# Further leave to remain



## NadiaUK (Jun 25, 2013)

Hello all,

Could someone kindly clarify something for me , i understand that after the fiancee entree clearance visa for 6 month you apply for further leave to remain once married under spouse category. I read on the ukba web site that the FLR is valid for two years and then you can apply for further leave to remain. Am I understanding this correctly? As under the marriage visa it says 2.5 years leave then another 2.5 years then ILR
Does applying with initial fiancee visa differ from marriage visa?

Very grateful for clarification and man thanks in advance


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## WestCoastCanadianGirl (Mar 17, 2012)

The process for Fiancé(e)/Proposed Civil Partnership Visas is as follows

Obtain a Fiancé(e)/Proposed Civil Partnership Visa, which allows initial entry into the UK for the purpose of marriage and settlement. 

Once you are married you then apply for your first of 2 (_two_) Further Leave to Remain Visas (FLR(M)) at *2.5 years* each.

At the conclusion of the _second_ 2.5 year period, you can then apply for Indefinite Leave to Remain (ILR), and the second that the ink is dry on that visa, you are free to apply for UK citizenship through naturalisation, as you must have been living in the UK on a Spouse/Civil Partner for 3 years before this can happen, and since the FLR(M) portion of the visa process is 5 years in length (or 3 years if you applied for your initial Fiancé(e)/Proposed Civil Partnership Visa by midnight on July 8, 2012), you're automatically eligible to apply for citizenship once ILR has been granted.

_ETA: if you applied for and were approved for a Spouse Visa from outside of the UK (i.e. you got married to a UK citizen_ outside of the UK_, that visa is 33 months long (2.5 years plus 3 months extra allowance for the applicant to conclude life in their home country before arriving in the UK without it jeopardising the "must be present in the UK for 2.5 years" part of the visa) and counts as the first of the aforementioned 2 FLR(M) visas. When that first visa expires, you would apply for a second FLR(M) visa of 2.5 years, after which you could apply for ILR and, upon successful application, citizenship._


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## nyclon (Apr 3, 2011)

NadiaUK said:


> Hello all,
> 
> Could someone kindly clarify something for me , i understand that after the fiancee entree clearance visa for 6 month you apply for further leave to remain once married under spouse category. I read on the ukba web site that the FLR is valid for two years and then you can apply for further leave to remain. Am I understanding this correctly? As under the marriage visa it says 2.5 years leave then another 2.5 years then ILR
> Does applying with initial fiancee visa differ from marriage visa?
> ...


There is nothing called a marriage visa. You are issued a spouse visa if you marry outside the UK and apply outside the UK. It's called FLR (M) if you come to the UK on a fiance visa and then marry. 

The fiance visa is valid for up to 6 months and you must marry within that time. You then apply for further leave to remain which is valid for 30 months. After 30 months you basically renew your FLR by applying for another FLR which is good for 30 months. After 5 years you apply for ILR.


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## NadiaUK (Jun 25, 2013)

Thank you so much for the clarification much appreciated.

I have one more question please does anybody know if previous EEA family permits counts towards residency. Basically my fiancée was married to a European national and had 6 EEA visas each for 6 months he never applied for ILR as he was travelling a lot and also his marriage wasn't going well. Also our relationship started whilst he was still married would this affect his application for fiancée visa.

Thank you so much


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## WestCoastCanadianGirl (Mar 17, 2012)

No, I don't think the previous EEA residency time counts towards the new residency time. 

A change in visa class means a re-set in the residency clock... for example, if you were here as a student for three years and then switched to a spousal visa, your wait clock is reset back to 0 and you have to wait 5 years for residency.

It's not re-set for the FLR(M) of a Fiancé(e)/Proposed Civil Partner or Spousal Visa because you initially entered on the aforementioned Visa and are just extending the expiry of the visa long enough to qualify for permanent residency/citizenship.

You _cannot_ switch visa classes within the UK while on a _Tourist Visa_... you _must_ depart the UK in order to apply for a different visa class if you're currently on a Tourist Visa.


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## Joppa (Sep 7, 2009)

nyclon said:


> There is nothing called a marriage visa. You are issued a spouse visa if you marry outside the UK and apply outside the UK. It's called FLR (M) if you come to the UK on a fiance visa and then marry.


Marriage visa is an alternative name for fiancé(e) visa, and that's the type you choose when going through online application process.


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## nyclon (Apr 3, 2011)

Joppa said:


> Marriage visa is an alternative name for fiancé(e) visa, and that's the type you choose when going through online application process.


Ok. I didn't realize that.


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## Svetik (Jan 17, 2015)

Hi everybody! I married my spouse while being on Tier 4 student visa in Jan 2013 and was granted an initial leave to remain for !!!! 2 years; instead of above mentioned 30 months (2.5). Why do you think that happened and how this would affect my case? Does it mean I would have to apply for an extra further leave to remain to complete my 5 year residency requirement?

Thanks!


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