FLR(M) or SET(M) ?

[singkit]

Hello all. It's been a long time and it's been 32,716 new posts since my last visits

First, I'd like to thank all the staff and the members on this site for all the many helpful advices they gave me since I became a member here. Been busy now with my job. I reckon my first post here was how to get a job in the UK. It's been brilliant.

Anyway, without further ado, I have another piece of question for you guys. I am now in the process of my application on extending my visa. I came here in the UK 2 months and 12 days after my spouse visa was granted. Obviously, my visa will run out before the end of my two-year qualifying period. I visited the website www.ukba.homeoffice.gov.uk and found out I may need to apply to extend my visa, using application form FLR(M) . I was told the same by Lady J, regarding this matter a long time ago. Which is not a good news as I will spend £395 FLR(M) to extend it and another £750 SET(M) after I reached 23 months of stay

Knowing this, I was ready to file FLR(M) instead of SET(M) but I started to get confused when a member of the Immigration Group
UK Border Agency replied to my enquiry that said:

Thank you for your enquiry.
Please note, if your entry was delayed by up to 3 months after the issue of your visa, and your visa expires before you have completed 23 months from the date of entry into the UK, you can submit a SET(M) application by post before your visa expires. The application will be placed on hold until the qualifying period has been completed. Alternatively, you can submit an FLR(M) application and, if you meet the requirements for this application, you will be granted a further period of leave to enable you to complete the probationary period.

If you delayed your travel by more than 3 months, you will need to submit an FLR(M) application. If you meet the requirements for this application, you will be granted a further period of leave to enable you to complete the probationary period.

I am tempted to file SET(M) to save some money (£395). All I have to do is wait while they place my application on hold. But, is this safe? I am afraid, they will find a reason to refuse my application or something because the UK Border AgencyWebsite http://www.ukba.homeoffice.gov.uk/uk...ionformset(m)/ says different. £750 is quite a lot of money.

Please advise me. Thanks.

[darren-b]

It's become clear recently that the BIA has allowed people with spouse visas who had delayed their journey by more than 28 days to still apply for SET(M) directly, though I'd never seen the BIA state exactly under which circumstances before.

If you have that in writing then I don't see why it's not safe to apply for SET(M). If you are still worried why not phone them up and re-confirm?

[IainBusby]

Hello all. It's been a long time and it's been 32,716 new posts since my last visits

First, I'd like to thank all the staff and the members on this site for all the many helpful advices they gave me since I became a member here. Been busy now with my job. I reckon my first post here was how to get a job in the UK. It's been brilliant.

Anyway, without further ado, I have another piece of question for you guys. I am now in the process of my application on extending my visa. I came here in the UK 2 months and 12 days after my spouse visa was granted. Obviously, my visa will run out before the end of my two-year qualifying period. I visited the website www.ukba.homeoffice.gov.uk and found out I may need to apply to extend my visa, using application form FLR(M) . I was told the same by Lady J, regarding this matter a long time ago. Which is not a good news as I will spend £395 FLR(M) to extend it and another £750 SET(M) after I reached 23 months of stay

Knowing this, I was ready to file FLR(M) instead of SET(M) but I started to get confused when a member of the Immigration Group
UK Border Agency replied to my enquiry that said:

Thank you for your enquiry.
Please note, if your entry was delayed by up to 3 months after the issue of your visa, and your visa expires before you have completed 23 months from the date of entry into the UK, you can submit a SET(M) application by post before your visa expires. The application will be placed on hold until the qualifying period has been completed. Alternatively, you can submit an FLR(M) application and, if you meet the requirements for this application, you will be granted a further period of leave to enable you to complete the probationary period.

If you delayed your travel by more than 3 months, you will need to submit an FLR(M) application. If you meet the requirements for this application, you will be granted a further period of leave to enable you to complete the probationary period.

I am tempted to file SET(M) to save some money (£395). All I have to do is wait while they place my application on hold. But, is this safe? I am afraid, they will find a reason to refuse my application or something because the UK Border AgencyWebsite http://www.ukba.homeoffice.gov.uk/uk...ionformset(m)/ says different. £750 is quite a lot of money.

Please advise me. Thanks.

It seems like contradictory gobbledygook to me. I would ask them to clarify the situation before you make an application of any kind.
Iain.

