It's been a while since I last visited this forum but I am sure someone would definitely help me.
Before I get on with my queries and what form she would need for her "Leave to Remain" I would like to summarize our Immigration History:
I was on HSMP/Tier-1 (PBS) from 2007 and my ILR was due in July 2012. My wife joined me in April 2011 as dependent of Tier-1 (Tier-1 Partner visa). Her visa was also expiring in July 2012. I applied for ILR in July 2012 and included my wife in the same application (at that time she completed 15 months in UK). My ILR was approved in Jan 2013 but my wife's application for ILR was rejected on the basis of 319E(d) which states "applicant and Relevant PBS migrant must be living in UK in a marriage/civil Partnership for at least 2 years if applicant was granted leave before July 2012". We were not aware of this 2-year rule at that time.
She was asked either to leave UK and re-apply or appeal against the decision. We didn't make any appeal and she went back home to re-apply. She left UK in last week of Feb 2013 (after staying with me in UK for 22 months).
She applied Spouse visa of a person settled in UK from her Home country in Feb 2013. She was granted "Spouse Visa" in May 2013 with a validity up until 23 Feb 2016. She came back to UK on 14th June 2013.
In Feb 2014 I applied for Citizenship and got my British passport in May 2014. So I am now a British Citizen.
My queries:
- She was initially granted entry clearance from her home country as spouse of settled person (I was on ILR) for 33 months. That visa is going to expire on 23/02/16. So for a 5-year route she would need an extension of further 27 months. Which form she would use? I think it is FLR(M) but would like to confirm
- If it is FLR(M) and we want to apply in person then what would be the total fee just for herself (no dependent) - would it be 649+400=£1049
- The NHS IHS Surcharge - do we have to pay before we visit a PEO in person or can we pay it there as well? I went through PEO appointment booking and during the process it took me to IHS website asking to pay £500 upfront so it appears we must pay before appointment? can someone confirm please?
- Section 2 of FLR(M) form:
2.2 - Is this the first time you have applied for a visa or extension of stay in one of the above categories (including previous leave granted as a fiancé(e) or proposed civil partner) with your current sponsor?
This should be "No" isn't it because she applied for entry clearance as spouse of settled person?
2.3 is a bit confusing but I think it would be this one:
First period of leave to remain (following an initial period of entry clearance as a partner of a settled person, or following an initial period of entry clearance as a fiancé(e) or proposed civil partner of a settled person - 6 months)
Section 7A - Financial Requirement
- Do we have to meet the Financial requirement of Section 7A or we just need to show 7B Maintenance?
10.11 - How long you have lived in UK? would that be when she came back after Entry clearance in June 2013 or would it be when she first entered UK in April 2011?
As part of proving relationship:
- Bank Statements (joint) for few months 2013, 2014, 2015
- Council Tax statement 2014, 2015
- Water Bill 2013, 2014, 2015
On the top of above I will have my bank statements (Salary proof), Pay Slips, P60 and Company letter, Tenancy agreement on my name.
Would above be OK to prove our relationship or do I need to add more.
Please do let me know if someone has recently been through a similar application and if there are any considerations. Thanks
