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tudorowen1
11th Jan 2017, 02:09
Is there any reason why my wife should not apply for FLR at the 32 month time of her initial 33 month visa which ends in Dec 7th this year..?
I ask this because my financial circumstances have changed greatly since she applied for her settlement visa..Those extra months may provide enough money for her to stay in the UK..If not she will return to Thailand..or we will go to Ireland to live..or sell our house..who knows?

Gary & Nok
11th Jan 2017, 11:28
She can apply 28 days before the 30 month anniversary of entering the country but she MUST apply before the visa expires. So she could apply on the last day of the visa (December 7th) if she wishes to.
Whilst the visa may then expire she will still be legal as her application is being processed.

tudorowen1
11th Jan 2017, 13:23
Thanks for replying..I did not realise you could apply that late for the second visa..However what I want to know is if she applies after 32 or 33 months and the FLR is granted for a further 30 months will it make any difference when she applies for LTR after after being in the country for 63 months?I did not really make that very clear in my first post..

Vinny
11th Jan 2017, 13:25
Should be okay, as long as she applies before expiry of leave.

rasg
11th Jan 2017, 13:43
From what I have read, five years is the requirement for ILR.

Gary & Nok
12th Jan 2017, 08:52
I did not realise you could apply that late for the second visa.As long as it does not expire she is legal.


...will it make any difference when she applies for LTR after after being in the country for 63 months?I did not really make that very clear in my first post..Not really sure what you mean by "any difference"?
As long as she applies before the visa expires, and has been here a minimum of 60 months (and meets any other requirements necessary), then apply when you want it will not "make any difference".

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From what I have read, five years is the requirement for ILR.It is the minimum requirement, yes.
Actually the TRUE minimum is 5 years LESS 28 days.

rasg
12th Jan 2017, 09:34
I couriered my wife's FLR application to the Home Office on 6th September last year so that it arrived before the 8th which was the expiry date. They took seven weeks to send it all back with with the BRP etc. The start date for FLR was the 25th October so effectively my wife had no visa for that seven weeks.

With her second FLR and this one plus the original fiancée visa, by the time ILR comes around and needs applying for, my wife will have been here for almost five years and eight months. Does anybody know if she can apply for ILR at the end of five years? (60 months).

Gary & Nok
12th Jan 2017, 11:01
my wife will have been here for almost five years and eight months. Does anybody know if she can apply for ILR at the end of five years? (60 months).As long as she was in the UK 5 years ago on the date she applies.



Actually the TRUE minimum is 5 years LESS 28 days.And as I said if you really want to she can apply 28 days before that 5 years.

matsky
12th Jan 2017, 18:33
Hello everyone , I'm just filling in my wifes application for FLR first extension hers runs out end of Jan this year. I just wondered what your thoughts were about holidays to Thailand and Europe , is this considered time out of UK and is it relevant regarding the 5 years in the uk for ILR . sure its been covered many times before though ,but my memory fades quick these days .

Gary & Nok
12th Jan 2017, 20:16
Not so much a time limit being out of the UK BUT the UK is considered your permanent place of residence so should be seen to be so.

There is however a set number of days you are allowed to be out of the UK when (if) you apply for Citizenship so you can use this as a guide during your FLR/ILR visa times.

Lived in the UK for at least the 5 years before the date of your Citizenship application
Spent no more than 450 days outside the UK during those 5 years
Spent no more than 90 days outside the UK in the last 12 months

matsky
13th Jan 2017, 08:33
Great advise as usual , thanks .

big rich
22nd Jan 2017, 21:34
Hi all,

Apologies for the stupid question but on an initial spouse visa is it valid for 33 months, i.e. I read on another thread you get 3 months to organise things (if required), and the visa runs for 33 months. Ive checked the govt site and it mentions 2 and a half years visa i.e. 30 months, so I wasn't sure.

My wife will move here in a few months time so I was just working a few things out.

Thanks

Richard

Gary & Nok
23rd Jan 2017, 11:36
Settlement visas are issued for a period of 33 months. Initially the extra 3 months was time to organise affairs and get everything ready, i.e organise flights etc. to leave Thailand (or other country). I believe this might have changed slightly now (still get 33 month visa though) but you leave within a month.