[darren-b]

It seems like contradictory gobbledygook to me. I would ask them to clarify the situation before you make an application of any kind.
Iain.

Seems quite clear to me...

If you delayed your journey by up to 3 months you have a choice. Either

1) apply using SET(M) though your application will not be processed straight away
2) apply using FLR(M), your application will be processed straight away, but you'll have to apply using SET(M) at a layer stage

If you delayed your journey by more than 3 months then you can only do the second option.

[andypaul]

What is the reason that they have changed this ruling?

I presume a court case or some ruling from a minster or a law court?

Just seems very strange as untill recently they were very hot on the matter from what i have read and seen.

[joebloggs]

darren ..

but like i said in the other thread, your better phoning them and emailing them, and send a copy of the email with your ILR app

[joebloggs]

What is the reason that they have changed this ruling?

I presume a court case or some ruling from a minster or a law court?

Just seems very strange as untill recently they were very hot on the matter from what i have read and seen.

nope, i don't think there is a court ruling or anything like that, it looks like, as they have extended the spouse visa out of country from 24 to 27 months, they are allowing people on a spouse visa in country, who came within 3 months of the start date to apply for ilr but you have to wait, reason is that you must apply b4 your visa expires..

ilr will change next year,, maybe they getting rid of headaches now

[singkit]

Seems quite clear to me...

If you delayed your journey by up to 3 months you have a choice. Either

1) apply using SET(M) though your application will not be processed straight away
2) apply using FLR(M), your application will be processed straight away, but you'll have to apply using SET(M) at a layer stage

If you delayed your journey by more than 3 months then you can only do the second option.

Yeah! That's how I understand it. But I was asking if I apply SET(M), will that be a good move, apart from saving the £395? I fear that they will refuse my application because the website I mentioned above and the SET(M)guide form didn't say anything about these options.

darren ..

but like i said in the other thread, your better phoning them and emailing them, and send a copy of the email with your ILR app

This is what I intend to do incase I go on applying for the SET(M). I have the copy of their email and the name of the person who sent the message. But I just can't make up my mind yet. Arrrgh! I don't know what to do. My current visa will expire on the 9th of December.

[darren-b]

Yeah! That's how I understand it. But I was asking if I apply SET(M), will that be a good move, apart from saving the £395? I fear that they will refuse my application because the website I mentioned above and the SET(M)guide form didn't say anything about these options.

The comment on the website about ringing them up if you delayed your journey never used to be there, so it seems like they've updated their processes without necessarily updating the form.

This is what I intend to do incase I go on applying for the SET(M). I have the copy of their email and the name of the person who sent the message. But I just can't make up my mind yet. Arrrgh! I don't know what to do. My current visa will expire on the 9th of December.

If you have an email, and you then ring them up and they re-confirm it over the phone I can't see why you are worried. They have definitely become more flexible - I think Alicat on this forum had delayed her journey and in the past she would have had to apply using FLR(M) first, but she successfully applied using SET(M) directly.

[joebloggs]

the thing is, will you need your passport for the next 3 or 4 months ?
because that's how long it might take to get it back

if i was you, i would phone them, and if they say the same as in the email, i would then apply for ILR, and also ask them when can you send your app, i would send it at least 1wk before your visa expires, to make sure they take the money out of your account without a problem.

if they refuse your app because you've applied for ILR too early, i would have thought you shouldn't have a problem getting them to reconsider the refusal, as the mistake is with the HO not you, and so they will look at your app again, as you have an email from them, saying its ok to apply for ILR.

i would have thought you will not have a problem applying for ILR as i've seen on another forum, that they have been told the same by the HO, so this change has been very recent, must be only in the last couple of weeks, if that.

[singkit]

Thanks, darren-b and as always joebloggs
I'm more sure now of what to do and will update you if I my application was a success. Crossed my fingers Muahhhh

[pennybarry]

Yeah! That's how I understand it. But I was asking if I apply SET(M), will that be a good move, apart from saving the £395? I fear that they will refuse my application because the website I mentioned above and the SET(M)guide form didn't say anything about these options.




This is what I intend to do incase I go on applying for the SET(M). I have the copy of their email and the name of the person who sent the message. But I just can't make up my mind yet. Arrrgh! I don't know what to do. My current visa will expire on the 9th of December.

I think we're on same situation, I arrived more than 28 days after my visa granted.

