Attempting to apply for FLR(M) - Questions/Advice

[mrsmasters]

Hello!

I am a US citizen attempting to apply for my extended stay visa so I can remain in England with my husband, who is a UK citizen. We were married in the US and only came to the UK to visit his family, without the intentions of living here on a permanent basis.

I came in on a visitor's visa, rather than a spousal one. Within a short time, my mother-in-law's health began to deteriorate and we felt that there was a need to stay past the allotted 6 months provided by the visitor visa and before the 6 month limit was up, we put in for an FLR(M).

My application and paperwork were sent off at the beginning of December 2011, I went for my biometrics appointment in February 2012 and have been waiting patiently to hear a reply.

The other day, my spouse's passport was returned to him along with a 'Method of Entry Questionnaire' for me to fill out and return and I'm wondering why this has been sent to me? Is this a normal part of the process? Can anyone tell me more about this?

I'm a bit concerned by some of the questions on this questionnaire, as when I caught my flight over I initially landed in Dublin, where my passport was stamped before catching my connecting flight to Gatwick. When I arrived at Gatwick, there was loads of construction going on and following the line of people exiting the plane, we walked past the empty and cordoned off passport control booths - there was no security at all outside of customs.

Any advice or comments would be greatly appreciated! Thank you in advance!

[Lucapooka]

This is a terrible mess and you should have taken advice rather than make completely inaccurate assumptions on your rights and procedures.

If you wanted to extend your visit visa you should have filed FLR(O) rather than FLR(M). However, this would not have been approved in any case as the reason you are citing to extend your stay is not valid within the rules for extending.

Futhermore, if you do decide to settle in the UK is not permitted to switch your status to settlement inside the UK having entered as a visitor. If you want to settle you will have to apply for settlement from the USA.

[mrsmasters]

Thank you for such a quick response

What is the FLR(M) visa for, then? I was told that this was the visa that I needed to apply for, but if changing one's status within the UK isn't allowed then why have me fill out this form?

[Lucapooka]

I don't know; you have been given bad advice but only you can say if that person was qualified to give advice. FLR(M) is a settlement application. FLR(O) is to extend existing leave on a temporary basis but the basis you have stated is not one that would be approved.

[mrsmasters]

Would they not have rejected my application as being invalid before sending me to go for my biometrics? Or even before sending the questionnaire?

Even though your responses aren't what I want to hear, I do appreciate you responding so quickly - thank you.

[Lucapooka]

Everyone goes for biometrics before the application is considered. What will happen now is that your application will be refused and you then have 28 days to leave the UK. You'll have to declare the refusal on any visa applications you make in the future. It's also worth applying for a visit visa next time you visit the UK rather than relying on the visa waiver.

[mrsmasters]

Do I have no right to appeal at all?

[Lucapooka]

You will if your leave has already expired but there is no basis on which to appeal so you'll be making a frivolous application that has no merit that may affect any further entry to the UK.

[mrsmasters]

Sorry, now I have more questions!

Am I required to return to the US? Or may I visit other countries?

How long do I have to stay away before being allowed re-entry to the UK?

[Lucapooka]

A visitor is generally permitted to spend no more than six months per year in the UK. If you try to leave and re-enter very soon after completing a full six months in the annual cycle that began when your first entered, you may be refused entry. It will depend on the reasons you give for wishing to enter and may be arbitrary decision by the immigration officer.

[Greenie]

How long are you intending on staying here? FLR(M) is to apply for leave to remain in the UK as the spouse of a British citizen with a view to settlement however you can't make this application having entered the UK a visitor hence why the application is likely to be refused.

Who advised you to apply on this form?

[mrsmasters]

I feel like such an imbecile, really. I clearly should've done more research than I did and not trusted the advice of a friend in a similar situation.

We saw ourselves staying here for no more than 2 years, really.

Would it be advisable at this stage to secure a solicitor at all, or would we just be wasting our time?

[Greenie]

FLR(m ) is the right application if you intend on staying here for two years but you don't meet the requirements because you are here as a visitor. It may be worthwhile seeking advice from a solicitor.

[Lucapooka]

You say you want to stay for about two years? Leave the UK and apply for settlement. The expedited settlement visa service in the USA will emit the visa in no time. You can then stay as long as you wish and change your mind at any time and return to the US. You'll need income or savings and accommodation all in place before you apply.