hello i need some advice

abidjan1 · Post by **abidjan1** » Wed May 12, 2010 5:59 pm

hi

i (british citizen)am getting married to my partner who has her application for discretionary leave granted back in february.
As her leave to remain is valid for 3 years , Is it possible to apply for a spouse visa for her?
if possible shall we leave the country and apply outside? or apply within the UK.
THANK YOU

Post by **John** » Wed May 12, 2010 8:29 pm

You say you are getting married. If the marriage is to be in the UK, has she already got a CoA? That is, a Certificate of Approval to Marry?

abidjan1 · Post by **abidjan1** » Wed May 12, 2010 10:10 pm

yes we have been granted the Coa getting married next week.

Post by **John** » Wed May 12, 2010 10:24 pm

OK, that is good, so following the marriage use form FLR(M) to apply for a 2-year spouse visa.

abidjan1 · Post by **abidjan1** » Thu May 13, 2010 12:38 pm

hi john

thank you for your reply but i want to know what going to happen to her 3 years DL leave? can we wait when the 3 years is about to expire to lodge an apllication with form FLR(M) which i suppose mean Further Leave to remain.
what your advice.
thanks

Post by **John** » Thu May 13, 2010 2:55 pm

i want to know what going to happen to her 3 years DL leave?

A good question, indeed a reasonable question. The 2-year spouse visa will supersede the current visa. But more than that. With the 2-year spouse visa there is a clear path to ILR, or whatever it is going to be called at the time.

can we wait when the 3 years is about to expire to lodge an apllication with form FLR(M)

Indeed you could, but I suggest that it would be better to make the FLR(M) application sooner rather than later. The reasoning is this. The ILR can be applied for near the end of the 2-year spouse visa, so the sooner the 2-year spouse visa is granted, the sooner the ILR can be applied for.

The only downside to making the FLR(M) application sooner is that it would bring forward the time when that application needs to be paid for.

FLR(M) which i suppose mean Further Leave to remain

Indeed, yes. There is a series of forms .... FLR(x) .... but the one you need is FLR(M) ... and the M stands for marriage (but in truth it also copes with a few other types of application as well).

abidjan1 · Post by **abidjan1** » Thu May 13, 2010 4:25 pm

hi john thank very helpful your answers .
thank you

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hello i need some advice

hello i need some advice