Quick question.

After consulting a solicitor I have filed for an flr(o) visa to extend my stay in the UK.
I currently have a spouse visa, but I did not arrive in the uk until ~40 days after the date the visa was valid.

So there was a small gap in time that had to be covered as you cannot apply for a ILR visa before a period of ~month. So I had to apply for an extension to cover this gap of days.

My question is this, if the first visa is approved, is it then possible to apply for the ILR visa after the date of expiry of the original spousal visa? The reason I am asking is because I have sent in my U.S. Passport for application of the FLR(O) visa and it will most likely not be returned until after expiration of the original spousal visa.

Thanks

If you are here as a spouse then FLR (O) would never be the right form.  Who gave you this advice?  It was wrong.

When did you enter and when is the expiry date? 

I have a bad feeling about this.

Vicky

If you are in the UK as a spouse and need to extend your stay, then you need to fill out form FLR(M) not FLR(O).

From the UKBA Home Office website (http://www.ukba.homeoffice.gov.uk/ukresidency/extendingyourstay/applicationtype/):

Form FLR(M)

Form FLR(M) is the form for applications for further leave to remain by married and unmarried partners. Complete form FLR(M) if you are a husband, wife, civil partner, unmarried or same-sex partner. You should read Completing application form FLR(M).

Form FLR(O)

Form FLR(O) is the form for many other types of application for further leave to remain. You should complete form FLR(O) if you are a:

    * visitor (to apply for permission to extend your stay for up to a total of six months);
    * visitor undergoing private medical treatment;
    * postgraduate doctor or dentist;
    * a domestic worker in a private household;
    * person with United Kingdom ancestry;
    * overseas qualified nurse or midwife;
    * dependant of member of HM Forces who is exempt from immigration control;
    * person who is in the United Kingdom for other purposes or reasons not covered by other application forms (this does not include asylum).

You should read Completing application form FLR(O).

Vicky,

My Visa was valid from 22/02/07 to 22/02/09. I arrived in Britain 3 apr 2007.

My solicitor gave me the advice.

Thanks.

Your solicitor totally misadvised you.  You should have applied on form FLR (M) or even form SET (M).  The Home Office would have just kept hold of the application until 3rd April 2009 and then processed the application.

Vicky

Vicky
I appreciate your feedback. So what options, if any do I have now?

I'd get a new solicitor to tidy the mess up, and demand a full refund from the people you have just paid.

Vicky

Vicky,

Thank you for your advice. Do you know of any reputable solicitors? I am frankly worried and stressed and believe I need a good one to sort this out.

Kind regards,
Stephen

I'm sure Vicky's not one to toot her own trumptet, but have you checked her signature in her posts? 

WHOA!  Vicky is not a solicitor. 

A solicitor is a member of the Law Society and is regulated by the Solicitors Regulation Agency (http://www.sra.org.uk/consumers/consumers.page). 

Vicky's an adviser.  Regulated by the OISC. 

It's important to be aware of the difference between them and the implications of instructing one or the other.

There are pretty much no implications at this level, and I would be delighted to help.

The only implication comes if a matter goes to a higher court than the AIT, when I don't have rights of audience.



Vicky

Yes, I was aware of that (not that I explicitly stated that she was a solicitor), but at the same time I am aware that Vicky is more than capable of helping out the OP. She certainly knows more about Immigration than his current representative, that's for sure.

It's not a question of competence because there's no argument there.  The OP asked for a solicitor and it's not totally transparent to refer them to someone who's not without providing the caveat.

My fault.  i suggested a solicitor, I should have said "or OISC registered rep".

Mea Culpa!   

Vicky