Flr(m)

[Nosram]

Hi
I am in a complicated situation
I moved to uk on flr(m) visa in Jan 2014. I was under impression that my visa was valid until Nov 2019 until i book a flight ticket to visit my ill mother a month ago. I then realized that my visa was gonna expire 5 days before i leave. I needed to be with my mother so I had to leave. I am planning to return to uk to be with my husband and hope to sort visa out while i'm there. I will stay for 6 months with return ticket and relevant savings n mortgage statements to prove to immigration that I will return to my home country to refresh spouse visa application (last thing i want) if i can't get it extended in uk.
Can someone advice me on the visa situation and my visit please.

[CR001]

You will have to apply for a new visa from your home country.

You cannot switch to a spouse visa within the UK if you are here as a visitor.

If you arrived in the UK in January 2014, why did you not apply for ILR already when you had 5 years residence?

[Nosram]

It was a genuine oversight. I would have applied for ILR earlier if i knew my visa was expiring in May. What an awful situation to be in.
Eventhough my visa has just expired, I've been living in uk for over 5 years, can I extend flr(m) to flr(fp) partner during my return?

[CR001]

It was a genuine oversight. I would have applied for ILR earlier if i knew my visa was expiring in May. What an awful situation to be in.
Eventhough my visa has just expired, I've been living in uk for over 5 years, can I extend flr(m) to flr(fp) partner during my return?

You cannot apply for an extension or FLR visa in the UK if you are here as a visitor. You also cannot apply for an extension as it is presumably more than 14 days since your visa expired.

You will have to apply for a new visa and start the process again from scratch with a new 5 year route (2 x 2.5 year visas).

[Nosram]

Thank you for your advice

[Nosram]

What type of visa should i apply? I understand that there are different type of settlement visa especially for people who had flr(m) previously.

Can i apply after return from 6 months uk visit?

[CR001]

What type of visa should i apply? I understand that there are different type of settlement visa especially for people who had flr(m) previously.

Spouse settlement visa on form VAF4A. Same as you initially applied for if you applied outside the UK. There is no 'different' or special considerations if you have held a previous FLR(M) visa. You need to meet all the same requirements as it is a new application for entry clearance.

Can i apply after return from 6 months uk visit?

You risk being refused entry as a visitor. You have long recent residence in the UK (your life here effectively) and a recently expired spouse visa. 6 months is also not a visit but considered residing. You wouldn't be allowed to work or use the NHS. You would be seen as a risk by trying to circumvent the immigration rules. IO may well take the view that you will not leave the UK as you have no strong ties to home country.

[Nosram]

Spouse settlement visa on form VAF4A. Same as you initially applied for if you applied outside the UK. There is no 'different' or special considerations if you have held a previous FLR(M) visa. You need to meet all the same requirements as it is a new application for entry clearance.

Am i risk being refused if i apply immediately after a recent expired visa?

Can i apply after return from 6 months uk visit?

You risk being refused entry as a visitor. You have long recent residence in the UK (your life here effectively) and a recently expired spouse visa. 6 months is also not a visit but considered residing. You wouldn't be allowed to work or use the NHS. You would be seen as a risk by trying to circumvent the immigration rules. IO may well take the view that you will not leave the UK as you have no strong ties to home country.

Apart from return ticket and enough savings during my stay, I have family that i visit every year and own property to prove that i will return at the end of my stay. I've no intention to stay uk illegally.

[CR001]

Apart from return ticket and enough savings during my stay, I have family that i visit every year and own property to prove that i will return at the end of my stay. I've no intention to stay uk illegally.

You are missing the point. This is what an IO will consider if you try to enter the UK as a tourist.

1. Your spouse is in the UK, present and settled.

2. You have lived here for 5 years on a settlement visa, very recently expired, and now wish to re-enter as a tourist for 6 months.

3. Presumably you work here and not full time in your home country.

4. You have established a life here away from your home country.

[Nosram]

3. Presumably you work here and not full time in your home country
My husband is supporting me so I dont work neither in uk or home country . Thank you for your advice. Really appreciate it

[Nosram]

Am i risk being refused if i apply immediately after a recent expired visa?

[CR001]

Am i risk being refused if i apply immediately after a recent expired visa?

No, not if you meet all the requirements.

[seagul]

In my opinion despite it won't be easier for you to get any visit/tourist visa from outside the UK. But its still unclear in guidance that whether you will loose your already spent time of 5 years as the partner of British citizen when you were eligible for ILR. Maybe if you have left the country without overstaying then might be eligible again for ILR if you manage to return to UK (the same way where continuous residence doesn't break in 10 years of ILR route).

[CR001]

In my opinion despite it won't be easier for you to get any visit/tourist visa from outside the UK. But its still unclear in guidance that whether you will loose your already spent time of 5 years as the partner of British citizen when you were eligible for ILR. Maybe if you have left the country without overstaying then might be eligible again for ILR if you manage to return to UK (the same way where continuous residence doesn't break in 10 years of ILR route).

It doesn't work like that for spouse visas unfortunately, she needs 5 years continuous extant leave. The boat has sailed effectively and it is more than 14 days since visa expired. User will have to start again from scratch.