can submit the application up to 28 days before this. As you say, apply too early and you will be refused as the residential qualification isn't met.

 

But as said, that's ILR and the OP is asking about FLR.

 

Why are you, or rather your partner, using SET(O)? Unmarried partners apply for ILR using form SET(M).

 

From the SET(M) guidance notes

Quote

1. For Which Applications Must You Use Form Set(M)? 
Form SET(M) must be used if you are applying for indefinite leave to remain in one of the following categories: 

- spouse or civil partner of a person present and settled in the UK

- unmarried or same-sex partner of a person present and settled in the UK

 

If you look at the SET(O) guidance notes you will see that a partner would only use that form if they are applying as a bereaved partner; i.e. because you had died!

 

[charlieboy1]

we have to use set 0 for other reasons not covered by any of the other forms my partner as DLR visa as we have a 8 year old daughter born in the uk. I think the only reason they have let her stay in the country is because we have a daughter. I met her in the uk while she was on a work permit here about 10 years ago

[charlieboy1]

we were told to use SET 0 by the ukba

[7by7]

I see; she isn't following the spouse/partner route; got it.

 

Therefore, with respect, her and your experiences are of little use to those who are.