Spousal visas _Further leave to remain applications

Applicants who have been issued with a spousal visa from abroad but who do not, for whatever reason, travel to the UK as soon as the visa is issued, may have to apply for further leave to remain at the end of their permitted stay in order to make up the two year probationary period.

For instance, where an applicant travels to the UK 4 months after his or her spousal visa was issued, he or she will have to apply on form FLR (M) for further leave to remain rather than indefinite leave to remain at the end of their permitted length of stay. The UK Border Agency, should, provided the applicant meets the criteria, grant further leave. The applicant will then need to apply for indefinite leave to remain (ILR) on form SET (M) as soon as he or she has completed the two year period.

The UK border Agency policy and guidance states the following:

“Entry clearance issued to spouses, civil partners, unmarried and same sex partners of persons present and settled in the UK is currently valid for two years (normally commencing on the date of issue of entry clearance). If the holder delays travel to the UK after the issue of entry clearance (which functions as leave to enter), he or she will subsequently have spent less than the two years probationary period in the UK by the time his/her leave to enter is about to expire. He or she will therefore not be eligible for the grant of indefinite leave to remain, and may be required to apply, and pay, for a short extension in order to make up the full two years in the UK. The amendments to the rules remedy this by increasing the validity of such entry clearance to 27 months, although the spouse etc. will be required to complete only a period of two years before being eligible (subject to the other requirements of the rules) for indefinite leave to remain.”

Where there are shorter gaps such as a gap of 1 month, it may be possible to argue that the applicant can apply for indefinite leave to remain straight away rather than apply for further leave. This is because the earliest applications can be submitted to the Home Office is within the last 28 days of the leave. Applicants who are unsure as to whether to proceed with a FLR or ILR application, should contact one of our experienced lawyers for advice and further information on 0207 569 3035 or alternatively at info@ergensharif.co.uk.