FLR(M) Sanity Check

I used the info on this site a couple of years ago when we were doing our first applications, and it's time to do them again so I thought what better place to ask for advice as it seemed to have helped the first time.

I'm sure I'll get some of the terminology mixed up and I'll post up the standard checklist shortly, but I just first wanted to ask about application dates.

My (then girlfriend) came to the UK on a marriage visa in June 2018, we were married in late August and then applied to switch to a FLR(M) visa in Nov 2018, we received approval on 10 Jan 2019 and received a BRP which expires on 18th July 2020.  The visa letter explained that we could apply to extend within 28 days of the visa/BRP expiring, so that's around the end of this week or early next week.

We've been doing the paperwork to extend the FLR(M) over the past few months and I believe that the steps are:
1) Online Application and pay for it and the IHS
2) Book a biometric application, and at this point you need to have uploaded all the docs at least 2 days before the application date
3) Attend biometric, with your docs again
4) Wait!

My first question is regarding dates.  If my wife's BRP expires on 18th July, I can do the online application from next week (Within the 28 day window), must she also have attended the biometric appointment before this date too, or can the biometric appointment be after the visa has expired? 

Also, related to the above, I've read that applying later is better as it gives you more time for the ILR, but is that the case for us as she was here on a marriage visa first for a few months, so that buys us time for the ILR and we won't be pressurised to rush?

Many thanks all.

I used the info on this site a couple of years ago when we were doing our first applications, and it's time to do them again so I thought what better place to ask for advice as it seemed to have helped the first time.

Welcome back .

My (then girlfriend) came to the UK on a marriage visa in June 2018, we were married in late August and then applied to switch to a FLR(M) visa in Nov 2018, we received approval on 10 Jan 2019 and received a BRP which expires on 18th July 2020.  The visa letter explained that we could apply to extend within 28 days of the visa/BRP expiring, so that's around the end of this week or early next week.

Yes, that’s correct - she can apply online up to 28 days before her current BRP expires.

We've been doing the paperwork to extend the FLR(M) over the past few months and I believe that the steps are:
1) Online Application and pay for it and the IHS
2) Book a biometric application, and at this point you need to have uploaded all the docs at least 2 days before the application date
3) Attend biometric, with your docs again
4) Wait!

Pretty much.

I believe only need to upload your documents at least 2 days before if you are paying for the document checking service. Otherwise I think you have until the biometrics appointment to upload... or you can pay for the document scanning service and they will upload the documents for you at the appointment.

My first question is regarding dates.  If my wife's BRP expires on 18th July, I can do the online application from next week (Within the 28 day window), must she also have attended the biometric appointment before this date too, or can the biometric appointment be after the visa has expired? 

No, the only thing she has to do is submit the online application by 18th July. Everything else can be done after the visa expires... and her immigration status and right to work will be automatically extended under Section 3C Leave while her visa is being processed.

Also, related to the above, I've read that applying later is better as it gives you more time for the ILR, but is that the case for us as she was here on a marriage visa first for a few months, so that buys us time for the ILR and we won't be pressurised to rush?

No, actually you have a bit more of a time crunch because she arrived on a marriage visa, as her 5 years for ILR didn’t start until Jan 2019. Her 2 FLR(M) visas are only valid for 30 months each (60 months total), and she has to spend 60 months on FLR before she can qualify for ILR (but can apply 28 days before), so there isn’t much leeway.

In comparison, if she had come on a spousal visa, it would have been valid 33 months and then the FLR(M) would be 30 months, giving an extra 3 months leeway for ILR compared to the marriage visa.

Having said that though, unless she uses the 24-hour Super Priority Service for £800 (though that is not available to everyone at the moment), the timing won’t matter too much as it’s likely to take a couple of months or so for the FLR(M) to be processed.


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Thanks so much for that info, much appreciated.

Regarding dates then, if we submit the application and pay the charges for example on the 15th July, (Visa/BRP expires 18th July) then have the biometrics on 1 Aug (Or whenever we can get an appointment).  We'll then wait perhaps 2 months for a decision, does the new visa start from the date of the decision or do they backdate it till the date of application?  It sounds like from your answer, they date it from the decision date which would benefit us for the ILR application?

