Can I apply for Family FLR if they are on visitor visa ?

[kdoshi2005]

Dear Moderators and Friends

Firstly thanks for all the support I have enjoyed from you all till date. I have 2 questions.

1) I am due to apply for FLR in May 2006, my family is likely to be in UK on a holiday on visitor visa during this time, Can I apply for their FLR along with mine while they are here on visitor visa ? Else I will have to spend money to get their EC as they already have a visitor visa.

2) I myself have a visitor visa which is valid upto July 2006, in case for any reason if I am not granted FLR ( I am employed for last 6 months) can I stay back on visitor visa to wind up things here or will I have to go out as soon as my EC expires ?

Please Help

Thanks

Kdoshi

[John]

I myself have a visitor visa which is valid upto July 2006, in case for any reason if I am not granted FLR ( I am employed for last 6 months)

Am I misunderstanding this? You are in the UK on a visitor's visa and you are working? If so, surely not permitted.

But you also say :-

I am due to apply for FLR in May 2006

What? You have HSMP? The initial year?

Can you please explain the apparent discrepancy between your two statements.

[kdoshi2005]

Dear John

Sorry for the incomplete information, I am on HSMP and have to apply for my FLR, my family already has a visitor visa so I want to know whether it is essential to spend money to get EC for them in home country and then apply for FLR along with my application or i can apply for the FLR while they are here on visitor visa.

[olisun]

u are still not very clear..

are you talking about applying for FLR for your HSMP approval??? if yes, then how did you enter the UK? and are you working now?

[kdoshi2005]

I will try to explain

I had a visitor visa BEFORE I applied for HSMP, I have come into this country on HSMP and am working for last 6 months, my family plans to come here in May on visitor visa (they already have that) , their visit coincides with my timing of applying for FLR, so I want to know if I should apply for their FLR also along with my application, do I need to first apply for their EC in home country (costing money) and then apply for FLR along with my application.

2) My HSMP EC expires BEFORE my visitor visa, so my next question is that if for any reason I do not get FLR can I stay back on the basis of my visitor visa to wind up things here or do I have to leave as soon as my EC expires.

[lynn132]

If you got your HSMP visa after the visitor visa, the HSMP visa superceded the visitor visa, therefore if you are denied FLR, you then have 30 days to leave the country and will have to reapply from outside the country to enter under any kind of visa. Your family cannot convert visitor visa to HSMP dependent in country - they will have to leave and apply for entry clearance under HSMP as dependents.

[kdoshi2005]

Thanks Lynn for your reply.

However my understanding is as follows, In normal cirmstances if I would not get FLR I would have to leave the country in 30 days, however since I also have a visitor visa valid for about 90 days after the expiry of HSMP, I could stay back for upto 90 days on the basis of a valid visitor visa.

Alternatively I could go out in 30 days and come back in a few days on the visitor visa to wind up things if I feel I would need at least 45 to 60 days to wind up and return.

I agree that the HSMP visa supercedes the visitor visa issued earlier, but in my case the earlier visa has longer validity and it has not been cancelled so I can still travel on it ????????

What is the best way ?

[lynn132]

I think staying after HSMP expires without FLR would be very risky. Again, I would recommend you apply for FLR, and when your family returns to their home country after their holiday they apply for EC on the basis of your HSMP FLR. The consequences for attempting to bend the rules for your own convenience could result in both you and your family being sent back to your home country for good. I am sorry if this is not the answer you wanted to hear, but you could always call the Home Office and ask them.