FLRM Query

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FLRM Query

Postby dd1975 » Wed Mar 23, 2016 2:48 pm

Hi, I've had a little look around but couldn't see an obvious answer to this query.

My wife was granted a spouses visa in August 2013 while we were both living in Ireland, however with having to find a job and having a young child in school my wife and i didn't arrive in the UK until June 2014.

Her visa has an expiry date of 28/05/2016, however at this point she will not have been in the UK 2 years (she will be a month under).

I've tried calling the immigration help line but have been given the following conflicting information.

1) that the application can be made one month before the expiry date because there will be less than a month between the expiry date and the date of arrival IE she will have been in the UK for 23 and a bit months)

2) she cannot apply until after the date of arrival in June and that the expiry date on the visa is not relevant.

To say I am thoroughly confused is an understatement, if the immigration helpline doesn't know the answer how am I supposed to know when we can apply for the FLRM?

Anyone who can provide some much needed help would be much appreciated.

Many thanks
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Re: FLRM Query

Postby CR001 » Wed Mar 23, 2016 2:59 pm

She can apply at anytime between 1st May and 28th May (although I would not leave it till the last day of her visa).
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Re: FLRM Query

Postby dd1975 » Wed Mar 23, 2016 3:17 pm

Thank you so much for the swift reply, that confirms what I was told the first time and makes much more sense.

Really appreciate that its a weight off my mind.
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Re: FLRM Query

Postby dd1975 » Wed Mar 23, 2016 3:37 pm

As a separate issue :D

My wife has a daughter from a previous relationship still living in Mauritius (its a complicated story so I won't go into full detail here), she has just turned 18 and my wife would like her to be able to come and live with us.

She's not looking to come as a student, and wants to settle with us and be able to work.

What Visa does she need to apply for?

Thanks again, I wish I had found this forum ages ago!!

Just to note I am a British Citizen and am the sposo for my wifes Visa, although she works full time as well.
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Re: FLRM Query

Postby CR001 » Wed Mar 23, 2016 3:42 pm

The daughter should have applied for a visa before she turned 18. She cannot 'piggy back' on her mothers visa now as she is an adult.

She will have to apply in a category she qualifies for (Tier 4 student) for example.
Char
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Re: FLRM Query

Postby dd1975 » Wed Mar 23, 2016 4:23 pm

So because she is 18 she can't apply to join her parent in the UK?

As I said its a very complicated situation, what options does she have for a visa? She isn't intending to come to study but to settle with her mother and wants to work for a living.
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Re: FLRM Query

Postby CR001 » Wed Mar 23, 2016 4:34 pm

No, as an adult over 18 she is no longer considered 'dependent' for immigration purposes. The adult dependent relative visa is the most difficult and expensive to get and almost guaranteed to fail and be refused which will shut the door on any future visit visa applications.

Tier 4 appears the only possibly visa as she won't qualify for a Tier 2 General visa either which she has to have an employer sponsor for.

Not sure if Mauritius is included in the eligibility for Tier 5.
Char
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Re: FLRM Query

Postby dd1975 » Wed Mar 23, 2016 6:03 pm

There seems something inherently wrong with our system in cases like this.

Just throwing this out there but could she come here on a family visit (no visa required for that for 6 months from Mauritius) and then apply to remain with family living in the UK?
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Re: FLRM Query

Postby Casa » Wed Mar 23, 2016 6:08 pm

No, because:
1. It's not permitted to switch from visitor to any other category from within the UK
2. As she is over 18 she doesn't qualify for a family settlement visa

To give you an idea how tough the route to settlement now is for adult dependent relatives, in order to stand any chance of success, you would have to show that:
1. She needs 24 hour care for help with dressing, washing, feeding and basic daily tasks.
2. That care is either not available in her home country or is unaffordable.

As CR001 has already pointed out, if you decide to submit an application for an ADR visa and it's refused (which it will be), she won't be allowed to enter as a visitor, due to the intention to settle. All information is held on the UKVI system and accessed by Immigration Officers at the UK port of entry.
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
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Re: FLRM Query

Postby dd1975 » Wed Mar 23, 2016 6:18 pm

OK thanks for the reply, I'm going to have to have a think on things and see where we go from here on this.
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Re: FLRM Query

Postby avjones » Sun Mar 27, 2016 12:02 am

dd1975 wrote:As a separate issue :D

My wife has a daughter from a previous relationship still living in Mauritius (its a complicated story so I won't go into full detail here), she has just turned 18 and my wife would like her to be able to come and live with us.

She's not looking to come as a student, and wants to settle with us and be able to work.

What Visa does she need to apply for?


There's no such visa available. Child-of-person-lawfully-settled-in-the-UK visa only applies to those who are under 18. 18 years is the cut-off. And even then you need to prove that your wife has "sole responsibility" for her upbringing, no complicating fathers in the picture in Mauritius.
Amanda Jones

I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.
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Re: FLRM Query

Postby avjones » Sun Mar 27, 2016 12:04 am

dd1975 wrote:There seems something inherently wrong with our system in cases like this.

Just throwing this out there but could she come here on a family visit (no visa required for that for 6 months from Mauritius) and then apply to remain with family living in the UK?


Unwise. She would be refused a visa to remain with family in the UK. There is no provision for "switching" from visitor to family dependent, and anyway, she still doesn't qualify. She wouldn't be able to work or study while it was being considered. The chances of her ever being allowed entry to the UK are close to zero, as she would (as the Home Office sees it) have demonstrated a desire to settle in the UK and a willingness and ability to attempt to circumvent immigration law. So they'd return her from the airport on the next plane.
Amanda Jones

I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.
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Re: FLRM Query

Postby dd1975 » Sat Apr 16, 2016 8:22 pm

Hi, I'm getting back onto the original topic of my wife's FLR(M).

My question relates to the English language requirement section of the form.

When we were granted her visa previously we provided proof of her attendance on an English as A Foreign Language Programme (which was a 6 month course in 2006) at a college in Dublin, and this was accepted for the visa.

I'm trying to work out how to fill in this section of the form as this wasn't a degree course, and neither is it one of the listed courses on the form but I note that the form states that you can use tests etc. that were part of a successful previous application.

I really don't want to fill the form incorrectly for obvious reasons, any pointers please?
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