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Hi all,

I was hoping to get some clarification to the query below as I have come across conflicting information regarding this matter.

I am currently on a Tier 1E visa (valid until Jan 2019 but I have applied for an extension prior to expiry). My solicitor has some worries regarding my extension, so there is a chance of rejection. If this was to happen, I would apply ILR through LR within 14 days of the refusal (I've been in the UK since 2008, with over 540 days of absence overall, but due to some very compelling circumstances which may prompt the CW to disregard some of the absences and reduce the overall count to under 540).

However, I also have a dependant (my spouse) and I understand that they would need to apply through FLR(M) separately. The question is - can they apply as soon as I apply for my ILR, or will they need to wait until my ILR application is decided?

Many thanks in advance.

with over 540 days of absence overall, but due to some very compelling circumstances which may prompt the CW to disregard some of the absences and reduce the overall count to under 540).

What compelling circumstances and what is the exact number of absences you have? Quite a few refusals of ILR LR this year due to HO not disregarding absences for 'compelling reasons' for long residence applicants.

However, I also have a dependant (my spouse) and I understand that they would need to apply through FLR(M) separately. The question is - can they apply as soon as I apply for my ILR, or will they need to wait until my ILR application is decided?

If your extension is refused, then their extension will also be refused. They will need to apply FLR(M) at the same time you apply for ILR LR. Their applications will be held until a decision on your ILR is made.

If your ILR LR fails, their FLR(M) will also fail.

CR001 wrote: ↑

Mon Aug 19, 2019 11:01 am

with over 540 days of absence overall, but due to some very compelling circumstances which may prompt the CW to disregard some of the absences and reduce the overall count to under 540).

What compelling circumstances and what is the exact number of absences you have? Quite a few refusals of ILR LR this year due to HO not disregarding absences for 'compelling reasons' for long residence applicants.

However, I also have a dependant (my spouse) and I understand that they would need to apply through FLR(M) separately. The question is - can they apply as soon as I apply for my ILR, or will they need to wait until my ILR application is decided?

If your extension is refused, then their extension will also be refused. They will need to apply FLR(M) at the same time you apply for ILR LR. Their applications will be held until a decision on your ILR is made.

If your ILR LR fails, their FLR(M) will also fail.

Thank you for your response CR001.

I have 720 days of absence since September 2009. Some of them are due to my sister and my uncle passing away (both during the time I've visited my home country, the former passed away while being a guest at my house), so I've had to stay longer to attend the funerals and also due to the grief. My mother has also been fighting cancer during throughout this time, and I've had to visit her in hospital and take care of her after she was released. All in all, I estimate that HO may/can apply discretion to 262 of those days (best case scenario).

I am intending to include a cover letter together with my application, which would highlight all the reasons as to why I seek to remain in the UK. Some of which are - I own a property here, I have a business (T1E), I grew up here and there is nothing left for me back in my country (my parents and close family have moved long time ago).

I appreciate that it's a long shot hoping for HO's discretion; but if it comes to worst, it may be my only immediate solution to remain.

Discretion for excess absence is very very rarely exercised for ILR based on Long residence, even for the reasons you have stated. See moderator 'secret.simon' post in the link below to understand that you will likely be granted a 2 year FLR(LR) instead of ILR.

indefinite-leave-to-remain/10-year-ilr- ... l#p1814076

CR001 wrote: ↑

Mon Aug 19, 2019 12:22 pm

Discretion for excess absence is very very rarely exercised for ILR based on Long residence, even for the reasons you have stated. See moderator 'secret.simon' post in the link below to understand that you will likely be granted a 2 year FLR(LR) instead of ILR.

indefinite-leave-to-remain/10-year-ilr- ... l#p1814076

To be honest I would be happy with FLR(LR) as well. I will meet all criteria for ILR by mid-late 2021 anyway, without any discretion needed. Would you say that FLR(LR) is a likely outcome based on what I've supplied above?

Many thanks for your support.

FLR(LR) if granted, might affect what your dependents apply for or qualify for as you will still be subject to immigration control.

CR001 wrote: ↑

Mon Aug 19, 2019 12:29 pm

FLR(LR) if granted, might affect what your dependents apply for or qualify for as you will still be subject to immigration control.

I see. What are the options for my dependant if I was granted FLR(LR) instead of ILR?

Probably FLR fp route.

CR001 wrote: ↑

Mon Aug 19, 2019 11:01 am

with over 540 days of absence overall, but due to some very compelling circumstances which may prompt the CW to disregard some of the absences and reduce the overall count to under 540).

What compelling circumstances and what is the exact number of absences you have? Quite a few refusals of ILR LR this year due to HO not disregarding absences for 'compelling reasons' for long residence applicants.

However, I also have a dependant (my spouse) and I understand that they would need to apply through FLR(M) separately. The question is - can they apply as soon as I apply for my ILR, or will they need to wait until my ILR application is decided?

If your extension is refused, then their extension will also be refused. They will need to apply FLR(M) at the same time you apply for ILR LR. Their applications will be held until a decision on your ILR is made.

If your ILR LR fails, their FLR(M) will also fail.

Hi CR001
Here you have mentioned
'they will need to apply FLR(M) at the same time you apply for ILR LR'
I am in a similar situation, I was thinking once I get my ILR (LR) I can apply for spouse's FLR(M).
or is it necessary to apply at the same time?

Kamana wrote: ↑

Mon Aug 19, 2019 12:52 pm

CR001 wrote: ↑

Mon Aug 19, 2019 11:01 am

with over 540 days of absence overall, but due to some very compelling circumstances which may prompt the CW to disregard some of the absences and reduce the overall count to under 540).

What compelling circumstances and what is the exact number of absences you have? Quite a few refusals of ILR LR this year due to HO not disregarding absences for 'compelling reasons' for long residence applicants.

However, I also have a dependant (my spouse) and I understand that they would need to apply through FLR(M) separately. The question is - can they apply as soon as I apply for my ILR, or will they need to wait until my ILR application is decided?

If your extension is refused, then their extension will also be refused. They will need to apply FLR(M) at the same time you apply for ILR LR. Their applications will be held until a decision on your ILR is made.

If your ILR LR fails, their FLR(M) will also fail.

Hi CR001
Here you have mentioned
'they will need to apply FLR(M) at the same time you apply for ILR LR'
I am in a similar situation, I was thinking once I get my ILR (LR) I can apply for spouse's FLR(M).
or is it necessary to apply at the same time?

Can you post your questions in your own thread please.

CR001 wrote: ↑

Mon Aug 19, 2019 12:44 pm

Probably FLR fp route.

Gotcha. Thanks a lot. This has been very useful.