Since my wife can't leave the country now really due to visa applications and suchlike, I may still go abroad with a couple of friends for 3 weeks.  My wife and I always holiday together and this is on the application under the dates that she's been out of the country.  However on the application one of the questions relates to me and is "Will your partner be in the UK on he date of this applcation?"  If I answer "No" it says "Where will they be and why" .  Is it frowned upon for me to be on holiday without my wife or not in the UK when she hits "Submit" on the application?  Without sounding selfish, this is the first holiday I've had all year so if I can get away with going away for a few weeks with my friends then it'd be good.

I suspect we'll apply mid July to give ourselves as much of a window as possible to do the ILR in 2.5'ish years.

The biggest issue as always is the proof of cohabitation and finance.  If we apply mid July I will not yet have my July salary slip. I've also read that "Evenly, throughout the two year period" doesn't need ot be dead bang on 4 months, but that there's a bit of leeway?  The reason I ask is that some bills in both our names are bi-annually (Water) and anually (Council Tax) so it's not quite perfect:

Finances:
- 6 Months of my payslips, since I won't yet have July's I will give Jan, Feb, March, April, May, June - I could give December's too just to be safe.  I've been at the same job for 7 years and have all the paperwork, so that's no issue
- P60
- 6 Months bank statement (1st Jan - sometime in early July, depends when I can get to the bank as they need to print & stamp them for me)
- Letter from my employer with all the same info as the first time around, just updated ... when HR get around to doing it.

Cohabitaion:
July 2021 - I should have received a Gas&Elec bill in both our names although it'll probably be 29th June 2021, that ok?
March 2021 - Council Tax bill in both our names
November 2020 - Gas&Elec Bill
July 2021 - Can I use my Water bill in both our names dated 15th June or is that too early?
March 2020 - Council Tax bill in both our names
November 2019 - Gas&Elec Bill
July 2021 - Gas&Elec Bill

That should cover the requirement for 2 documents from 3 different sources.  But are the dates ok?  My wife only gets mobile phone bills.  We could also ask the bank to print her statements out, as it's all online.  We have a few other bits with her name on which I can dig through if needed but I am not sure if the months are any good.

Sorry for bumping this, but I wonder if someone could cast the eye over the latest post when they have a minute?

Thanks so much for that info, much appreciated.

Regarding dates then, if we submit the application and pay the charges for example on the 15th July, (Visa/BRP expires 18th July) then have the biometrics on 1 Aug (Or whenever we can get an appointment).  We'll then wait perhaps 2 months for a decision, does the new visa start from the date of the decision or do they backdate it till the date of application?  It sounds like from your answer, they date it from the decision date which would benefit us for the ILR application?

It will be dated from when the decision is made. While they are considering the application, the applicant will have leave to remain under section 3C that says that the leave continues as long as a valid application for further leave is submitted before the old visa expires.

Since my wife can't leave the country now really due to visa applications and suchlike, I may still go abroad with a couple of friends for 3 weeks.  My wife and I always holiday together and this is on the application under the dates that she's been out of the country.  However on the application one of the questions relates to me and is "Will your partner be in the UK on he date of this applcation?"  If I answer "No" it says "Where will they be and why" .  Is it frowned upon for me to be on holiday without my wife or not in the UK when she hits "Submit" on the application?  Without sounding selfish, this is the first holiday I've had all year so if I can get away with going away for a few weeks with my friends then it'd be good.

I suspect we'll apply mid July to give ourselves as much of a window as possible to do the ILR in 2.5'ish years.

I don't know if the sponsor needs to be in the UK at the time of the application... this is not a thing I've ever questioned.  I don't think it's a requirement, but please let someone else more knowledgeable answer this one!  But could you just submit the application before you leave for your holiday to be safe?

The biggest issue as always is the proof of cohabitation and finance.  If we apply mid July I will not yet have my July salary slip. I've also read that
"Evenly, throughout the two year period" doesn't need ot be dead bang on 4 months, but that there's a bit of leeway?  The reason I ask is that some bills in both our names are bi-annually (Water) and anually (Council Tax) so it's not quite perfect:

Finances:
- 6 Months of my payslips, since I won't yet have July's I will give Jan, Feb, March, April, May, June - I could give December's too just to be safe.  I've been at the same job for 7 years and have all the paperwork, so that's no issue

As long as the most recent payslip is dated within 28 days of the date the application is submitted, it's good.  You will need to look at the starting date actually showing on the first payslip, and cover six FULL months from there.  So if the first payslip only shows the pay date (e.g., 31/1/2021), you need to go to the end of July.  If the first payslip shows the beginning of the pay period, you need to go to six months after whenever that first payslip started.  You'll likely need to include 7 payslips (if paid monthly) to cover six FULL months (i.e., you probably need to include December's payslip).

