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FLR M - Overstayer - Income

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codswallop
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FLR M - Overstayer - Income

Post by codswallop » Thu Sep 12, 2019 10:00 am

Hi all

I'm posting on behalf of a friend.

My friend (a British citizen) is currently in marriage talks with an overstayer. (He is a good chap I hasten to add!)

I understand the best way for her to apply for a visa for him is for him to: go back to his country of origin and apply from there.

In that case would she be best returning with him to get married there? Obtain relevant marriage documents in support of her application etc.

Secondly with regards to the £18,600 requirement - she earns well above this; atleast double.

However as she is a contractor she works short contracts i.e. 3 months up to 6, before moving onto another. Getting another contract has never been a problem for her. Because of the nature of her work in mental health her role is very much in demand and she gets several job offers.

The question arises where the HO require 6 months statements and payslips, evidence of a permanent job offer and contract of employment.

Although she could get a standard, permanent job very easily, which although would meet the £18,600 requirement it would be a lot less than her current pay and she does not really want to go down this route for this reason.

Is there any way around this? (I'd like to note that they do not want children straight away and especially not for the sake of visa applications.)

Secondly is there anything else she needs to be aware about her future fiancee and husband?

Thanking you in advance.

codswallop
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Re: FLR M - Overstayer - Income

Post by codswallop » Thu Sep 12, 2019 1:25 pm

Please...anyone...?

geoeng
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Re: FLR M - Overstayer - Income

Post by geoeng » Thu Sep 12, 2019 1:48 pm

The document linked below outlines the required evidence to provide to demonstrate an ability to meet the financial requirement. The required evidence will depend on whether your friend is considered an employee or self-employed as a sole trader. They don't need to have a permanent job or to have worked for the same employer for 6 months, a number of employers can be combined to meet the requirement as long as the specified evidence can be provided.

He does need to return to his country of origin and apply from there as this visa cannot be applied for within the UK unless you have valid leave to remain under a different visa category already. That said, obtaining a spouse visa is not guaranteed given the previous history of overstaying and will likely take a long while to process (there does seem to be success stories described elsewhere on this forum though). It is likely worth considering what would happen if a visa were refused and whether your friend is willing to live in his country of origin if necessary. Probably not what your friend wants to hear but also probably needs to be said.

https://assets.publishing.service.gov.u ... -ext_1.pdf

codswallop
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Re: FLR M - Overstayer - Income

Post by codswallop » Thu Sep 12, 2019 2:24 pm

geoeng wrote:
Thu Sep 12, 2019 1:48 pm
The document linked below outlines the required evidence to provide to demonstrate an ability to meet the financial requirement. The required evidence will depend on whether your friend is considered an employee or self-employed as a sole trader. They don't need to have a permanent job or to have worked for the same employer for 6 months, a number of employers can be combined to meet the requirement as long as the specified evidence can be provided.

He does need to return to his country of origin and apply from there as this visa cannot be applied for within the UK unless you have valid leave to remain under a different visa category already. That said, obtaining a spouse visa is not guaranteed given the previous history of overstaying and will likely take a long while to process (there does seem to be success stories described elsewhere on this forum though). It is likely worth considering what would happen if a visa were refused and whether your friend is willing to live in his country of origin if necessary. Probably not what your friend wants to hear but also probably needs to be said.

https://assets.publishing.service.gov.u ... -ext_1.pdf
Thank you for the advice re financial requirements. Not sure whether she is an employee or self employed?

She has a young child from a previous relationship and is sole carer. Her family are all from and in the UK - they also help with looking after her child, when she is at work etc. This chap is willing to step up as a father figure for her child.

^ Would this help in her application.

codswallop
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Re: FLR M - Overstayer - Income

Post by codswallop » Thu Sep 12, 2019 2:43 pm

Thank you for providing the link to the financial req't document :) that was very helpful & covered the issue regarding short term contracts.

geoeng
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Re: FLR M - Overstayer - Income

Post by geoeng » Thu Sep 12, 2019 2:52 pm

You're welcome. The UKVI web page is not nearly as helpful or as organised as it probably should be and sometimes finding the right guidance document is a pain.

While that situation won't hurt in a visa application and may help demonstrate shared responsibilities, it is unfortunately unlikely to help much. The only things I can think of that will help are being honest about the circumstances regarding overstaying, following all the rules/steps in applying and supplying the required documents.

