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Topic: FLR (M) 28 days from 30 months or 33 months??  (Read 4354 times)

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FLR (M) 28 days from 30 months or 33 months??
« on: April 10, 2014, 10:33:07 PM »
Hi All,
Thought It would be longer than this before I decided to torture myself with the UKBA site and visa/settlement/citizenship queries but despite being annoyed that indeed there doesn't seem to be anyway around the 5 year plan now before citizenship I have a question about the first time I apply for FLR (M) now that I am in the UK with my entry visa. The entry visa was issued for 33 months beginning 19/9/13. I arrived in UK 3/10/13 now my question is can I apply 28 days before it hits 30 months? It said online that once I hit 30 months I can apply for FLR (M) but then says that you shouldn't apply before 28 days before date of expiry which for me will be nearly 3 months after the 30 mth period. Can anyone shed a little light? Obviously not an issue for a while but just want to know. Thanks!

About Us:
November 2008:Met in Bermuda and fell in love (both lived there until 2011, ME from USA, him from UK
August 2010:Engaged (while visiting UK)
October 2010:Married in UK with License to Marry
July 2011:Moved to States (after securing Husband green card)
July 2012: Decide to try our luck in UK as crap year in US-but unfortunately for us made the decision right after all the rules changes
October 2012:Join the hubby in UK knowing that I will have to leave in 6 months to apply for spouse visa
April 2013:Exiled to the States to await even applying for Spouse Visa (as husband had to show 6 months of work/pay and he had started a new job Jan 2013
August 2013:Finally begin process
September 2013:VISA delivered
October 2013:Enter the UK


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Re: FLR (M) 28 days from 30 months or 33 months??
« Reply #1 on: April 10, 2014, 10:45:42 PM »
You can apply 28 days before your 30 month anniversary of living in the UK.


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Re: FLR (M) 28 days from 30 months or 33 months??
« Reply #2 on: April 11, 2014, 08:12:07 AM »
It said online that once I hit 30 months I can apply for FLR (M) but then says that you shouldn't apply before 28 days before date of expiry which for me will be nearly 3 months after the 30 mth period. Can anyone shed a little light?

It gets a bit confusing because visas are issued for different lengths of time and it depends which visa you have, and when you entered the UK on your visa (if it's a spousal visa), as to when you can apply.

For ILR, you have to spend 60 months living in the UK: 30 months on your first visa and 30 months on your second visa.

If you apply for your first visa as a spousal visa outside the UK, it is valid for 33 months - this is in order to give you 3 months leeway at the beginning of the visa to get organised and move to the UK, and still qualify for ILR later on.

If you arrive in the UK on a different visa (fiance visa, work visa, student visa) and get married in the UK, then switch to FLR(M), it will only be valid for 30 months because you are already in the UK.

So:
1) if you have a spousal visa, for FLR(M), you can apply 28 days you reach 30 months in the UK. Depending on when you entered the UK on your visa, this may or may not be 28 days before the visa expires (if you entered the UK on the day the visa started, you can apply for FLR(M) 3 months and 28 days before it expires).

2) If you have an FLR(M) visa as your first visa, which is only valid 30 months, you cannot apply for the second FLR(M) until 28 days before the visa expires... because this is also 28 days before you reach 30 months in the UK.

So, for you, if you entered the UK in October 2013, you can apply for FLR(M) in March 2016 (28 days before you reach 30 months), even though your visa will be valid until June 2016.


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