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How early can apply for FLM + TOEIC

Discussion in 'UK Visa and Immigration Help' started by Manila_Paul, Sep 5, 2014.

  1. Manila_Paul
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    Manila_Paul Member

    Hi folks, just wondering if anyone knows how early you can apply for FLR? My wife's visa runs out in August 2015. She has the language requirement at B1* and has passed Life in the UK. So we're all ready to go for it... but can it done now or do we have to wait until x time before it runs out?

    * This said, I note TOEIC have been taken off the list of approved providers.. I take it though that she passed at B1 when it was valid, so there is no comeback on this?
  2. Manila_Paul
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    Manila_Paul Member

    Okay... I've read a few posts now on the TOEIC issue and... well, I'm none the wiser... lol. Either B1 pass is always valid for UKBA or it is always valid as long as it is on the current approved tests list (which TOEIC isn't). Clear as mud as usual from the dullards at the Home Office :)
  3. Anon220806
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    Anon220806 Well-Known Member

    Sadly, the TOEIC test seems to have fallen out of favour with UKVI. My wife has got to retake her test with another provider for her British Citizenship application.

    My wifes TOEIC test pass has now been declared null and void even though she used it for her spouse visa and ILR.
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  4. Anon220806
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    Anon220806 Well-Known Member

    When did your wife apply for her original visa?
    Last edited: Sep 5, 2014
  5. Maharg
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    Maharg Well-Known Member Trusted Member

    You don't need Life in the Uk for FLR.

    Chances are that by the time she needs it (ILR) she'll have to take it again anyway.

    It does seem pretty certain that the TOEIC test is worthless now. We certainly plan to do a different English test before our second FLR.
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  6. Manila_Paul
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    Manila_Paul Member

    August 2012.. arrived here December 2012. Visa expires next August. I was hoping to go for it early next year at the latest as I have a busy year ahead...
    Last edited: Sep 5, 2014
  7. Manila_Paul
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    Manila_Paul Member

    Thanks for the clarification on that. So it looks like just another Englist test required for FLR?
  8. Anon220806
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    Anon220806 Well-Known Member

    Ah. So you just missed the old rules by a month. So need to take the longer routing.
  9. Anon220806
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    Anon220806 Well-Known Member

    We were uncertain so I contacted Immigration and they came back and told us the bad news.

    Also, look at Stevepqr's very recent thread and how it has affected him.
  10. Anon220806
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    Anon220806 Well-Known Member

  11. Manila_Paul
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    Manila_Paul Member

    Yep, exactly. We actually first applied on the very last day under the old rules - 7th July (the 9th was a Sunday) but BPI made a mistake on the manager's check. It was out by 5 centimos or something and they would not accept the application! We then decided to do more work on it and applied a bit later but it still galls me now!

    As far as I can see, there is nothing barring us from applying for the FLR now (or after the new English test, as it turns out!). So at least we'll get in nice and early for the next one! :like:
  12. Maharg
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    Maharg Well-Known Member Trusted Member

    Pretty sure you have to apply within 30 days of the other expiring. By that I ean no earlier than 30 days before it expires.

    It stands to reason that you can't apply now for an extension of an FLR that expires in 12 months time.
    Last edited: Sep 5, 2014
  13. Manila_Paul
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    Manila_Paul Member

    Well I've now read a piece on a legal website which states you should make preparations a couple of months in advance, without giving any further detail. But yes, it does make sense... it will just be useful to have the time frame in black and white.
  14. Anon04576
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    Anon04576 Well-Known Member

    My understanding was that the earliest you can apply for FLR is 28 days before the 30th month in the UK

    10.4. Granting leave to remain as a partner
    Where an applicant is applying to join or extend their leave under the 5-year partner route to
    settlement in the UK and they meet the requirements of R-LTRP.1.1.(a) to (c), the applicant will
    be granted leave to remain as a partner under D-LTRP.1.1. for 30 months on a 5-year route to
    settlement, subject to a condition of no recourse to public funds.
    If an applicant granted leave to remain as a partner is receiving their first grant of limited leave
    on the 5-year route (rather than their second grant following an earlier grant of entry clearance
    as a partner under Appendix FM), the applicant should be advised they will need to make an
    application for further leave to remain as a partner of 30 months. They should make their
    application no more than 28 days before their leave is due to expire. They may be eligible to
    apply for settlement after completing 60 months (5 years) with leave to remain as a partner.

    https://www.gov.uk/government/uploa...x_FM_Section_1_0a_-_5-year_route_guidance.pdf
    • Informative Informative x 1
  15. Anon04576
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    Anon04576 Well-Known Member

    We are on same route as you incidentally. In fact my wife went to Manila with her application only to be refused due to the fact that VFS had the wrong price on their website. We were slightly over on the cost, my wife insisted that they can keep the extra money, just accept the visa, they refused. Indeed because we then missed the cut-off date, I was sat on the UKBA website for 3 days waiting for them to put the new updated rules on their site. I had to email several departments within UKBA until I hit the right one, pleading with them to get their sh*t together. It galls me to this day too!

    My wife's visa date is 25 September 2012

    25 September 2012 + 33 months = 25 June 2015 (would be her last day in UK if she didn't apply for visa)

    25 September 2012 + 30 months (= 26 March 2015) - 28 days = 22 February 2015 would be the earliest she could apply for FLR(M)

    This is for spousal visa not fiancee visa, which is slightly different. In the fiancee application, it is 28 days before the first FLR(M) application expires.

    For your own purposes , this may help.

    http://www.timeanddate.com/date/dateadd.html
    Last edited: Sep 8, 2014
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  16. Manila_Paul
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    Manila_Paul Member

    Thanks HaloHalo.... this is exactly what I was looking for. I had forgot that it is 33 months from the date on the visa as opposed to the date on entry. So that brings it back even further.
  17. Anon04576
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    Anon04576 Well-Known Member

    Yep that's how I see it, date on the visa, not entry date but even so I think in most cases people get their respective spouses over here ASAP, so I'm guessing in the majority of cases, the difference between visa date and entry date is weeks opposed to months anyhow. I think in all honesty applying early is nice but even if you don't you've still got a big enough window. Stick around and let us know how you get on and any questions on the FLR(M) are tricky, please share. Like I say I'm in the same boat so I might be asking you what answer you've put for a certain question :D
  18. Manila_Paul
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    Manila_Paul Member

    Will do. :like:

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