- P60
- 6 Months bank statement (1st Jan - sometime in early July, depends when I can get to the bank as they need to print & stamp them for me)

You need six FULL months of bank statements that show all of the payslips you're submitting being paid into the account.  If the bank prints them, they don't need to be stamped, but if they're willing to do it, it doesn't hurt.

- Letter from my employer with all the same info as the first time around, just updated ... when HR get around to doing it.

Cohabitaion:
July 2021 - I should have received a Gas&Elec bill in both our names although it'll probably be 29th June 2021, that ok?
March 2021 - Council Tax bill in both our names
November 2020 - Gas&Elec Bill
July 2021 - Can I use my Water bill in both our names dated 15th June or is that too early? did you mean 15 June, 2020?  If you don't have anything from July 2020, then you can only use what you have.
March 2020 - Council Tax bill in both our names
November 2019 - Gas&Elec Bill
July 2021 - Gas&Elec Bill 2019?

That should cover the requirement for 2 documents from 3 different sources.  But are the dates ok?  My wife only gets mobile phone bills.  We could also ask the bank to print her statements out, as it's all online.  We have a few other bits with her name on which I can dig through if needed but I am not sure if the months are any good.

There's no point asking the bank to print out her bank statements now, as the correspondence needed to have come through the post on their respective dates... it's to demonstrate that you were both living at the same address at the times the post was received.  Cohabitation.  Having the bank print and post statements out now just shows that she received her post at that address now.

Don't forget you can use NHS letters, credit card statements, letters from other government offices.  But if the things you have listed are all addressed to both of you and the dates are as shown (corrected), you should be fine.

It will be dated from when the decision is made. While they are considering the application, the applicant will have leave to remain under section 3C that says that the leave continues as long as a valid application for further leave is submitted before the old visa expires.

I don't know if the sponsor needs to be in the UK at the time of the application... this is not a thing I've ever questioned.  I don't think it's a requirement, but please let someone else more knowledgeable answer this one!  But could you just submit the application before you leave for your holiday to be safe?

Thanks for taking the time to reply.  You were right about the years on the dates, they were just typos thankyfully.

I'd be interested to hear anyone else's opinion on me not being in thr country.  The visa is very important obviously, but if I can be on holiday with no risk to it by honestly saying I'm just out for a few weeks for my summer holiday, then I'm hoping it'll be fine.

I'd be interested to hear anyone else's opinion on me not being in thr country.  The visa is very important obviously, but if I can be on holiday with no risk to it by honestly saying I'm just out for a few weeks for my summer holiday, then I'm hoping it'll be fine.

I don’t know, I’m afraid. In my 14.5 years on the forum I haven’t ever heard of anyone applying when their UK sponsor has been out of the country... unless said UK sponsor  has been deployed overseas with the military and had no choice in being out of the country.

Personally, I wouldn’t recommend submitting the application when you are not in the UK, because you don’t want to risk visa refusal over a 3-week holiday that could have been taken at any other time.

So your options in that case would be:
-  she submits her visa application before you go on holiday
- she waits until you get back from holiday before submitting the application
- if she can’t do either of these, you cancel your holiday so that you are in the UK when she applies


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Thanks.  Advice taken, we'll make sure I'm in the country when applying.  It's only a holiday afterall

Ok, so we're almost there.  All paperwork is ready apart from the bank statements which I will go to the bank for.  However ... a couple of more questions.

Looking at our original application 2.5 years ago.  Under "Do you rent or own your own home" we put "I own" and then the mortgage payment amount.  However the mortgage is only in my name, not my wifes.  The monthly payment comes out of my account.  Now, either I made a mistake with this question last time and the immigration offices let it slide, or shoudl I put "I neither rent not own" and then in the comment box fill in "I live with my hustband who owns the house" although that sounds kinda weird as although I won the house, we're married, so what's mine is hers ... Just to confirm, my wife is the one applying for the visa, I'm just doing all the paperwork for us.

Also, on the last screen it says that all documents submitted may be copies or originals, except passports.  Does that mean that I don't need to go go the bank to get my statements as I can just print them off online?  Or are they technically not copies?  I don't mind going to the bank, just thought I'd ask in case it's a new thing is all.

