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Topic: Complicated visa question  (Read 883 times)

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Complicated visa question
« on: November 12, 2019, 11:25:25 AM »
Hello,

I did try doing a search for this question and nothing came up, so my apologies if it's been covered before.

The background is that my FLR(m) visa is set to expire in June 2020. The issue is that my family and I relocated to the Cayman Islands (a British Overseas Territory) in August 2018 for a job opportunity. We soon realized our egregious mistake and have been working on trying to move back to England. It's possible that my husband's current employer would relocate him to the London branch, but we have a lot of questions about what would happen in terms of my visa.

Would I need to start from scratch and apply from the U.S.? Could I move back immediately to England with my family, start acquiring British settlement documentations (e.g., our joint names on a tenancy agreement, our names on utilities bills, being registered to a GP surgery) and submit those, along with our Cayman documents, for a renewal of my Further Leave to Remain visa? Does it matter at all, for the sake of my visa, that Cayman is a British Overseas Territory?

We may need to talk to an immigration lawyer, but any assistance you could provide here would be most welcome!


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Re: Complicated visa question
« Reply #1 on: July 30, 2020, 07:29:14 PM »
Hello,

Bumping this up, as I haven't received any advice on how to proceed and the situation has just become... interesting...

My family and I moved back to the UK during the pandemic, a few days before the lockdown started. I spent the majority of my first FLR visa outside the country (see earlier thread). My visa expired on 17 June, and I applied for another round of FLR at the end of May.

Today I received an email from the immigration office, telling me that an initial review of my application indicates that I should have applied for ILR instead. I am a bit floored by this, given first that I haven't taken the Life in the UK test yet and second, because I spent so much time outside the UK.

I don't really know how to respond to the officer at this moment. While I would love to get ILR now, I had assumed that, if my application wasn't rejected outright, that I would be put on a 10 year route instead.

I would be grateful for any advice or insight anyone on this forum could provide. Thank you.


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Re: Complicated visa question
« Reply #2 on: July 30, 2020, 07:59:25 PM »
Hello,

I didn't see your first post.

What date was your first visa granted? 

And was it a spousal visa that you applied for from the US or a fiance visa?  If a fiance visa, what date was your FLR(M) granted?

If a spouse visa, what date did you enter the UK (date stamped on your sticker in your passport)?

Is  your partner a member of the Armed Forces?


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Re: Complicated visa question
« Reply #3 on: July 30, 2020, 08:04:36 PM »
Sorry no one replied before.

Today I received an email from the immigration office, telling me that an initial review of my application indicates that I should have applied for ILR instead. I am a bit floored by this, given first that I haven't taken the Life in the UK test yet and second, because I spent so much time outside the UK.

There's no limit to how long you can spend outside the UK for either FLR(M) or ILR. As long as the UK is your main residence and you lived WITH your UK sponsor in the Cayman Islands, that time will count towards ILR.

What will determine whether you qualify for ILR or not will be the date you originally moved to the UK (if you entered on a spousal visa) or switched to FLR(M) (if you entered on a fiance visa and then got married).

So, what date did you first move to the UK? And what visa did you enter on?

Quote
I don't really know how to respond to the officer at this moment. While I would love to get ILR now, I had assumed that, if my application wasn't rejected outright, that I would be put on a 10 year route instead.

What response are they asking for? Have they asked you to take the Life in the UK test, and/or pay the extra fee for ILR?


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Re: Complicated visa question
« Reply #4 on: July 30, 2020, 08:09:03 PM »
Oh, I see from your previous posts that you applied for your spousal visa in 2015, and then you applied for your FLR(M) in 2017.

Therefore, the email is correct - you do qualify for ILR, and that's what you should have applied for. So, it looks like they are giving you the option to change your application to ILR, instead of being granted an FLR(M) visa that you don't need.

Since the Life in the UK test centres have been closed due to Covid, not many people have been able to take the test before applying, so it looks like they are allowing some leeway there - so you may be still be able to take it and get ILR even though you have already applied.


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Re: Complicated visa question
« Reply #5 on: July 30, 2020, 09:48:28 PM »
Oh, I see from your previous posts that you applied for your spousal visa in 2015, and then you applied for your FLR(M) in 2017.

Therefore, the email is correct - you do qualify for ILR, and that's what you should have applied for. So, it looks like they are giving you the option to change your application to ILR, instead of being granted an FLR(M) visa that you don't need.

Since the Life in the UK test centres have been closed due to Covid, not many people have been able to take the test before applying, so it looks like they are allowing some leeway there - so you may be still be able to take it and get ILR even though you have already applied.

Excellent detective work.

Yes, as long as you show you and your spouse were TOGETHER while living outside the UK, you should be fine.  And study for the LIUK test.  Knock that puppy out!


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Re: Complicated visa question
« Reply #6 on: July 31, 2020, 06:41:44 AM »
Thanks for all the quick replies. I couldn't respond yesterday because my daughter decided that she didn't want to go to bed at an appropriate time  :P

I'm still a bit floored that ILR would even be a possibility, since the lawyer we consulted a while back indicated that it would be a long shot. I guess that's how much lawyers know!

Beyond that, though, is the fact that my application is not straightforward. After a year of living in Cayman, the children and I left to travel around Europe during Hurricane Season, with plans for all of us to spend December together in Dublin and then make the very long journey back to Cayman. That didn't happen, however, because my husband received word that he would be transferred back to London. The kids and I stayed behind in Europe - - first the UK, then Portugal - - both to secure housing in London for our real return and because the many trans-Atlantic airplane rides would be too much for the children (then ages 3 and 1). Obviously on hindsight it was the right decision, in light of Corona, since we were able to move into our house even during lockdown.

But yes, that's the reason that we fear rejection for my visa, and why we didn't think that ILR was even possible.


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Re: Complicated visa question
« Reply #7 on: September 10, 2020, 11:31:35 AM »
As an update, my husband and I decided to stick with our application for FLR. We thought it safer, given how high the stakes are.

I got the app invite on 27 August and submitted my biometrics that night.

I read other forums about people getting decisions earlier using in-person appointments, so on 5 September I resubmitted biometrics in Croydon. I'm glad I did because I think I may have messed up my app selfie (e.g., I was told to remove my dangling earrings, which I didn't know was a problem...).

And...today I just received my notification letter that my application was approved! Such a huge relief!

I will be taking the Life in the UK test at the end of October and hopefully shortly thereafter finally apply for ILR.


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Re: Complicated visa question
« Reply #8 on: September 10, 2020, 02:42:59 PM »
Congratulations!


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