FLR M less than 14 days to expiry

Hi all,

So through a couple of mistakes...still waiting on my partner's bank statements to come through because he forgot to change the address on his bank accounts means that we are now in the 14 days or less zone. Yes I am now in panic mode and am already looking at flights back to the U.S.  I do have some questions though:

1) We are hoping the statements will come in this week, but will still be less than 14 days to expiry, what kind of documentation does UKVI need in regards to why I didn't apply sooner?

2) with Christmas coming up, I know the office will be closed...does my application have to be postmarked before the expiry date or physically received by the expiry date.

3) If I have to go back to the U.S. can I leave on the day my visa expires or do I need to leave before?

And lastly, if I do have to apply from the U.S. Will this negatively impact my application for ILR or will I have to apply for a third round of FLR M?

Thank you in advance... we know we screwed up on this one

1) I’m not quite sure what you mean by the ‘14 days or less zone’,  but you don’t need any documentation. As long as the application is postmarked on or before the expiry date you’re perfectly fine and there’s nothing to explain.

2) the office will likely only be closed on Christmas Day, Boxing Day and New Year’s Day. But as I said, as long as it’s postmarked on or before the expiry date, there’s no issue

3) why would you need to go back to the US? Just make sure your application is in the mail before the expiry date. If you did leave though, you have to be gone by midnight on the expiry date.

For the final question, I’m not sure.


Sent from my iPhone using Tapatalk

Also, if you’re worried about getting the bank statements timing, can you not just print them all from online banking and then take them into the bank and ask them to stamp/sign them on every page?

Alternatively you could ask the bank to print them in-branch, so you don’t have to wait for them to be mailed to you.


Sent from my iPhone using Tapatalk

Thank you!  I must have read the guidance wrong (or maybe I was reading the FLR guidance for the wrong category???)... I thought it said that if you apply within 14 days or less of the expiry date that you have to put the reason in your application and provide documentation, but we'll make sure that the application is postmarked before the expiry date.

In terms of the bank statement, our bank changed their policy since the last time I applied and they can now only supply three months worth of bank statements in branch, anything more and they have to be ordered taking up to five business days.  My partner is going to print out his statements as it looks like the address on his account has finally been changed (not sure why it takes so long if you go into a branch to do it) and see if they will stamp the pages today.  Fingers crossed because I would really like to send the application off this week and be done with it.

Thanks again....typical me panicking 

Thank you!  I must have read the guidance wrong (or maybe I was reading the FLR guidance for the wrong category???)... I thought it said that if you apply within 14 days or less of the expiry date that you have to put the reason in your application and provide documentation, but we'll make sure that the application is postmarked before the expiry date.

No, that’s for illegal overstayers... if your visa expires and you haven’t applied yet, you have a grace period of 14 days after the expiry date to get an application in without the overstay counting against you. It used to be 28 days but it was reduced to 14 days a few months ago.

However, you need a VERY good reason why you were physically unable to apply before your visa expired. For example, a family bereavement or you were hospitalised.

The only requirements for applying before it expires are that you don’t apply more than 28 days before you reach 30 months in the UK (if you currently have a spousal visa) or before your visa expires (if you currently have an FLR(M) visa) and that you get your application in before the visa expires.


Sent from my iPhone using Tapatalk

Thank you ksand! 

Is it still recommended to print out the application form and post rather than using the online application?  Are there any differences in processing times?

I filled out the online form earlier this month, but printed out the original application form and completed it because I saw that people were having problems with the online application and also because it asks different questions.

Thank you ksand! 

Is it still recommended to print out the application form and post rather than using the online application?  Are there any differences in processing times?

I filled out the online form earlier this month, but printed out the original application form and completed it because I saw that people were having problems with the online application and also because it asks different questions.

Either way you need to post it all in but yes, you are best to use the paper form.

I must have read the guidance wrong (or maybe I was reading the FLR guidance for the wrong category???)... I thought it said that if you apply within 14 days or less of the expiry date that you have to put the reason in your application and provide documentation,

You have misunderstood. You haven't overstayed your visa and those with a valid visa can apply for another visa from within the UK.

A 28 days grace period was brought in for those who forgot to renew their visa before it expired, but too many just used that as an extra 28 days from their visa end date. That 28 days overstay then got changed to 14 days, but is now only if there is a very good reason why the visa was not renewed before the visa exprired. Abuse always gets things shut down.
 
Statement of Changes in Immigration Rules. 3 November 2016
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/564933/57079_-_HC_667_-_Web_Accessible.pdf


On page 14 of 16 (page 87 of 90)

"This 28 day period was originally brought in so that people who had made an innocent mistake were not penalised, but retaining it sends a message which is not consistent with the need to ensure compliance with the United Kingdom's immigration law."

The 28 days is being abolished. It's being replaced with "where the Secretary of State considers there is good reason beyond the control of the applicant" and "provided the application is made within 14 days of the expiry of leave".


As ksand has said, that rule change won't affect you because your visa has not expired.

As long as you submit a valid application before your visa expires, you would be covered by 3C of the Immgration Act 1971. Which means that if your visa expires while UKVI are making a decision on your valid, in time application, your stay would be lawful during this time and you can still have the same terms of your expired visa while your application is with UKVI  i.e. allowed to work, allowed to use the NHS bill free.