Looking at our original application 2.5 years ago.  Under "Do you rent or own your own home" we put "I own" and then the mortgage payment amount.  However the mortgage is only in my name, not my wifes.  The monthly payment comes out of my account.  Now, either I made a mistake with this question last time and the immigration offices let it slide, or shoudl I put "I neither rent not own" and then in the comment box fill in "I live with my hustband who owns the house" although that sounds kinda weird as although I won the house, we're married, so what's mine is hers ... Just to confirm, my wife is the one applying for the visa, I'm just doing all the paperwork for us.

That’s all correct - but she doesn’t need to put a comment.

The question is asking about you ‘as a couple’ not your wife on her own. They won’t be expecting your wife to be on the Land Registry or mortgage because most people on visas are not easily able to qualify for a mortgage.

So the options mean:

‘I rent’: you and your wife rent the home you live in

‘I own’: you and/or your wife own the home you live in (one or both of you is listed on the Land Registry and mortgage)

‘I neither rent nor own’: you and your wife live with a family member or friend in a home that they own... essentially you are a guest in their house and have no ownership of it.

Also, on the last screen it says that all documents submitted may be copies or originals, except passports.  Does that mean that I don't need to go go the bank to get my statements as I can just print them off online?  Or are they technically not copies?  I don't mind going to the bank, just thought I'd ask in case it's a new thing is all.

No, the if the bank statements are issued online they MUST either be:
- stamped by the bank on every single page
Or
- accompanied by a letter from the bank confirming their authenticity

This is to confirm that you did not tamper with or forge the online statements at home before you printed them.

So, you will need to:
- print all the statements
- take them to the bank to be stamped on every page, or have them write a letter confirming that your printed statements are genuine and correct
- scan all the statements
- upload them to UKVCAS

Alternatively, you can ask the bank to print them all for you in-branch.


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Thank you as always, makes perfect sense.  Thanks for putting my mind at ease.

So we're ready to go, I'm literally just waiting to go to the bank tomorrow for the statement (My pay goes in on the 23rd) and then we can submit the application, pay the fees and book the biometrics.  I am a little concerned about dates though in case we're cutting it too fine for the ILR in another 30 months.

I was reading this ladies experience here - https://talk.uk-yankee.com/index.php?topic=98797.30 and it appears that she had her biometric on Saturday and a decision by the Tuesday, just 2 days later.  I'd hate to be in the same position as I think it cuts the ILR timeframe down too narrow for us, or may even mess it up completely if we do the biometrics too soon?   I thought the decision often took months?  I've asked her if she asked for priority, but she hasn't replied yet.

Any advice would be appreciated, here's the timeline:
- Fiance visa in Jun 2018 (Can't remember the exact date)
- We switched to a spouse/FLR(M) Visa.  Applied in Nov 2018 and received a decision on 10th Jan 2019
- BRP says - Valid From 10/01/2019 - Valid to 18/07/2021 (So 30 months and one week, not sure why we got an extra week, but nevermind)

What would you suggest we do in regards to dates?  We can apply/pay now and then just book the biometric for AFTER the expiry date of 18/07/2021 (A couple of weeks after?) that way if they do issue it just a couple of days later then we'd get another 30 months from whatever date the issued it.

My theory is that 60 months is when we can apply for ILR, that's 60 months from 10/01/2019.  So we can apply on (or 28 days before perhaps?) 10/01/2024.  If we applied for, and got our next 30 day FLR(M)  on say 01/08/21 (I just picked that date at random as it's a couple of weeks after our current expiry)  then we'd have until 01/02/2024 when it expired so we could apply between 10/01/24 (5 years in the UK) and 01/02/24 (Visa expiry date)

Sorry, hope that makes sense?

I am a little concerned about dates though in case we're cutting it too fine for the ILR in another 30 months.

I was reading this ladies experience here - https://talk.uk-yankee.com/index.php?topic=98797.30 and it appears that she had her biometric on Saturday and a decision by the Tuesday, just 2 days later.  I'd hate to be in the same position as I think it cuts the ILR timeframe down too narrow for us, or may even mess it up completely if we do the biometrics too soon?   I thought the decision often took months?  I've asked her if she asked for priority, but she hasn't replied yet.

She paid £800 extra for the Super Priority service in order to get the decision in 2 days... so as long as you don’t purchase Super Priority, you won’t have that issue.

What would you suggest we do in regards to dates?  We can apply/pay now and then just book the biometric for AFTER the expiry date of 18/07/2021 (A couple of weeks after?) that way if they do issue it just a couple of days later then we'd get another 30 months from whatever date the issued it.

You shouldn’t have anything to worry about regarding ILR, since as long as you don’t purchase the priority service it will likely take anywhere from a few weeks to a few months for your visa to be processed.

