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EveryByway
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Quicker to apply overseas?

Post by EveryByway » Sun Jun 28, 2020 2:40 pm

Hello,

I understand that there are significant delays with visa applications being submitted in the UK at the moment, potentially of up to six months.

My wife needs to apply for her FLR(M) soon (switching from Youth Mobility Scheme visa), and we are wondering whether it might be quicker to apply from her home country (Australia)? This would also allow her to visit her family, because during the wait for a decision on an application made in the UK, she would not be allowed to leave the country. Or are the delays the same everywhere?

The GOV website says that decisions on applications made in Australia generally take a maximum of three weeks, but this is probably now out of date with COVID.

Would there be any extra steps or documents we would need for an application made overseas? We've currently been preparing for an FLR(M) application.

Thank you!

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Re: Quicker to apply overseas?

Post by seagul » Sun Jun 28, 2020 3:04 pm

EveryByway wrote:
Sun Jun 28, 2020 2:40 pm
Hello,

I understand that there are significant delays with visa applications being submitted in the UK at the moment, potentially of up to six months.

My wife needs to apply for her FLR(M) soon (switching from Youth Mobility Scheme visa), and we are wondering whether it might be quicker to apply from her home country (Australia)? This would also allow her to visit her family, because during the wait for a decision on an application made in the UK, she would not be allowed to leave the country. Or are the delays the same everywhere?

The GOV website says that decisions on applications made in Australia generally take a maximum of three weeks, but this is probably now out of date with COVID.

Would there be any extra steps or documents we would need for an application made overseas? We've currently been preparing for an FLR(M) application.

Thank you!
In my view the applications from within the UK will process comparatively more faster than from abroad because decision makers are prioritising to those who are either vulnerable or from within the UK. Also applying from UK is slightly cheaper.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

EveryByway
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Re: Quicker to apply overseas?

Post by EveryByway » Sun Jun 28, 2020 3:59 pm

Thanks. Are the decision-makers all UK-based? I thought maybe the decision would be made by an employee at the visa centre in Australia.

Just to double-check - as long as we apply online and pay the fee, will my wife be okay to stay here under Section 3C and continue working? Even if we apply and her visa runs out before she is invited to a biometrics appointment?

Will it show she is on 3C leave on the Employer Checking Service?

Thank you.

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Re: Quicker to apply overseas?

Post by CR001 » Sun Jun 28, 2020 4:11 pm

Are the decision-makers all UK-based?
Yes.
I thought maybe the decision would be made by an employee at the visa centre in Australia.
The visa application centre is a third party agent and not ukvi staff. All applications are processed and decided in the UK.
Just to double-check - as long as we apply online and pay the fee, will my wife be okay to stay here under Section 3C and continue working?
Yes.
Even if we apply and her visa runs out before she is invited to a biometrics appointment?
Yes.
Will it show she is on 3C leave on the Employer Checking Service?
Not specifically 3C no. It will show if she has the right to work or not.
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EveryByway
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Re: Quicker to apply overseas?

Post by EveryByway » Sun Jun 28, 2020 5:09 pm

Okay thank you, that really helps!

Sorry, I have a few more questions. Haven't been able to find answers to these on the forums:

FYI my wife and I have only been married for a few months, and we started living together just before we got married. We've been in a relationship for a year and a half though.

1. Should I submit my current tenancy agreement (we rent) with the application? I moved here before we got married and my wife moved in, so her name isn't on the contract - just mine. But we do have a letter from the landlord, confirming when my wife moved in and that the landlord is happy for us both to live here. Would this be okay?
2. This month I started a new role at the same company I have been at for two years. The role is very similar to my previous role, and the same salary. However I only have a signed contract for the previous role. For my current role, I just got a letter from my employer confirming the new role title, but outlining that there are no changes to my contract (same pay and conditions, etc.). Should I submit both the signed contract for my previous role, and the letter for the new role, with the application?
3. How many photos do we need to submit for proof of genuine relationship? I only have about 12 photos, all taken different places/times since we've been together (e.g. holidays, Christmas...) but they are mostly selfies of both of us (no one else in the photos). But you can see from the background, we are in different countries etc. Would this be okay? Reading around, some people seem to be submitting hundreds of photos, with lots of different people in them! We really don't have that many.
4. How many letters from friends/family do I need to submit? I've heard mixed advice on this.
5. In showing our communication history through WhatsApp, how much should I provide? I've downloaded the data but it is just a huge wall of text. Would this be sufficient proof, or do they want screenshots so that it 'looks' more like the WhatsApp interface?

