3 days left till expiry - really need advice

[hellokittyhannah]

Dear board members,

I would rally appreciate some help as I am extremely confused and am being told different things from solicitors, the UKBA and other board members. If someone could please try to give me a definite answer as I am quite desperate now.

I don't know when my husband will qualify for ILR. I have give a timeline below, can someone please tell me if he qualifies or does he have to extend his visa once again?

My husband is on a spouse visa which was issued in June 2013.

03/06/13 - Spouse visa issued in India
15/06/13 - Husband arrived in the UK
03/09/15 - Visa expired (meaning he was given a 27 month visa and not 30)
20/10/15 - FLRM granted
20/04/18 - Biometric permit expires (meaning he was given 30 months this time)
15/06/18 - Will complete five years in the UK

We were all set to apply for his indefinite leave to remain this week, however looking at the paperwork closely it seems he does not complete the qualifying period of 60 months.Yet his biometric permit will expire in only three days.

Can someone please please help me and tell me what I need to do next? I am extremely worried and confused as to what steps I need to take. I know its my own fault for not looking into this sooner Please help.

[CR001]

Apply for flr (m) extension.

He qualifies for ILR anytime within 28 days before 15 June.

When did he apply for his initial visa?

Did he get his original visa after an appeal?

[hellokittyhannah]

He applied in India on July 2012, I don't know the exact date but it was under the new rules of a minimum income of £18600, the application was refused, we wrote back asking to have the decision made by the ECO overturned and it was overturned on May 20th 2013. Visa issued on 3rd June 2013.

[hellokittyhannah]

I have just spoken to a solicitor who has advised to still go ahead with the application for indefinite leave to remain as by the time a decision is made he would have completed 5 years. (My husband has already completed the Life in UK test and an approved English test). I am slithery of this approach because if they refuse it and give no right of appeal then what happens.

Please please can someone on here help me, I suffer from extreme vertigo and I feel I will end up in hospital due to this stress. Please help.

[Sva_avs]

he cant able to apply ILR before 18th june 2018.
if he did, he will be rejected with out appeal.
As CR001 told. apply FLR(M) extension.

[hellokittyhannah]

he cant able to apply ILR before 18th june 2018.
if he did, he will be rejected with out appeal.
As CR001 told. apply FLR(M) extension.

His visa was issued on 3/06/13, if we use the 28 day rule he should be able to apply from 6/05/18, just 14 days after his brp expires.
I dont understand why you are saying he can't apply before 18/06/18?
He can't apply for an FLR(M) extension as he needs a new English test which he doesn't have time to take now.

[CR001]

His residence for ILR starts from the date he ENTERED the UK and not from the date his visa was issued.

[hellokittyhannah]

His residence for ILR starts from the date he ENTERED the UK and not from the date his visa was issued.

Thank you CR001.
If he applies for an extension does he have to use the same SET(M) form and does he need to take another English test?
Im sorry for all the questions but with a spinning head it is extremely hard for me to grasp anything and I am trying my best to deal with this situation. I highly appreciate the help of the members on here.

If you could please be so kind to tell me exactly what form we need to use, he will pay the NHS surcharge now and is there anything else he needs? We have all documents we were going to submit for his ILR, but he has done an English test according to his ILR application and I've been told by a solicitor that he needs a different English test.

[CR001]

For an extension if his visa it is FLR(M) form and all requirements must be met as he did for his previous extension.

What level of English test does he currently have if he was going to or could apply for ILR?

[hellokittyhannah]

Thank you again.
He has a level B1 with distinction. He took it three weeks and and also did the Life in the UK test last month.
Will the B1 suffice or does he have to take a different test?

[CR001]

B1 is sufficient for the FLR(M) extension.

Not sure why you believe he needs another test. The requirement for an extension is A2, which is lower than B1.

[hellokittyhannah]

Okay, we will use B1. I spoke to a solicitor today and she told me he needs a different English test for FLR(M). But I will now disregard that.
I have one last question please, someone mentioned form FLR-FP instead of FLR(M). I know you've said its FLR(M) but just want to confirm thats the only form he needs to complete and nothing else for an FLR(M) extension?
Thank you so much.

[CR001]

If he meets the requirements it is flr(m) but you must send it before his visa expires.

Flr(FP) is for when you don't meet the requirements and will put him on a 10 year path (4 x 2.5 year visas) which you don't want.

[hellokittyhannah]

If he meets the requirements it is flr(m) but you must send it before his visa expires.

Flr(FP) is for when you don't meet the requirements and will put him on a 10 year path (4 x 2.5 year visas) which you don't want.

Brilliant, thank you.
Yes he meets all the requirements (employment, salary, English, accommodation etc).
I will now start on the form and work through the night to complete the whole application and will also pay the nhs surcharge tonight. We will post it tomorrow. His visa expires on Friday so will post tomorrow at noon with next day delivery.

I will keep you updated and once again thank you so much for this, has made things clear now.

[CR001]

Great, feel free to continue asking anything in this topic if you are stuck.

Don't forget to keep proof of postage when you send it.

[hellokittyhannah]

Dear CR001, still completing the paperwork to post later today.
I am currently writing a sponsorship statement and just wanted to know if I should put
"my husband is applying for FLRM" or "My husband is applying for an extension to FLRM"?

Also on the FLR(M) form theres a question -

2.3 Please indicate what stage of extension of leave you are applying for or why you are choosing to extend your current leave in one of the above categories

-First period of leave to remain (following an initial period of entry clearance as a partner of a settled person, or person who is in the UK with refugee leave or humanitarian protection,

-You are making a first application from within the UK but have not previously had leave to enter/remain as a partner of a settled person,

-Second period of leave to remain (following initial grant of leave to remain as a partner of a settled person or person who is in the UK with refugee leave or humanitarian protection,

-Further period of leave following a previous grant of leave to remain as a partner of a settled person or person who is in the UK with refugee leave or humanitarian protection, as a child of a person who has limited leave as the partner of settled person, or following an initial period of entry clearance as a fiancé(e) or proposed civil partner of a settled person - 6 months)

-If you are applying for any other reason please explain below

_____________________

I think its one of the last two? Not sure. Or shall I explain below as they ask?

Thank you so much for your continued help.

[CR001]

Last one at end.

"Extension" if doing a letter.