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2 year route but application says 5 year route?

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camiedoos
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2 year route but application says 5 year route?

Post by camiedoos » Fri May 19, 2017 9:06 pm

Hello,
I have a quick question about the new online application for the Spouse Visa.
I am a Canadian citizen and have been with my British partner for two years and we got engaged a while ago.
We are planning to get married next month (just before my visa expires), so I can apply for the Spouse Visa. I understand I am still allowed to apply for the visa even if we aren't married but we haven't lived together for two years straight...so getting married was our only option (we wanted to wait and take our time...)

So my question is, when I started to fill in the online form for the 2 year route application, it says 5 year route... I know they are both in the same category (I think?) but it doesn't say anything about the 2 year route and I'm worried I'm filling out the wrong one.

Also, we have been together for two years, and we've been engaged for half of it. We are now just getting married (just before I send my application), but when I state that we are married in the application form (we will be by the time I send this application) it still asks me for "items of correspondence" for the last two years... should I just ignore this, and send them as many letters and proof of addresses as possible?
I've called Home Office so many times but they are of no help...

Thank you very much for taking the time in reading this!

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Re: 2 year route but application says 5 year route?

Post by Wanderer » Fri May 19, 2017 9:23 pm

2 year spouse visa route (actually including a year on ILR) ended in 2012 I think, now it's 5 years, 2x2.5 year visas so you get to pay twice! Then a year on ILR
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Re: 2 year route but application says 5 year route?

Post by Casa » Sat May 20, 2017 9:55 am

Are you aware that as a foreign national you can only register your intent to marry with a Home Office designated Registry Office? The Registrar is then legally bound to notify the HO who can then extend the standard 28 day notification period to 70 days in order to interview you both should they choose to do so before the wedding can take place. Not all couples are interviewed.

Why have you left it so close to your visa expiry date before marrying?

What category of visa do you currently hold. :?:

The 2 years of proof of co-habitation isn't relevant to the first application for FLR(M) when switching from a previous visa category. You will however be expected to provide evidence of a genuine relationship.

I assume that you meet the minimum income level of £18,600?

I'm unsure what you mean by this:
"I understand I am still allowed to apply for the visa even if we aren't married but we haven't lived together for two years straight"

You won't be able to submit a FLR(M) application until the marriage has taken place. :idea:

Note that in addition to the visa fee you will also have to pay the £500 IHS surcharge
(Casa, not CR001)
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: 2 year route but application says 5 year route?

Post by camiedoos » Sat May 20, 2017 2:34 pm

Casa wrote:Are you aware that as a foreign national you can only register your intent to marry with a Home Office designated Registry Office? The Registrar is then legally bound to notify the HO who can then extend the standard 28 day notification period to 70 days in order to interview you both should they choose to do so before the wedding can take place. Not all couples are interviewed.

Why have you left it so close to your visa expiry date before marrying?

What category of visa do you currently hold. :?:

The 2 years of proof of co-habitation isn't relevant to the first application for FLR(M) when switching from a previous visa category. You will however be expected to provide evidence of a genuine relationship.

I assume that you meet the minimum income level of £18,600?

I'm unsure what you mean by this:
"I understand I am still allowed to apply for the visa even if we aren't married but we haven't lived together for two years straight"

Here, I meant to say that I qualify for the visa, but as fiances, I thought it requires us to be living together for two years. Is that not the case?

You won't be able to submit a FLR(M) application until the marriage has taken place. :idea:

Note that in addition to the visa fee you will also have to pay the £500 IHS surcharge

Hey Casa, thanks for the reply.
The reason we had left it so late (we didn't mean to) was because we thought we could apply as fiances. We wanted to take our time with our marriage.
I understand about the 28+70 days (since I fall under the immigration control) but we are going to Gibraltar (which was our only option) to get married quicker.
We really wanted to wait until the end of the year, but I have talked to Home Office and they said being fiances falls under the unmarried partner route, which means we would have to have been living together for two years (and to prove it).

Either that, or we would have to be married.

We do have over £18,600.

When you say "The 2 years of proof of co-habitation isn't relevant to the first application for FLR(M) when switching from a previous visa category. You will however be expected to provide evidence of a genuine relationship. " Does that mean that I could apply as a fiance, even though we haven't lived together for two years? This is my first application for FLR(M), and I am currently here in the UK with a tier 5 Youth Mobility Scheme Visa.

Sorry if this is silly question, but does the Spouse Visa fall under the FLR(M)? I keep hearing people say, 'family visa', 'spouse visa', 'FLR(M) ... it just gets me so confused...

Thank you very much for your reply!

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Re: 2 year route but application says 5 year route?