I arrived Nov. 11 2006 and my visa will be expired by Sept. 11, 2008. My exam sched was Sept. 9, 2008 so I have only 2 days left to submit my application. I was cramming so I phoned PEO's office and asked what application form to be used. SET(M) OR FLR? They said I can use either so I preferred ILR and paid 750. They said if I need application forms, they can send me free of charge. They send me both applications so I can choose which I want to use.

Other members of forum also gave me some advised.

I have submitted my ILR same date of my exam I took exam in the morning and sent my applications in the afternoon same date

In their GUIDANCE NOTES, DECISION TIMES said :
20 WORKING DAYS processing - 70%
70 WORKING DAYS - 100%

You still have more time to ring their office if you think it's still confusing. 08706067766. I wait 15 minutes before they answered the phone.

[joebloggs]

so penny you've been waiting for 2 months for an answer to your visa app?

looks like you could be waiting til mid dec

so they told you at the start of sept you could apply for FLR or ILR.

this concession has supposedly been negotiated by the ILPA ..... Immigration Law Practitioners Association .... who argued that the problem was an unintentional side effect of a change introduced as far back as 2001.

your another lucky one Penny to have benefited from this recent change, or you would have had to apply for FLR and then ILR

why have they not updated the forms then ? maybe they will do this soon

[andypaul]

so penny you've been waiting for 2 months for an answer to your visa app?

looks like you could be waiting til mid dec

so they told you at the start of sept you could apply for FLR or ILR.

this concession has supposedly been negotiated by the ILPA ..... Immigration Law Practitioners Association .... who argued that the problem was an unintentional side effect of a change introduced as far back as 2001.

your another lucky one Penny to have benefited from this recent change, or you would have had to apply for FLR and then ILR

why have they not updated the forms then ? maybe they will do this soon

The overall picture does appear to be a bit of a mess and very confusing but hopefully it helps Penny and others

[joebloggs]

your right andy.

the gov should have updated the forms, how difficult is it to update a pdf file with a few sentences ?

maybe the reason is they still want people to apply for FLR, for the

[pennybarry]

so penny you've been waiting for 2 months for an answer to your visa app?

looks like you could be waiting til mid dec

so they told you at the start of sept you could apply for FLR or ILR.

this concession has supposedly been negotiated by the ILPA ..... Immigration Law Practitioners Association .... who argued that the problem was an unintentional side effect of a change introduced as far back as 2001.

your another lucky one Penny to have benefited from this recent change, or you would have had to apply for FLR and then ILR

why have they not updated the forms then ? maybe they will do this soon

I wish I am lucky! I wish at the end of the day I'll get good result. Yes I'm waiting for my passport as I can't book my flight back home. They encashed my Mom's cheque a week after they received it.

[joebloggs]

as long as they've taken the money, you shouldn't really have a problem

so no need to worry

[singkit]

Hello, all.

My hubby called the Immigration Enquiry Bureau (0870 606 7766) today and the lady on the phone said that I can apply for the SET(M) , though I have to wait for at least 16 weeks, roughly 4 months Well, atleast I know where am heading now.

Thank you all so much for the infos. Penny, thank you for such a helpful message here. I wish you all the best of luck and success on your visa application (and mine) .

I agree with AndyPaul and Joebloggs about their comments on the Home Office not updating their forms and the informations on their website regarding this matter
They want loads of

I will keep you updated, folks. Am still sorting more documents to include on my applications. (I don't have letters /documents addressed to us jointly or with both my name and my hubby's ) . I've read joebloggs' thread about getting MORE letters/documents than the usual 6 documents they required and I will do that just in case...

By the way, will it make any difference if I use a Debit Card rather than a cheque payment?
How about posting the application on a recorded delivery and a special delivery ? I know they are both acceptable but through your experience maybe I can find which are the best options. Thanks ever so much!

[darren-b]

By the way, will it make any difference if I use a Debit Card rather than a cheque payment?
How about posting the application on a recorded delivery and a special delivery ? I know they are both acceptable but through your experience maybe I can find which are the best options. Thanks ever so much!

I don't think it will make any difference if you use a debit card or a cheque - cheques usually delay an application because they take time to clear, but in your case that doesn't matter.

I personally prefer special delivery, it might cost a bit more but I believe it's safer.