Fiancé settlement visa expires in 1 month, what are options?

[bobmatt]

I am now in UK, and almost 5 months into 6 month fiancé settlement visa. Due to a number of things, I was not able to enter the UK under this visa until about 4 months after it had been issued. One of the reasons for the delay was due to a need for emergency eye surgery, which I am able to document, but this would only account for a portion of the delay in entering (about 6 weeks). Other reasons had to do with readying my home for sale and placing on market, as well as making necessary arrangements with regard to my US employer, etc. All of this took much longer than anticipated, and could not be done until I was certain I had the visa. I never expected I'd actually receive the visa in a matter of days!

Neither did I realize when applying (with assistance of UK attorney) that it could be "post-dated", even though I applied with priority service and had it in less than a week. If I had known about the ability to request a delayed entry date, I most certainly would have done this too. Unfortunately, I was not so advised. Since all of this has taken so long, and I have only one month remaining on my original visa, I am wondering if I should apply for an extension of this visa using FLR(O)? If not, we will be pushing it to fulfill the requirements to apply for FLR(M) (getting married, gathering all supporting documentation, etc) - especially with the upcoming holidays - and I am not certain what the options would then be if we were unable to do all of this?

I am very anxious to know if there is some way to extend my current visa, if only for a month or two more, so as to allow enough time to complete the process. From the research I have done thus far, and after speaking with the same UK attorney's office, it seems I would have the following options:

1) Apply for the FLR(O) visa extension. However, I am told this will only be granted for "exceptional circumstances", which other than for my eye surgery, would not seem to be enough to justify the extension. I was also informed there is no same-day approval service available for this, and it could take literally months to process, during which time they would have my passport and I would be unable to leave the UK. Then, at the end of this time my FLR(O) application for extension would probably be denied, and I would be required to leave the country immediately.

2) Apply for the FLR(M) asap, attempting to fulfill the requirements, and apply prior to the expiration of my current visa.

3) Get married here in UK prior to expiration of current visa, return to US, and then apply for spouse settlement visa. If/when granted, return to the UK.

4) Leave UK prior to fiancé visa expiration, and then reapply for new fiancé settlement visa from US, citing reasons for delays in entering under original visa. If granted, enter and begin again, hopefully wiser (as well as older)...

Guidance or advice from anyone with knowledge or experience in this would be greatly appreciated!

[vinny]

If you marry prior to leave's expiry, then you may switch to FLR(M). 

Else, apply via registered post for an extension FLR(O) under 293 before leave's expiry. Vary your application to FLR(M), if you marry before they decide on your extension application.

[bobmatt]

Thank you for the leads to further info. From paragraph 293, the key requirements for an extension of stay as a fiancé in my case are the following:

(ii) good cause is shown why the marriage or civil partnership did not take place within the initial period of leave granted under paragraph 291; and

(iii) there is satisfactory evidence that the marriage or civil partnership will take place at an early date;

Based upon the reasons I stated above for my delay to enter, it is important to know if they would be accepted as "good cause", and enough to warrant the approval of an extension. I do not want to spend my time pursuing an FLR(O) if the chances for getting it are unlikely.

Can someone tell me from direct knowledge and experience with the criteria used to decide these cases whether my circumstances might be considered "good cause"? I have been told that UKBA will only extend a fiancé visa in "exceptional circumstances" - is this true?

I am also concerned that should I apply for a FLR(O), I will not have my passport should I need to travel, as well as not knowing how long it would take to process my application. I have seen where it can take literally months to get a decision. You stated I should "apply via registered post", but it states in the FLR(O) guide that premium service is also available:

"We offer a premium service to people who apply in person at our Public Enquiry Offices (PEOs). This service is available only for applications which are straightforward and do not require further enquiries."

Would my case be considered "straightforward"? And, how long does it generally take to get an appointment to apply in person? I have heard it can be months, unless working with an attorney who is allotted slots. But when I look at booking online, it says not to choose a date more than 42 days in the future, which leads me to believe it would be prior to that. Unfortunately, there are problems with the booking system at the moment, so I can not see what time frames are actually available.

Also, how long could an extension be granted for? I do not see on the application where an amount of time is to be specified/requested. Is this, as well as the determination of "good cause", based upon the discretion of the reviewer?