Post by camiedoos » Sat May 20, 2017 2:36 pm

Wanderer wrote:2 year spouse visa route (actually including a year on ILR) ended in 2012 I think, now it's 5 years, 2x2.5 year visas so you get to pay twice! Then a year on ILR
That's strange, because it still says 2 year route on their government website...
Well, it says 2 and 5 year routes are in the same category now, but would that mean I would ave to pay double? :(

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Re: 2 year route but application says 5 year route?

Post by Casa » Sat May 20, 2017 2:44 pm

camiedoos wrote:
Casa wrote:Are you aware that as a foreign national you can only register your intent to marry with a Home Office designated Registry Office? The Registrar is then legally bound to notify the HO who can then extend the standard 28 day notification period to 70 days in order to interview you both should they choose to do so before the wedding can take place. Not all couples are interviewed.

Why have you left it so close to your visa expiry date before marrying?

What category of visa do you currently hold. :?:

The 2 years of proof of co-habitation isn't relevant to the first application for FLR(M) when switching from a previous visa category. You will however be expected to provide evidence of a genuine relationship.

I assume that you meet the minimum income level of £18,600?

I'm unsure what you mean by this:
"I understand I am still allowed to apply for the visa even if we aren't married but we haven't lived together for two years straight"

Here, I meant to say that I qualify for the visa, but as fiances, I thought it requires us to be living together for two years. Is that not the case?

You won't be able to submit a FLR(M) application until the marriage has taken place. :idea:

Note that in addition to the visa fee you will also have to pay the £500 IHS surcharge

Hey Casa, thanks for the reply.
The reason we had left it so late (we didn't mean to) was because we thought we could apply as fiances. We wanted to take our time with our marriage.
I understand about the 28+70 days (since I fall under the immigration control) but we are going to Gibraltar (which was our only option) to get married quicker.
We really wanted to wait until the end of the year, but I have talked to Home Office and they said being fiances falls under the unmarried partner route, which means we would have to have been living together for two years (and to prove it). Correct.

Either that, or we would have to be married. Correct

We do have over £18,600.

When you say "The 2 years of proof of co-habitation isn't relevant to the first application for FLR(M) when switching from a previous visa category. You will however be expected to provide evidence of a genuine relationship. " Does that mean that I could apply as a fiance, even though we haven't lived together for two years? This is my first application for FLR(M), and I am currently here in the UK with a tier 5 Youth Mobility Scheme Visa. No. It simply means that if this is your first application for FLR(M) you won't be expected to provided evidence of co-habitation prior to the marriage, only evidence that you are living together at the time of submitting the application and that this is a genuine relationship.

Sorry if this is silly question, but does the Spouse Visa fall under the FLR(M)? I keep hearing people say, 'family visa', 'spouse visa', 'FLR(M) ... it just gets me so confused...
If you are switching from an unexpired Tier 5 visa, FLR(M) is the correct application. If you apply after your current visa has expired, you will have to leave the UK and submit a Spouse Settlement visa from the home country.

Thank you very much for your reply!
(Casa, not CR001)
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: 2 year route but application says 5 year route?

Post by CR001 » Sat May 20, 2017 2:46 pm

camiedoos wrote:
Wanderer wrote:2 year spouse visa route (actually including a year on ILR) ended in 2012 I think, now it's 5 years, 2x2.5 year visas so you get to pay twice! Then a year on ILR
That's strange, because it still says 2 year route on their government website...
Well, it says 2 and 5 year routes are in the same category now, but would that mean I would ave to pay double? :(
Because some people that are on the old 2 year route are allowed to keep extending their visas if they choose to if they do not meet the requirements for ILR or travel extensively and will always fall under the 2 year per 9 July 2012 rules (i.e. no financial requirement).

The fee is £1464 PLUS £500 for the immigration health surcharge for the first FLR(M) 2.5 year visa. You have to pay again when you extend for a further 2.5 years. And then again for ILR.

FLR(M) is a spouse visa or an unmarried partner visa. They both come under the Settlement Visa category.

You cannot apply for a fiance visa within the UK. You cannot apply for an unmarried partner visa if you do not have rock solid proof of living together in a relationship akin to marriage for a minimum of 2 years.

When does your Tier 5 expire and what date do you plan on marrying and then re-entering the UK?
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camiedoos
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Re: 2 year route but application says 5 year route?

Post by camiedoos » Sat May 20, 2017 3:13 pm

Casa wrote:
camiedoos wrote:
Casa wrote:Are you aware that as a foreign national you can only register your intent to marry with a Home Office designated Registry Office? The Registrar is then legally bound to notify the HO who can then extend the standard 28 day notification period to 70 days in order to interview you both should they choose to do so before the wedding can take place. Not all couples are interviewed.