Thanks, hopefully I'll be a pro at this by the time the next extension comes round...

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Re: Quicker to apply overseas?

Post by CR001 » Sun Jun 28, 2020 6:15 pm

3, 4 and 5 is not required if applying within the UK.
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Re: Quicker to apply overseas?

Post by seagul » Sun Jun 28, 2020 7:42 pm

1. Just take a new noc letter from landlord and attach it along with your tenancy agreement.

2. You only need one employer letter confirming your latest job title although the same letter can briefly describe about your previous role too. Job contract isn't needed.
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Section 3C query

Post by EveryByway » Tue Jul 14, 2020 10:45 pm

Hello,

I’m currently in the process of applying for a spouse visa for my wife. We recently got married and are applying for the visa before my wife’s current T5 visa runs out in mid-August.

My wife is currently employed and her employer is getting a bit nervous about the visa situation. She has explained 3C to them, but they would like some proof.

As I understand it, the only proof we can provide is for the employer to use the Employer Checking Service. How does this work exactly?

My understanding is that once my wife applies for her visa, she will be given an application ID in the UKVI confirmation email - is this correct? And if she gives this number to her employer, they can use the Employer Checking Service which will say she has the right to work. Would we receive this ID as soon as she applies for the visa online?

How long does it take for the Employer Checking Service to complete their checks and inform the employer?

I have heard of some people on these forums not being sent a confirmation email by UKVI (and thus not being sent an application ID). How common is this, and if it happens to us, what recourse do we have to get the application ID?

With the massive delays to visa decisions at the moment, we are nervous because we can’t afford for my wife to be sacked and not to work for six months or longer!

Thanks in advance for any help.

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Re: Section 3C query

Post by seagul » Wed Jul 15, 2020 11:01 am

EveryByway wrote:
Tue Jul 14, 2020 10:45 pm
Hello,

I’m currently in the process of applying for a spouse visa for my wife. We recently got married and are applying for the visa before my wife’s current T5 visa runs out in mid-August.

My wife is currently employed and her employer is getting a bit nervous about the visa situation. She has explained 3C to them, but they would like some proof.

As I understand it, the only proof we can provide is for the employer to use the Employer Checking Service. How does this work exactly?

My understanding is that once my wife applies for her visa, she will be given an application ID in the UKVI confirmation email - is this correct? And if she gives this number to her employer, they can use the Employer Checking Service which will say she has the right to work. Would we receive this ID as soon as she applies for the visa online?

How long does it take for the Employer Checking Service to complete their checks and inform the employer?

I have heard of some people on these forums not being sent a confirmation email by UKVI (and thus not being sent an application ID). How common is this, and if it happens to us, what recourse do we have to get the application ID?

With the massive delays to visa decisions at the moment, we are nervous because we can’t afford for my wife to be sacked and not to work for six months or longer!

Thanks in advance for any help.
There is no timeline of employer checking service and in addition to it the only evidence which can prove the application submission is the auto emails (which not everybody receive & the reason is unknown) Or personalized informal reassurances which you have already tried. Also remember that furlough scheme will end in few months stemming massive redundancies and the same will make the employers be unperturbed in enquiring the legal status of their workers.
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Employer letter and furlough

Post by EveryByway » Thu Jul 23, 2020 6:59 pm

Hello

I'm just getting ready to apply for spouse visa extension.

From January 2019 - March 2020, I was earning a certain amount (far above the minimum £18,600 threshold).
Since April 2020, there has been a company-wide reduction in pay by 15% due to COVID-19 (still putting me above the minimum threshold by quite a lot). On the HR system, this 85% salary is my 'official' salary on the system, and the one our HR department put on my employer letter.

However, I was furloughed in April 2020 which brought my salary down to 70% (still earning far above the minimum threshold for visa). The payslips since April reflect the 70% furloughed salary, not the 85% salary.

The letter states my salary as the 85% salary, because this is my 'official' pay, even though I've been on 70% since the pay reduction was announced, due to furlough. The letter does mention that I have been furloughed since the middle of April, but it doesn't say that my pay was reduced to 70%. All it says is that my pay has been reduced to 85% since April due to the pandemic, and that I'm also currently on furlough.

Does this matter, seeing as all payslips from the last six months are far above the minimum £18,600 threshold, and do I have anything to worry about?

Will the HO caseworker add up my pay since April and see it doesn't equal the 85% reduced salary, or will they just be satisfied it is above the £18,600 threshold?

