extending wife's FLR(M) instead of ILR

Gears123 · Post by **Gears123** » Sat May 24, 2008 3:22 pm

I'm British and my wife is Taiwanese. She has a 2-year FLR(M) visa that will expire next month (it says "limited leave to remain", she got it after the fiancee visa). There have been a lot of big gaps in her stay in the UK (biggest one being 11 months), so I don't think we should apply for ILR just yet. So is extending the FLR(M) a pretty easy thing to do in this situation? Will there be any problems? We also have a child that has a UK passport. Also we are not currently in the UK, we will go back soon and then apply for the FLR(M) extension.

I read on the PDF guide for the FLR(M) form that you need to give a reason for not applying for ILR, so is the gap reason OK?

Thank you for any help/suggestions!

Post by **John** » Sat May 24, 2008 7:52 pm

Has she passed the Life in the UK Citizenship test yet? If not, she could not possibly apply for ILR, so that would be the reason why FLR is being applied for.

Gears123 · Post by **Gears123** » Sun May 25, 2008 2:34 am

Thanks for the response. She has not taken that test but surely would pass it if she did. However the long gaps of not being in the UK is also a reason why they wouldn't give her a ILR, right? So should I put that down in the form? Just wondering if there's going to be a problem getting another FLR(M). Thanks!

djb123 · Post by **djb123** » Sun May 25, 2008 8:15 am

Have you checked the form? It only gives you two options - need time to obtain qualification to prove knowledge of life in the uk or because of personal circumstances to do with your relationship with your partner.

I would have thought your biggest issue as your wife spent a lot (most?) of time out of the UK was how to prove to the HO that she is actually going to settle in the UK now (assuming that is what you are going to do) rather than just basically using the FLR as a visit visa.

Gears123 · Post by **Gears123** » Sun May 25, 2008 11:15 am

I did not know there were only two options on the form, thanks. So I guess "Personal circumstances to do with your relationship with your partner" only covers people with marriage problems (arguing etc), right? So that means she can only choose the Life in UK test reason, which doesn't really cover the real reason which is that she wouldn't be accepted for a ILR just yet.

She spent maybe around 1 year in the UK on the visa. Are you saying she may have a problem even getting another FLR(m)? We moved away from the UK because I got a job in Taiwan, I have a work certificate that shows when my job started and ended (this month), will that help show I'm serious about coming back?

If she took the test and applied for an ILR would she even stand a chance? And if she took the test and applied for an FLR(m) would that increase the chances for the FLR(M)? But then she couldn't even put test as a reason lol. Hmmm, what should we do?

Post by **John** » Sun May 25, 2008 11:26 am

So that means she can only choose the Life in UK test reason, which doesn't really cover the real reason which is that she wouldn't be accepted for a ILR just yet.

Well yes it does, in the sense that without the pass certificate she cannot apply for ILR. Just tick that box.

Gears123 · Post by **Gears123** » Sun May 25, 2008 11:46 am

John wrote:Well yes it does, in the sense that without the pass certificate she cannot apply for ILR. Just tick that box.

OK thanks John, by the way it also says give details. What details should I give exactly?

Post by **John** » Sun May 25, 2008 12:33 pm

Q4.1 (a) reads :-

You need time to obtain a relevant qualification demonstrating your knowledge of the English language and life in the UK - please give details in a letter.

I think something as mundane as :-

I have not yet had time to study for and to pass the Life in the UK Citizenship test. I hope to do that in the next few months.

Gears123 · Post by **Gears123** » Sun May 25, 2008 1:01 pm

One last question how important is the 20 letters for FLR(M) extension? And should I supply letters that were sent to us in Taiwan or just the UK?

And thanks John, I remember you helped me before, all went well so I will trust you again! If you have any other tips to sign off on let me know, perhaps when to apply for ILR? After one more year of residency?

Post by **John** » Sun May 25, 2008 7:20 pm

Have a look at the form ... top of page 13 of 16. Q4.1 will have been answered "Yes", so you do need to supply 20 documents.

The documents need to show that the two of you have lived at the same address .... at any particular point in time. Were you together in Taiwan for any long period of time?

Gears123 · Post by **Gears123** » Mon May 26, 2008 5:48 am

Yes we were together at the same addresses in both the UK and Taiwan during the 2 years. Not sure if there is anything jointly addressed to us however.

Would it be worth attaching photos for each month of the 2 years in my application?

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extending wife's FLR(M) instead of ILR

extending wife's FLR(M) instead of ILR