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seagul
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Re: FLR M - Overstayer - Income

Post by seagul » Thu Sep 12, 2019 6:49 pm

codswallop wrote:
Thu Sep 12, 2019 10:00 am

However as she is a contractor she works short contracts i.e. 3 months up to 6, before moving onto another. Getting another contract has never been a problem for her. Because of the nature of her work in mental health her role is very much in demand and she gets several job offers.
Also a lot of care taking/hospitality/catering agencies appoint their workers on their different contracts from time to time and if they are taking care of your tax then you are doing a paye job otherwise it might be a self employment.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

codswallop
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Re: FLR M - Overstayer - Income

Post by codswallop » Tue Sep 17, 2019 10:24 am

seagul wrote:
Thu Sep 12, 2019 6:49 pm
codswallop wrote:
Thu Sep 12, 2019 10:00 am

However as she is a contractor she works short contracts i.e. 3 months up to 6, before moving onto another. Getting another contract has never been a problem for her. Because of the nature of her work in mental health her role is very much in demand and she gets several job offers.
Also a lot of care taking/hospitality/catering agencies appoint their workers on their different contracts from time to time and if they are taking care of your tax then you are doing a paye job otherwise it might be a self employment.
I've checked with her, she is employed via an umbrella company.

Which form would need to be completed in this case? Would it still be FLR M?

geoeng
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Re: FLR M - Overstayer - Income

Post by geoeng » Tue Sep 17, 2019 2:26 pm

For an umbrella company Category A or B would probably be most applicable depending on length of time with current employer and salaried vs. variable income.

FLR(M) is further leave to remain in the spouse category (i.e. for someone already legally in the UK). Applications from outside the UK can be completed online here https://visas-immigration.service.gov.u ... appendixfm under the Appendix FM Partner category

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seagul
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Re: FLR M - Overstayer - Income

Post by seagul » Tue Sep 17, 2019 7:05 pm

codswallop wrote:
Tue Sep 17, 2019 10:24 am
seagul wrote:
Thu Sep 12, 2019 6:49 pm
codswallop wrote:
Thu Sep 12, 2019 10:00 am

However as she is a contractor she works short contracts i.e. 3 months up to 6, before moving onto another. Getting another contract has never been a problem for her. Because of the nature of her work in mental health her role is very much in demand and she gets several job offers.
Also a lot of care taking/hospitality/catering agencies appoint their workers on their different contracts from time to time and if they are taking care of your tax then you are doing a paye job otherwise it might be a self employment.
I've checked with her, she is employed via an umbrella company.

Which form would need to be completed in this case? Would it still be FLR M?
I already suspected that. If she has earned at least £9300 during the last 6 months then simply proceed with Category A
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

codswallop
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Re: FLR M - Overstayer - Income

Post by codswallop » Wed Sep 18, 2019 9:05 am

geoeng wrote:
Tue Sep 17, 2019 2:26 pm
For an umbrella company Category A or B would probably be most applicable depending on length of time with current employer and salaried vs. variable income.

FLR(M) is further leave to remain in the spouse category (i.e. for someone already legally in the UK). Applications from outside the UK can be completed online here [url]https://visas-immigration.service.gov.u ... appendixfm[/url] under the Appendix FM Partner category
Brill.

What is the name of this particular application/visa?

Thanks

codswallop
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Re: FLR M - Overstayer - Income

Post by codswallop » Wed Sep 18, 2019 9:06 am

seagul wrote:
Tue Sep 17, 2019 7:05 pm
codswallop wrote:
Tue Sep 17, 2019 10:24 am
seagul wrote:
Thu Sep 12, 2019 6:49 pm
codswallop wrote:
Thu Sep 12, 2019 10:00 am

However as she is a contractor she works short contracts i.e. 3 months up to 6, before moving onto another. Getting another contract has never been a problem for her. Because of the nature of her work in mental health her role is very much in demand and she gets several job offers.
Also a lot of care taking/hospitality/catering agencies appoint their workers on their different contracts from time to time and if they are taking care of your tax then you are doing a paye job otherwise it might be a self employment.
I've checked with her, she is employed via an umbrella company.

Which form would need to be completed in this case? Would it still be FLR M?
I already suspected that. If she has earned at least £9300 during the last 6 months then simply proceed with Category A
Thank you!

geoeng
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Posts: 953
Joined: Fri Aug 30, 2019 11:54 am
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Re: FLR M - Overstayer - Income

Post by geoeng » Wed Sep 18, 2019 9:49 am

codswallop wrote:
Wed Sep 18, 2019 9:05 am
Brill.

What is the name of this particular application/visa?

Thanks
Informally it would be called a spouse visa. More formally it would be entry clearance as a partner of a British citizen.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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