FLR(M) - Canadian Wife renewing at 2.5 year mark

[himherandme]

Hi all,

My (Canadian) wife applied for her spouse visa and received it in late Nov 2012, activated at East Mids airport 20th Dec 2012. We understand the visa was valid for 30 months (2 years and 6 months). Based on these dates:
1). When should we apply for the FLR(M)?

In June 2013 our son was born (here in England), registered with my surname (I'm English born, English parents) and he is a UK citizen with a UK passport and NHS number. Based on this info:
2). In question 7.2 about financial requirements - is my wife applying with no child dependents? He would be seen as my dependent, not hers? I.e. Is it how many children we have together no matter what circumstances or only if she was applying for a visa for him too, which she of course is not?

I ask because my income from work for 13/14 was 21,000 before tax on my tax return. My 14/15 will probably be over 22,400 needed for 1 child dependent but I wouldn't be able to do my tax return until after April 6th to know and I'm unsure when we need to apply for this FLR(M).

After the huge stress of getting a mortgage and government help to buy for buying our first house, I'm just starting to remember how much stress was involved in getting her visa the first time and starting to get a knot in my stomach about the renewal!! Surely it shouldn't be this hard for people who've been together over 10 years, married for nearly 5 years and have a son together?! Oh well, all worth it for love...

Thanks for any help you can give

[CR001]

You only need to show income of £18,600. The dependent child scenario is if they are also on a visa status, i.e. not British.

She should apply for her renewal shortly before her current visa expires, either in person or via post.

[himherandme]

Thanks for your (very quick) reply. That's certainly good news on the financial side of things.

When you say shortly before do you mean 1 month before, 2 months before? I don't know exactly when it expires, is it from activation date? I also don't know their turnaround time (slow I imagine from news articles on the UKBA performance) and the concern is that it would expire while we wait.

Finally, am I right in assuming the FLR(M) is the only next move? There is no way to apply for indefinite leave to remain at this point?

Many thanks

[Wanderer]

Thanks for your (very quick) reply. That's certainly good news on the financial side of things.

When you say shortly before do you mean 1 month before, 2 months before? I don't know exactly when it expires, is it from activation date? I also don't know their turnaround time (slow I imagine from news articles on the UKBA performance) and the concern is that it would expire while we wait.

Finally, am I right in assuming the FLR(M) is the only next move? There is no way to apply for indefinite leave to remain at this point?

Many thanks

You're on the five year route I'm afraid, the rules changed in July 2012.

If it expires while UKVI are dealing with it, which it will, you are protected under Section 3C, which means the old visa effectively continues until the decision is reached on the new.

[himherandme]

You only need to show income of £18,600. The dependent child scenario is if they are also on a visa status, i.e. not British.

Are you 100% sure on the dependent child thing? I've just read this article on the bbc posted today about a family seemingly similar to ours: http://www.bbc.co.uk/news/uk-england-cornwall-30439592
It doesn't say if they're renewing or applying for the first time or if the child was born here/citizen here but it just worries me, as I'm sure you understand.

Many thanks

[CR001]

Page 27 of the inform under section 'Calculating the Relevant Income Threshold', the first bullet point :

https://www.gov.uk/government/uploads/s ... _11-14.pdf

[himherandme]

Page 27 of the inform under section 'Calculating the Relevant Income Threshold', the first bullet point :

https://www.gov.uk/government/uploads/s ... _11-14.pdf

There it is, in black and white, right above the section I was looking at and yet I didn't see it. Hopeless! Thanks CR001, I appreciate your time and answer.

[CR001]

Anytime and most of us have gotten so confused that we miss the obvious.

Shout if you have any further queries