Before you can apply for your next visa, FLR, your wife will need to have been in the UK for 30 months. Its an expensive mistake if she waits too long to leave Thailand and is not able to achieve the 30 months in the UK.

walshie
4th Feb 2017, 22:27
Hi Gary,
What is the implication of this 30 month in the country before applying for FLR (M) as my mrs stayed in thailland for 2 months after her visa was granted and then once in the uk went on holiday back to thailand for 3 months... where does this leave us?

Gary & Nok
5th Feb 2017, 11:29
What is the implication of this 30 month in the country before applying for FLR (M) as my mrs stayed in thailland for 2 months after her visa was granted...Will she have been in the UK for 30 months before her visa expires?
When did she enter the UK?
When does her visa expire?


...and then once in the uk went on holiday back to thailand for 3 months... where does this leave us?Having time out of the UK (for holidays etc.) will not affect her 30 month visa requirement.

The only time that having time outside of the UK comes in to effect will be if she wishes to apply for British Citizenship and then it is:
Lived in the UK for at least the 5 years before the date of your application
Spent no more than 450 days outside the UK during those 5 years
Spent no more than 90 days outside the UK in the last 12 months

big rich
11th Feb 2017, 15:49
So, from what I can gather through research you now apply for a spouse visa, they grant you 1 month by which time you need to travel by. Once in the UK your spouse must collect a biometric residence permit, which looks like an ID card. This last for 33 months

Are these the steps that others have recently followed?

If so could you specify a date when the 30 days window to leave Thailand starts?

Gary & Nok
12th Feb 2017, 08:07
The visa is issued in Thailand for 33 months.

So, from what I can gather through research you now apply for a spouse visa, they grant you 1 month by which time you need to travel by.As I understand it too, BUT this can be extended if required.
Effectively you are given 3 months to leave LOS because you MUST have 30 months in the UK or you will need to get an FLR for anytime that you are short of those 30 months.


Once in the UK your spouse must collect a biometric residence permit, which looks like an ID card. This last for 33 monthsI am not sure about this but surely the card would be issued for the amount of time left on your visa.

Elad
12th Feb 2017, 12:54
unless things have changed, there's no BRP issued on the initial spouse visa, the visa is stamped in the passport used for the application. its only when applying for an extension such as flr when a BRP is issued and no stamps are needed in passports. makes things easier when your wife needs to renew her passport so when travelling she will need to produce the passport and biometric card.

rasg
12th Feb 2017, 13:18
unless things have changed, there's no BRP issued on the initial spouse visa, the visa is stamped in the passport used for the application. its only when applying for an extension such as flr when a BRP is issued and no stamps are needed in passports. makes things easier when your wife needs to renew her passport so when travelling she will need to produce the passport and biometric card.

Things have changed...

Not for a 6 month Settlement Visa to get married in the UK but for a 33 month visa if you get married in Thailand.

Elad
12th Feb 2017, 16:54
Things have changed...
Fair enough rasg


Not for a 6 month Settlement Visa to get married in the UK but for a 33 month visa if you get married in Thailand.
Or like for us, a 33 month settlement visa if you get married in the UK.;)

rasg
12th Feb 2017, 20:55
Or like for us, a 33 month settlement visa if you get married in the UK.;)

How long have you been married?

A few weeks ago there was somebody on here who had been married for a number of years and had been working in a job for years. She came to change jobs a few months ago and the new company asked for her BRP to prove she was allowed to work in the UK and she didn't have one. Her husband bit the bullet and paid for one. Not cheap on its own (just over £100 if I remember) and he complained bitterly.

Elad
12th Feb 2017, 21:46
We were married in 2012 whilst she was on a visit visa. She went back to Thailand and we then applied for settlement in 2013 which was refused due to earnings from my self-employment being below the threshold. we then made an appeal which lasted over 9 months and we lost that one too. finally we made a fresh application which was successful in 2014.

Back then we were on the road to nowhere, but now with a recent flr success we are definitely getting somewhere.:)

rasg
12th Feb 2017, 22:16
Good to hear. I think I'm right in saying they changed things in 2015. Presumably your wife now has a BRP?