Different marriage scenario - Need help!

Hello there,

I am pretty sure nobody is in the same situation as me but I am hoping that someone can give me some great advice.

Scenario:
I am British and he is American. My husband and I met early 2009 in Rome, Italy. My husband is in the US Army and was based near Venice at the time. We had a long distance relationship flying back and forwards from London and Venice. Late 2009 we got engaged while on holiday. Late 2009 he was deployed to Afghanistan (where he still is). On his two week holiday this year, we went to Australia and got married. He will soon be returning from Afghanistan to his Base in Italy but will be finishing the Army for good. From December onwards (when he is officially out of the Army) we are planning a life together in London.

I have done my research and I think I need form FLR(M). I am a little bit worried though of Section 6 which says:

6.1
Did you get an entry clearance as a spouse, civil partner, unmarried or same-sex partner, fiancé(e) or proposed civil partner before entering the UK?

I've done reserach on this but don't really understand what they want?!? So, if I don't have this entry clearance I have to fill out the rest of of the form which is as follows:

Were you granted a Certificate of Approval for marriage or civil partnership?

Well, umm, the answer would be no, because we got married in Australia.

6.3 to 6.7 no worries but then... question 6.8... ahhh:

When did you start living together?

Duhh... we have never lived together "officially". It's always been back and forth.. as it was a long distance relationship. Or does that count as "living together".

I am so utterly confused and terrified that we won't get this visa because it might look like who knows what.

Anyone ever been in a similar situation? I would so much appreciate advice or someones past experiences.

Many thanks in advance!

Someone will correct me if I'm mistaken, but I think what he'll need is a spouse visa, not FLR(M). 

Nothing unusual about your situation at all.  The problem is that you've got the wrong form.  FLR(M) is for people who were married in the UK and are applying for further leave to remain from inside the country.  You need to apply for a spousal visa.  In order to do that, you will have to go to to http://www.visa4uk.fco.gov.uk/ and fill out the online form.  When choosing the form you select first Settlement then Husband in the drop-down menus.  From there it should be pretty smooth sailing.  

Given that you are British and your husband is American - and that you guys want to settle in the UK, you need not apply for anything. Your husband needs to apply for a spouse visa [and not FLR(M)]. 

I have done my research and I think I need form FLR(M). 

Given that you are British and your husband is American - and that you guys want to settle in the UK, you need not apply for anything. Your husband needs to apply for a spouse visa [and not FLR(M)]. 

I expect she's filling out the form for her husband since he's in Afghanistan. 

Thanks guys!  The help is much appreciated.  We will be applying for the visa from within the UK as soon as gets back home. Thank you, thank you, thank you!

Thanks guys!  The help is much appreciated.  We will be applying for the visa from within the UK as soon as gets back home. Thank you, thank you, thank you!

He will need to return to the US in order to make application and cannot apply from inside the UK as he holds no legal status in the UK and cannot apply as a visitor in the UK either. He can only apply from the United States.

Sorry but he can't apply for that visa from the UK.  He has to go back to the US to do it.

I agree it needs to be applied for abroad, but...

Could he not apply in Afganistan?  Or Italy? 

Garry, do you really think it's likely that he'll find the necessary facilities in Afghanistan?  And is it wise to have a visa sent to a war zone?

Hmmm... well applying from abroad is no problem as he'll be in Italy until December.  Not sure how long the procedure takes though? I suppose he'll have to go an interview after making the online application (though this website says: http://www.ukvisas.gov.uk/en/applyonline/supportedcountries/ [nofollow] that online appointments for Italy are not possible). I am just looking into this. My husband will also be visiting his parents in the US for four weeks in January/February next year so maybe he could do it from there. Anyone can tell me how long it takes in the US?

Anyone can tell me how long it takes in the US?

Wow.  The 90 gazillion threads in here about how long it takes wouldn't reveal something? 

No, I'd prefer if someone told me. So that we can make it 91 gazillion threads.

Sorry, found it a couple of minutes after I posted my reply.

If it were me, I'd apply from the US.  It's quicker as you can apply online and get premium processing, and there's no interview.  Plus, I'd be concerned that there might be issues with his residency status in Italy.  Presumably, if he's on a US military base then he's not technically an Italian resident, which would mean that he couldn't apply from there.  I may be wrong about that (not sure what the legal residence status of US troops abroad is) but it strikes me as a potentially complicated situation.  If he applies from the US it will be far simpler. 

I thought about that and i think that indeed there would be issues about his Italian residency.

I'm slightly unsure about the type of Visa again though.  I rung the customer UK Bordery Agency hotline this afternoon and the lovely -very rude- woman on the phone told me that it *was* possible to file an application from within the UK -> FLR(M).  Then, I asked her if she was absolutely sure, because we did not want to break any immagration rules and she said "no" she wasn't sure. What good is that? If she is not sure how am I supposed to know?

So I am thinking - from a legal perspective - even though a bit of a hassle my husband, as already widely suggested, could do the premium service when in the USA. I am just really hoping it works out.