I also have my employment contract from January 2019 (listing my 100% salary), and a letter sent to me by HR in April stating my salary is being reduced by 15% due to COVID-19. I also have my P60 from April, covering the previous year. Is this enough?

Thanks for any help.

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Re: Employer letter and furlough

Post by seagul » Thu Jul 23, 2020 8:12 pm

EveryByway wrote:
Thu Jul 23, 2020 6:59 pm
Hello

I'm just getting ready to apply for spouse visa extension.

From January 2019 - March 2020, I was earning a certain amount (far above the minimum £18,600 threshold).
Since April 2020, there has been a company-wide reduction in pay by 15% due to COVID-19 (still putting me above the minimum threshold by quite a lot). On the HR system, this 85% salary is my 'official' salary on the system, and the one our HR department put on my employer letter.

However, I was furloughed in April 2020 which brought my salary down to 70% (still earning far above the minimum threshold for visa). The payslips since April reflect the 70% furloughed salary, not the 85% salary.

The letter states my salary as the 85% salary, because this is my 'official' pay, even though I've been on 70% since the pay reduction was announced, due to furlough. The letter does mention that I have been furloughed since the middle of April, but it doesn't say that my pay was reduced to 70%. All it says is that my pay has been reduced to 85% since April due to the pandemic, and that I'm also currently on furlough.

Does this matter, seeing as all payslips from the last six months are far above the minimum £18,600 threshold, and do I have anything to worry about?

Will the HO caseworker add up my pay since April and see it doesn't equal the 85% reduced salary, or will they just be satisfied it is above the £18,600 threshold?

I also have my employment contract from January 2019 (listing my 100% salary), and a letter sent to me by HR in April stating my salary is being reduced by 15% due to COVID-19. I also have my P60 from April, covering the previous year. Is this enough?

Thanks for any help.
If you have earned sufficiently during October 2019 - March 2020 (pre-lockdown) then it will be accepted.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

EveryByway
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Re: Employer letter and furlough

Post by EveryByway » Thu Jul 23, 2020 8:40 pm

seagul wrote:
Thu Jul 23, 2020 8:12 pm
If you have earned sufficiently during October 2019 - March 2020 (pre-lockdown) then it will be accepted.
Do I need to prove my October - March income, if whilst on furlough I am still far above the minimum threshold? I am relying on the last 6 months' income, and even on furlough each payslip is above the £18,600 annual threshold.

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Re: Employer letter and furlough

Post by seagul » Thu Jul 23, 2020 8:53 pm

EveryByway wrote:
Thu Jul 23, 2020 8:40 pm
seagul wrote:
Thu Jul 23, 2020 8:12 pm
If you have earned sufficiently during October 2019 - March 2020 (pre-lockdown) then it will be accepted.
Do I need to prove my October - March income, if whilst on furlough I am still far above the minimum threshold? I am relying on the last 6 months' income, and even on furlough each payslip is above the £18,600 annual threshold.
You have both options either to use the income from the last 6 months till the date of application or from October-March. Your furlough income will be considered 100%. Read about such temporary relaxations at below:

https://www.gov.uk/guidance/coronavirus ... -residents
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Re: Employer letter and furlough

Post by EveryByway » Thu Jul 23, 2020 9:02 pm

seagul wrote:
Thu Jul 23, 2020 8:53 pm

You have both options either to use the income from the last 6 months till the date of application or from October-March. Your furlough income will be considered 100%. Read about such temporary relaxations at below:

https://www.gov.uk/guidance/coronavirus ... -residents
Thanks. I will stick with the previous 6 months, as it's simpler and the employer letter has already been written. Even though my pay changes quite a bit over the 6 months, as long as each payment is above the minimum £18,600 threshold, do you think I'll be okay?

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Re: Employer letter and furlough

Post by seagul » Thu Jul 23, 2020 9:21 pm

EveryByway wrote:
Thu Jul 23, 2020 9:02 pm
seagul wrote:
Thu Jul 23, 2020 8:53 pm

You have both options either to use the income from the last 6 months till the date of application or from October-March. Your furlough income will be considered 100%. Read about such temporary relaxations at below:

https://www.gov.uk/guidance/coronavirus ... -residents
Thanks. I will stick with the previous 6 months, as it's simpler and the employer letter has already been written. Even though my pay changes quite a bit over the 6 months, as long as each payment is above the minimum £18,600 threshold, do you think I'll be okay?
Yes
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Re: Employer letter and furlough

Post by EveryByway » Fri Jul 24, 2020 6:26 am

seagul wrote:
Thu Jul 23, 2020 9:21 pm
Yes
Great, thank you.