Why have you left it so close to your visa expiry date before marrying?

What category of visa do you currently hold. :?:

The 2 years of proof of co-habitation isn't relevant to the first application for FLR(M) when switching from a previous visa category. You will however be expected to provide evidence of a genuine relationship.

I assume that you meet the minimum income level of £18,600?

I'm unsure what you mean by this:
"I understand I am still allowed to apply for the visa even if we aren't married but we haven't lived together for two years straight"

Here, I meant to say that I qualify for the visa, but as fiances, I thought it requires us to be living together for two years. Is that not the case?

You won't be able to submit a FLR(M) application until the marriage has taken place. :idea:

Note that in addition to the visa fee you will also have to pay the £500 IHS surcharge

Hey Casa, thanks for the reply.
The reason we had left it so late (we didn't mean to) was because we thought we could apply as fiances. We wanted to take our time with our marriage.
I understand about the 28+70 days (since I fall under the immigration control) but we are going to Gibraltar (which was our only option) to get married quicker.
We really wanted to wait until the end of the year, but I have talked to Home Office and they said being fiances falls under the unmarried partner route, which means we would have to have been living together for two years (and to prove it). Correct.

Either that, or we would have to be married. Correct

We do have over £18,600.

When you say "The 2 years of proof of co-habitation isn't relevant to the first application for FLR(M) when switching from a previous visa category. You will however be expected to provide evidence of a genuine relationship. " Does that mean that I could apply as a fiance, even though we haven't lived together for two years? This is my first application for FLR(M), and I am currently here in the UK with a tier 5 Youth Mobility Scheme Visa. No. It simply means that if this is your first application for FLR(M) you won't be expected to provided evidence of co-habitation prior to the marriage, only evidence that you are living together at the time of submitting the application and that this is a genuine relationship.

Sorry if this is silly question, but does the Spouse Visa fall under the FLR(M)? I keep hearing people say, 'family visa', 'spouse visa', 'FLR(M) ... it just gets me so confused...
If you are switching from an unexpired Tier 5 visa, FLR(M) is the correct application. If you apply after your current visa has expired, you will have to leave the UK and submit a Spouse Settlement visa from the home country.

Thank you very much for your reply!
I'm sorry, I'm really new to this, so I don't know how to quote and add my questions in the sentences...

So to clarify, if I were to apply as a fiance = need proof that we have been living together for two years.
If I were to apply as a married partner = I need proof that our marriage is a genuine relationship.
Is that correct?

My visa hasn't expired yet, so that's good...

And also, when I apply for my application online, does it give me the option to pay for both the visa and the Health Surcharge? Or do I have to send the surcharge in a different way?

thank you very much for helping me.

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Re: 2 year route but application says 5 year route?

Post by Casa » Sat May 20, 2017 3:19 pm

A fiance visa application can only be submitted from outside of the UK. This is relevant to someone who wants to enter the UK to marry and then apply for a spouse settlement visa within 6 months, also on form FLR(M). A fiance visa isn't an unmarried partner visa, which required 2 years of co-habitation.

You are applying to switch from your Tier 5 to a spouse visa (once married) on form FLR(M). Submit evidence of a genuine relationship.

You will pay for the IHS surcharge online and include the reference number on your FLR(M) application.
(Casa, not CR001)
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.

camiedoos
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Re: 2 year route but application says 5 year route?

Post by camiedoos » Sat May 20, 2017 3:21 pm

CR001 wrote:
camiedoos wrote:
Wanderer wrote:2 year spouse visa route (actually including a year on ILR) ended in 2012 I think, now it's 5 years, 2x2.5 year visas so you get to pay twice! Then a year on ILR
That's strange, because it still says 2 year route on their government website...
Well, it says 2 and 5 year routes are in the same category now, but would that mean I would ave to pay double? :(
Because some people that are on the old 2 year route are allowed to keep extending their visas if they choose to if they do not meet the requirements for ILR or travel extensively and will always fall under the 2 year per 9 July 2012 rules (i.e. no financial requirement).

The fee is £1464 PLUS £500 for the immigration health surcharge for the first FLR(M) 2.5 year visa. You have to pay again when you extend for a further 2.5 years. And then again for ILR.

FLR(M) is a spouse visa or an unmarried partner visa. They both come under the Settlement Visa category.

You cannot apply for a fiance visa within the UK. You cannot apply for an unmarried partner visa if you do not have rock solid proof of living together in a relationship akin to marriage for a minimum of 2 years.

When does your Tier 5 expire and what date do you plan on marrying and then re-entering the UK?
Thank you for your reply.

