FLR(M) extension

[jraj]

Hi
My wife is on a flr(m) visa which is due to expire this October. We plan to get an extension for her since we haven't spend the required number of months together for settlement (she has been out of country for few months). I am a British citizen.

I have received a job offer from abroad and will need to go abroad. I will be quiting my UK company in the next month or so, and we plan to move abroad. Hence, HR in the company will not write a letter for my indefinite employment. Is such a letter needed for the visa extension?

Reason my wife needs an extension because she will continue to work for the UK company while abroad and draw salary in the UK.

Thanks for your help.

[Amber]

Hi
My wife is on a flr(m) visa which is due to expire this October. We plan to get an extension for her since we haven't spend the required number of months together for settlement (she has been out of country for few months). I am a British citizen.

I have received a job offer from abroad and will need to go abroad. I will be quiting my UK company in the next month or so, and we plan to move abroad. Hence, HR in the company will not write a letter for my indefinite employment. Is such a letter needed for the visa extension?

Reason my wife needs an extension because she will continue to work for the UK company while abroad and draw salary in the UK.

Thanks for your help.

There is no required number of months together during the two year probationary period, if your wife was out of the UK for work that should be a valid absence and not affect the settlement application.

What was the start date of the visa? When did she enter the uk and when was she absent?

[jraj]

She had her visa in 2011 November. She will not have time for life in the UK test and hence want to apply for an extension. She has been away less than an year and it's not work related rather more family related.

I want to know what sort of letter will I need from my employer?

[Amber]

She had her visa in 2011 November. She will not have time for life in the UK test and hence want to apply for an extension. She has been away less than an year and it's not work related rather more family related.

I want to know what sort of letter will I need from my employer?

Well I'm lost as to why she doesn't go for settlement when she's eligible, absences can be ignored if there are good reasons, however, for an extension of flr(m) under the old rules no employment letter is needed.

[vinny]

There is still time to do the Life in the UK test. It would be a shame for her not to apply for ILR, if she passes the test. In her case, the residential questions for FLR(M) and SET(M) are the same.

[jraj]

She had her visa in 2011 November. She will not have time for life in the UK test and hence want to apply for an extension. She has been away less than an year and it's not work related rather more family related.

I want to know what sort of letter will I need from my employer?

Well I'm lost as to why she doesn't go for settlement when she's eligible, absences can be ignored if there are good reasons, however, for an extension of flr(m) under the old rules no employment letter is needed.

Well the sponsorer will not be in the country when her visa expires. We plan to move abroad as soon as she gets her extension. There is no need for her to get settlement.

Having said that her visa expires in November, can we ask for an extension in June (5months before expiry)?

[Amber]

She had her visa in 2011 November. She will not have time for life in the UK test and hence want to apply for an extension. She has been away less than an year and it's not work related rather more family related.

I want to know what sort of letter will I need from my employer?

Well I'm lost as to why she doesn't go for settlement when she's eligible, absences can be ignored if there are good reasons, however, for an extension of flr(m) under the old rules no employment letter is needed.

Well the sponsorer will not be in the country when her visa expires. We plan to move abroad as soon as she gets her extension. There is no need for her to get settlement.

Having said that her visa expires in November, can we ask for an extension in June (5months before expiry)?

Have you discussed with her whether she would like to become settled?

[jraj]

no, she doesn't want to be settled.

[jraj]

Thanks to the response and feedback we received on this thread, my wife would be applying for ILR soon. She earlier thought she wasn't eligible for that since she was out of the country for close to 11 months.

Can someone please advise if a letter from her employer would help her case? Isn't 11 months too long a period of absence and shouldn't she instead apply under FLR(M) again?

We're quite confused and any help would be greatly appreciated.

[Amber]

Absences should be limited and for a good reason, yes a letter would help, it'll be up to the caseworker, if not they should tell you to extend, assuming you're going to a PEO.

[jraj]

In which case, would you advise us to take both the FLR(M) and SET(M) forms to the PEO for our appointment?

Do you think an official visit/posting would be considered a "good enough" reason?

[vinny]

See also Time spent outside the UK.

Also include proof of subsisting marriage during any significant times that you were apart.

Has she satisfied the KOL requirements for SET(M)?

Is the PEO appointment prior to 28 Oct 2013?

[Amber]

Taking both completed forms would be wise.

[jraj]

As proof of subsisting marriage, we plan to show my travel tickets to the home country (where she was for those 11 months). We've been married for the last 7 years and were together throughout in the UK - except for the aforementioned period.

My wife cleared the 'Life in the UK' test a few weeks back and holds an academic degree from a British University. So, I believe she need not do anything specifically for the english language bit of the KOL requirement. Pls correct me if I'm wrong. Her appointment is after 28 Oct 2013.

We read somewhere that we could get help from the council in filling out our application. Do you think that would be useful? Would they be able to tell us how strong or weak our case is?

[Amber]

What about proof of phone calls, skype etc whilst she was away?

The degree from the UK will suffice KoLL post 28-oct-2013 with the LIUK. Moreover, the old form can be used for 21 days following 28-oct-2013.

The Settlement Checking Service will not give a decision but they do have access to a caseworker at the UKBA to ask questions, one of which could be related to absences. However, I very much doubt you'll get an appointment now, due to the changes.

Preparing for both eventualities would be most prudent.