One other question I have relates to 3C. Given the current delays, my wife will apply for her visa in-time but the decision will be made after her current visa expires.

If this visa application is refused, are we able to make a new application within 14 days (rather than appeal)? Does she continue right to work etc? Or would it be better for her to return to her home country and make a new application from there?

Thank you.

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Re: Employer letter and furlough

Post by geoeng » Fri Jul 24, 2020 7:57 am

EveryByway wrote:
Fri Jul 24, 2020 6:26 am
If this visa application is refused, are we able to make a new application within 14 days (rather than appeal)? Does she continue right to work etc? Or would it be better for her to return to her home country and make a new application from there?
I don't believe Section 3C leave would be extended if you made a new application after the initial application were refused. It would be extended if you submitted an in-time appeal or administrative review and she would continue to have the right to work.
While the person’s leave is extended by section 3C they cannot make a new application for variation of leave. This is because Section 3C (4) states:
‘A person may not make an application for variation of his leave to enter or remain in
the United Kingdom while that leave is extended by this section.”
Please see page 9 and Example 1 on page 16 of the guidance document linked below for details. If you meet the requirements for the visa extension and can provide all the necessary supporting documents, there's no reason for it to be refused and in the small chance it is, it should be fairly easy to resolve with an appeal or administrative review unless you made some pretty serious mistakes.

https://assets.publishing.service.gov.u ... 9.0ext.pdf
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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Re: Employer letter and furlough

Post by seagul » Fri Jul 24, 2020 11:10 am

EveryByway wrote:
Fri Jul 24, 2020 6:26 am


If this visa application is refused, are we able to make a new application within 14 days (rather than appeal)? Does she continue right to work etc? Or would it be better for her to return to her home country and make a new application from there?

Thank you.
Why you think that the visa will be refused since you are earning sufficiently.
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Bank statements missing one day?

Post by EveryByway » Fri Jul 24, 2020 12:21 pm

Hi all,

I'm freaking out a bit... I'm applying for my spouse's FLR(M) visa tomorrow, just getting the final documents ready, and...

There is one day missing from my last 6 months' bank statements.

The bank statements are automatically generated by my bank (Santander) each month. I printed them off and took them to the bank, where they were stamped. However, looking at the dates on them just as I finalise all my documents, it's as follows:

1. 24th January - 24th February
2. 25th February - 23rd March
3. 24th March - 23rd April
4. 24th April - 23rd May
5. 25th May - 22nd June
6. 23rd June - 23rd July

As you can see... there is one day missing! 24th May. This mistake was caused by the bank, these are my official automatic bank statements that are generated every month on my account. I didn't order them for specific dates, these are the monthly bank statements.

Will this be an issue!? I note that 24th May is a Sunday, does this have anything to do with it? No transactions happened on that day, and the amount is the same from the end of bank statement 4 and the beginning of bank statement 5.

Help please!

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Re: Bank statements missing one day?

Post by seagul » Fri Jul 24, 2020 12:26 pm

EveryByway wrote:
Fri Jul 24, 2020 12:21 pm
Hi all,

I'm freaking out a bit... I'm applying for my spouse's FLR(M) visa tomorrow, just getting the final documents ready, and...

There is one day missing from my last 6 months' bank statements.

The bank statements are automatically generated by my bank (Santander) each month. I printed them off and took them to the bank, where they were stamped. However, looking at the dates on them just as I finalise all my documents, it's as follows:

1. 24th January - 24th February
2. 25th February - 23rd March
3. 24th March - 23rd April
4. 24th April - 23rd May
5. 25th May - 22nd June
6. 23rd June - 23rd July

As you can see... there is one day missing! 24th May. This mistake was caused by the bank, these are my official automatic bank statements that are generated every month on my account. I didn't order them for specific dates, these are the monthly bank statements.

Will this be an issue!? I note that 24th May is a Sunday, does this have anything to do with it? No transactions happened on that day, and the amount is the same from the end of bank statement 4 and the beginning of bank statement 5.

Help please!
As a precaution order/ask them a replacement bank statement from 24th May. Unlike other banks santander's in branch system even goes back to last 12 months.
Last edited by seagul on Fri Jul 24, 2020 12:27 pm, edited 1 time in total.
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