So, you can apply online whenever you are comfortable doing so between now and 18th July.

You can also book your biometrics for a few weeks out as well, since the only thing that HAS to be done before your visa expires is submitting the online application and paying for the visa.

My theory is that 60 months is when we can apply for ILR, that's 60 months from 10/01/2019.  So we can apply on (or 28 days before perhaps?) 10/01/2024.  If we applied for, and got our next 30 day FLR(M)  on say 01/08/21 (I just picked that date at random as it's a couple of weeks after our current expiry)  then we'd have until 01/02/2024 when it expired so we could apply between 10/01/24 (5 years in the UK) and 01/02/24 (Visa expiry date)

She can apply for ILR starting from 28 days before 10/01/2024 up to the expiry date of her next FLR(M) visa... Which means her ILR application window will be 13th December 2023 up to the new visa expiry date.

For example, if her visa was issued on 1st August 2021, and expired on 1st Feb 2024, she could apply for ILR at any time between 13th Dec 2023 and 1st Feb 2024.

So, all you need to do is make sure that her new FLR(M) visa is valid until at least 13th December 2023... and in order for it to still be valid on 13th Dec 2023, it must be issued after 13th June 2021... and that date has already passed anyway, so that’s not going to be an issue.

So, actually even if you did pay for Super Priority and got the visa within 24 hours, it will still be valid long enough to apply for ILR before her visa expires... it’s just that the longer it takes to be processed, the bigger window you will have at the end of 2023/beginning of 2024 to get the ILR application in.


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You're an absolute star.  Makes perfect sense and I understand 100% now.  Thanks so much.  I'll keep this thread updated as we apply, book biometrics and receive a decision.

Application has been submitted.  We did have the option for super priority but choose not to take it, we're happy to wait for the decision as it'll give us more time for the ILR.  Biometrics booked for a standard appointment on 18th July in Birmingham.  I was surprised they do Sunday appointments too.

I've been uploading all the docs today to the portal and it'd be good if someone could cast their eye over them.  I'm concerned over the cohabitation bits as we can't get the ideal months to match up just because we don't get statements in time from some companies (Council Tax = Annual, Water = 6 monthly etc) so any tips?  I will happily write a letter explaining this, I am just not sure how strict it is, I've hopefully listed too much stuff so perhaps you'll tell me to take stuff out, but I thought it may be better to have too much rather than too little?

Proof of Identity/Travel History:
- Sponsor passport, all pages
- Applicant's BRP (Both sides)

Proof of Application:
- IHS Surcharge Payment (Just to be safe?)
- Visa Application payment confirmation (Just to be safe?)
- All three declarations (The ones labelled Part1, Part2 and Part3 as I couldn't see where else to upload them)
- Spouse Declaration
- Applicant, all pages of her current passport

Optional Documents
- Nothing

Residence in the UK
- Mortgage statement for past 7 months
- Land Registry Title
- Most recent council tax bill (3 March)  I uploaded the twice, once for the house and once as proof of cohabitation, see further below

Also in the "Residence in the UK section" for cohabitation proof
June 2019 - Joint Water Bill
Sep 2019 - Applicant's DVLA V5 for a car and sponsor's credit card statement
Oct 2019 - Applicant's Car insurance certificate and sponsors home insurance docs  (I realise these are too close together, so happu to drop Sep or Oct?)
March 2020 - Joint Council Tax (Dated 3rd March, I realise we don't have anything in Feb, is this an issue?)
June 2020 - Joint Water Bill
Oct 2020 - Joint Gas/Electricity Bill
Dec 2020 - Applicant's phone bill from GiffGaff and Sponsors phone bill from Plusnet
March 2021 - Joint Council Tax (Dated 3rd March, I realise we don't have anything in Feb, is this an issue?)
June 2021 - Joint Water Bill

Finances:
- Sponsors 6 months original bank statements (1st Dec till the day before the application)

Proof of business
- Nothing

Live Events
- Marriage Cert

Medical Information
- Nothing

Sponsors/Employment
- Employment contract
- P60
- Payslips from Dec 2020 till June 2021
- Proof of employment, letter from company with the salary etc.

Educational
- Nothing

Any advice or comments are welcomed, as would be teh content of a cover letter if you suggest we do it for the cohabitation proof.  Also, my wife has literally just got a job, a couple of weeks ago.  We have a signed employment contract for her, is it worth including this anywhere?  We dont' need the money to qualify as my salary covers it.