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  1. #1

    Default FLR / restarting with settlement visa?

    Hi everybody,
    I'ts been an interesting journey so far all this settling to be unsettled in the uk!!

    We applied for settlement visa, we stayed in the uk for the whole visa, had our first child, bought a house, then we applied for FLR (M).

    During the FLR (M) the mrs has left the country to have our 2nd child in March(girl born healthy in june) . She expects to be out of the country until Feb next year. Her FLR (M) expires in April and I was wondering if it is going to cause issues her applying for another FLR (M) in the uk, seeing as she has been out of the country for a year? Should we wait and apply for a settlement visa in thailand to start the process again? (if you can?!)

    The next part of the post refers to her mother. As I'm sure a lot of you will have experienced is home sickness caused by mum ringing and being sad and missing daughter on the phone.
    Is there any feasibility to applying for a 2/5/10 year visitor visa for her mum so she could come over for a few months a year? (this has been a major issue throughout our whole time in the uk, so I am keen to resolve it!)

    any help or advice you guys can give is appreciated!

  2. #2
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    She should return to the UK and extend before her leave expires. There is a good chance that they won’t use it against her qualifying period for SET(M).

    Guidance > Appendix FM 1.0a: Family Life (as a Partner or Parent): 5-Year Routes > 8.1.10. Intention to live together permanently in the UK:
    In applications for further limited leave to remain or for indefinite leave to remain in the UK as a partner, where there have been limited periods of time spent outside the UK, this must be for good reasons and the reasons must be consistent with the intention to live together permanently in the UK. Good reasons could include time spent in connection with the applicant’s or their partner’s employment, holidays, training or study.
    If the couple have spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met, e.g. that the couple intend to live together permanently in the UK. Each case must be judged on its merits, taking into account reasons for travel, length of absence and whether the applicant and sponsor travelled and lived together during the time spent outside the UK. These factors will need to be considered against the requirements of the Rules.
    They may also expect evidence of a subsisting marriage when in the UK and outside. Don’t forget about the A2 English Language minimum requirement.


    Mother-in-law may apply for a multiple long term visitor visa. However, it may be better for her to apply for a short term one first, as they unreasonablely give no refunds following a refusal or grant for a shorter term.
    Last edited by Vinny; 3rd Aug 2018 at 08:00.
    We do not inherit the Earth from our ancestors; we borrow it from our children.

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