Visa expiry

I've been living in the UK since Oct 2016 this time around. So I am about to apply for my FLR(M), but my husband just told me we no longer have my youngest son's birth certificate, because it got ruined (thanks for letting me know!). My BRP card doesn't expire until June, could I hold off on applying until I can get a new copy of the birth certificate, or should I put in the application and explain what happened? Or will they just deny the application if the birth cert is missing? Why do we need to put all this paperwork in again, surely they have it all on record already from when I applied for my visa in the first place. Ugh.

Side rant, it's a little annoying having to write down every family member I have in the US. I've only done close family, and it's still really long. I have 5 brothers. And I have had to write them down at least 4 times so far on this application. I don't want people assuming just because I have family in the US, that I could go live with them if my visa was refused, because I can't, and wouldn't. For very good reasons.


TL;DR - I have been here 2.5 years next month, but BRP is valid until June. I need a new copy of my youngest son's birth certificate. Can I wait until I have it, and not be considered overstaying?

I've been living in the UK since Oct 2016 this time around. So I am about to apply for my FLR(M), but my husband just told me we no longer have my youngest son's birth certificate, because it got ruined (thanks for letting me know!). My BRP card doesn't expire until June, could I hold off on applying until I can get a new copy of the birth certificate, or should I put in the application and explain what happened? Or will they just deny the application if the birth cert is missing? Why do we need to put all this paperwork in again, surely they have it all on record already from when I applied for my visa in the first place. Ugh.

Side rant, it's a little annoying having to write down every family member I have in the US. I've only done close family, and it's still really long. I have 5 brothers. And I have had to write them down at least 4 times so far on this application. I don't want people assuming just because I have family in the US, that I could go live with them if my visa was refused, because I can't, and wouldn't. For very good reasons.


TL;DR - I have been here 2.5 years next month, but BRP is valid until June. I need a new copy of my youngest son's birth certificate. Can I wait until I have it, and not be considered overstaying?

You can apply any time from 28 days before you reach 2.5 years in the UK until the expiry of your visa (the date on your BRP).  As long as you have a valid application in before the expiry date on your BRP, your current visa status will continue until the application for FLR(M) has been decided.  So get that birth certificate as soon as you can, but you have until that June date to apply.  You're going to be okay. 

You should only have had to mention your US connections once, unless the application has changed significantly.  Can  you explain where you have had to list your brother's details four times?

I don't want people assuming just because I have family in the US, that I could go live with them if my visa was refused, because I can't, and wouldn't. For very good reasons.

That may be so, but firstly, those would only be considered if you did not qualify for the visa (you didn’t meet the financial requirement) and they had to consider whether or not the visa could be issued outside the rules under Article 8 instead (which can be done if you have a U.K. citizen child living in the U.K.).

And secondly, that were to happen, then really, the only reasons that UKVI will consider are good enough for you not to be able to return to the US are:

- your life would be in danger if you tried to return to the US (I.e. due to war, terrorism, natural disasters etc.)
- there’s a legal reason why you could not return to live in the US (for example, if your U.K. spouse cannot legally enter the US due to an immigration ban, criminal convictions or serious medical conditions)


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You can apply any time from 28 days before you reach 2.5 years in the UK until the expiry of your visa (the date on your BRP).  As long as you have a valid application in before the expiry date on your BRP, your current visa status will continue until the application for FLR(M) has been decided.  So get that birth certificate as soon as you can, but you have until that June date to apply.  You're going to be okay. 

You should only have had to mention your US connections once, unless the application has changed significantly.  Can  you explain where you have had to list your brother's details four times?

Thank you so much...you've taken such a massive weight off my shoulders. I was/am literally losing my hair over the stress in my life right now, and this visa isn't helping.

They asked for myself, and then for every child I am not including in my application (3). I haven't filled in the part about my dependent son who will also be on my application, so for all I know I will have to do it again.

That may be so, but firstly, those would only be considered if you did not qualify for the visa (you didn’t meet the financial requirement) and they had to consider whether or not the visa could be issued outside the rules under Article 8 instead (which can be done if you have a U.K. citizen child living in the U.K.).

And secondly, that were to happen, then really, the only reasons that UKVI will consider are good enough for you not to be able to return to the US are:

- your life would be in danger if you tried to return to the US (I.e. due to war, terrorism, natural disasters etc.)
- there’s a legal reason why you could not return to live in the US (for example, if your U.K. spouse cannot legally enter the US due to an immigration ban, criminal convictions or serious medical conditions)


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Ah ok, we definitely meet the income requirements, and our 3 children together are UK citizens living in the UK. I think I'm just freaking out as always, thinking they will do anything they can to refuse visas. But I have literally no reason to be refused, so I need to stop spiralling and just get everything in order to apply. Thanks for the clarification.

Ah ok, we definitely meet the income requirements, and our 3 children together are UK citizens living in the UK. I think I'm just freaking out as always, thinking they will do anything they can to refuse visas. But I have literally no reason to be refused, so I need to stop spiralling and just get everything in order to apply. Thanks for the clarification.

That’s not how it works. If they refuse a visa they have to have good reason for it.

It’s a tick-box visa... if you meet all the requirements, send all the documents and tick all the boxes, they cannot refuse the visa.

If you don’t meet all the requirements, they will next look to see if you can be issued a visa under Article 8. In that case, as you have 3 UK citizen children, they will most likely put you on the 10-year path to ILR instead.

Refusal would be a last resort.

If for some reason, the visa was refused, you would likely then be given 14 days to either appeal the decision (which could take up to a year) or make another application from inside the UK.

So, you would only end up having to leave the UK if you had exhausted all those options and you still weren’t granted a visa.

But even then, you would still have the option to return to the US and apply for a fresh spousal visa to move back to the UK when you met the requirements again.


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