FLR Question

[nkiru]

Hi, my husband applied for a spouse visa in NYC in march which was granted. At the time, he asked for an extention so that he could round things up in US. the visa effective date is the 1st of June. He was going to attend his best friend's wedding on the 21st of June then travel to UK on the 22nd. Unfortunately, the friend has had to move the wedding till the 28th.

If my husband leaves on the 29th of June, does it mean that we will have to apply for a FLR before we apply for ILR? What if he takes a night flight from the US on the 28th? that will get him in to the UK on the 29th does that help matters.

We don't want to apply for an extra visa if we can avoid it but he understandably wants to attend the wedding, he will be part of the wedding train but more importantly they are very compassionate reasons why the wedding was moved from the 21st to the 28th.

I have tried to research this but i'm not sure if the extra 1 day will make a difference.

Please advise

[eliasuk4u]

one day doesn't make any difference. Your husband needs to apply by post a day before the visa expires (Provided that he passes his life in the UK test) it means the BIA will receive on the next day but they won't process the same day also paying by cheque delibrately slows the process so I don;t think that one day will have much of effect on his ILR. May be some other memeber can give detailed information on this

[nkiru]

thanks eliasuk4u. I was getting confused because I read somewhere that the applicant needs to enter within 28 days of the entry date to avoid applying for a FLR.

So what you are saying is that as the visa is expiring on 01/06/2010, we need to post the application by 31/05/2010 and also pay by cheque. So even if the home office receives the application on or after 01/06/2010 and don't process it on that day, it would not make a difference and he would not be seen as an overstayer etc?

[eliasuk4u]

So what you are saying is that as the visa is expiring on 01/06/2010, we need to post the application by 31/05/2010 and also pay by cheque. So even if the home office receives the application on or after 01/06/2010 and don't process it on that day, it would not make a difference and he would not be seen as an overstayer etc?

No. he will not be an overstayer but make sure you send the documents by recorded delivery and keep the receipt as proof of posting. The date of posting before his visa expires counts not the date they receive so as long as he posts his application with in the expiry date he will be fine and also if you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.