But I'm a bit confused; why do they say it costs £993 on the government site, and they don't warn you about the price of the 5 year route? I can't find it anywhere...

This is my first time applying for a FLR(M), so the only route I can choose is the 5 year route, correct? And I would have to pay £1464 plus £500?

I was really hoping for 2.5 years...It's ridiculous that I can't choose the 2 year route...

My YMS visa expires at the end of June.

Thanks again for the advice, I really need to think this over now and see if it's even worth it.

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Re: 2 year route but application says 5 year route?

Post by camiedoos » Sat May 20, 2017 3:23 pm

Casa wrote:A fiance visa application can only be submitted from outside of the UK.

You are applying to switch from your Tier 5 to a spouse visa (once married) on form FLR(M).

You will pay for the IHS surcharge online and include the reference number on your FLR(M) application.

and I believe I have to pay for the surcharge BEFORE I pay and send the application?

Thank you.

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Re: 2 year route but application says 5 year route?

Post by Casa » Sat May 20, 2017 3:30 pm

A spouse or fiance visa application submitted from outside of the UK is £1464 + £600 IHS surcharge for the spouse visa only

A FLR(M) application submitted within the UK is £993 (postal) + £500 IHS surcharge. If submitted in person at a PSC the fee would be £1583 + £500 IHS surcharge.

There is no option for a 2 year visa. It will be two FLR(M) applications 2.5 x 2.5 (5 years).
(Casa, not CR001)
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: 2 year route but application says 5 year route?

Post by Casa » Sat May 20, 2017 3:33 pm

camiedoos wrote:
Casa wrote:A fiance visa application can only be submitted from outside of the UK.

You are applying to switch from your Tier 5 to a spouse visa (once married) on form FLR(M).

You will pay for the IHS surcharge online and include the reference number on your FLR(M) application.

and I believe I have to pay for the surcharge BEFORE I pay and send the application?

Thank you.
Yes
(Casa, not CR001)
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: 2 year route but application says 5 year route?

Post by bluebird12 » Sat May 20, 2017 3:44 pm

Correct , Immigration Surcharge must be paid before in order to get IHS reference no to write or fill in application online.

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Re: 2 year route but application says 5 year route?

Post by bluebird12 » Sat May 20, 2017 3:52 pm

Another thing earlier you apply for LTR , the better it is because in Conservative party Manifesto they have mentioned NHS Surcharge will rise to £600 ( I assume per pear ) so in that case for 2.5 years leave it will be total £1500

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Re: 2 year route but application says 5 year route?

Post by camiedoos » Sat May 20, 2017 3:58 pm

bluebird12 wrote:Another thing earlier you apply for LTR , the better it is because in Conservative party Manifesto they have mentioned NHS Surcharge will rise to £600 ( I assume per pear ) so in that case for 2.5 years leave it will be total £1500
So right now it would be £500 for the 2.5, correct? Are they changing that next month?
I'm applying for the first time for the FLR(M), and I just found out on this thread that I have to pay £1494 plus £500 (for 2.5 years).

Can I pay for the health surcharge now, even though I will be applying for the application by the end of the year?

Thank you very much.

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Re: 2 year route but application says 5 year route?

Post by camiedoos » Sat May 20, 2017 4:01 pm

Casa wrote:A spouse or fiance visa application submitted from outside of the UK is £1464 + £600 IHS surcharge for the spouse visa only

A FLR(M) application submitted within the UK is £993 (postal) + £500 IHS surcharge. If submitted in person at a PSC the fee would be £1583 + £500 IHS surcharge.

There is no option for a 2 year visa. It will be two FLR(M) applications 2.5 x 2.5 (5 years).

I am applying from INSIDE the UK. So it isn't £1464 is it?
It should be £993 + £500 for the 5 year route?

Thank you.

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Re: 2 year route but application says 5 year route?

Post by Casa » Sat May 20, 2017 4:28 pm

Casa wrote:A spouse or fiance visa application submitted from outside of the UK is £1464 + £600 IHS surcharge for the spouse visa only

A FLR(M) application submitted within the UK is £993 (postal) + £500 IHS surcharge. If submitted in person at a PSC the fee would be £1583 + £500 IHS surcharge.

There is no option for a 2 year visa. It will be two FLR(M) applications 2.5 x 2.5 (5 years).
Didn't you read my previous post clarifying the visa fees? :idea:

You do understand that under the 5 year route these visa fees will be paid twice...and then further fees for ILR (permanent residence) ? You will have to meet all the same conditions (income etc) when applying for the 2nd FLR(M) extension and for ILR
(Casa, not CR001)
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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