INDEFINATE LEAVE TO REMAIN OR SPOUSAL VISA EXTENSION ?

[Annie15]

I am a little bit confused with the situation I am in. I am not sure if I am qualified to apply for the Indefinate Leave to Remain or am I only able to apply for my Spousal Visa Extension ?

Please find below – details of my being here in the UK :
1) I have stayed in the UK for more than 5 years now :

a. I have arrived the UK on the 10/10/2010 with UK Entry Clearance as Overseas Business Representative with a country of my origin who has a sister company in the UK that was then dormant.
- The Entry Clearance is valid from 25/8/2010 to 25/8/2013.

b. I then married my bf who is English (whom I live with since I moved to UK. We got married on 28/7/2012.

c. After that, I obtained a Residence Permit with the below details :
- Place and Date of Issue : UK 29/8/2013
- Valid until : 1/3/2016
- Type of Permit : Spouse / Partner Leave to Remain
- Remarks : Work Permitted

2) Some of my questions are :
a. It is time for me to get my visa worked on. I am confused though if I can apply for Indefinate Leave to Remain or do I just apply for an extension of my Spousal Visa ?
b. I have taken my Life in the UK test when I applied for my Spousal Visa. Do I still need to sit for the rest in this new application ?
c. I have an IETLS certificate (I passed) that was issued in 2010. Can this cert still be used today in 2016 ?
d. Please can someone advice me on the processes involved in the situation I am in ?
e. Also, my visa is Expiring on the 1st March 2016 - about 1 month away. Please may I be adviced - when is the last date I need to send my application ?

Would really hope for kind advices.

Thank you.

[CR001]

a. You do not qualify for ILR. You will need to apply for a spouse visa extension for another 2.5 years on form FLR(M) before you can apply for ILR. You need 5 years residence in your current visa category before eligible for ILR.

b. No, Life in the UK test certificate does not expire. Not needed for spouse visa extension. Only needed when you qualify and apply for ILR.

c. Not sure, HO changed things last year. There is an FAQs on the English language requirement at the top of the page.

d. FLR(M) is your only option. If you apply for ILR, it will be refused as you do not meet the residence requirements in the spouse visa category.

e. No sooner than 28 days before 1st March. You can apply either in person for a same day decision or by post to save £400 on the in person appointment charge.

You will also have to pay the immigration health surcharge of £500 before you can submit your FLR(M) application. This surcharge is over and above the visa application fee of £649 postal or £1049 in person.

[Annie15]

Hi, thank you for kind advices. Please could you advice the following :

1) You have mentioned I need to pay the immigration health surcharge of £500 before I can submit my FLR(M).
What is this for ? I do not work now - does this still apply to me ? When I used to work, I did pay my taxes and also National Insurance. My husband does the same too and he is employed.

2) The solicitor that I have worked with for my Spousal Visa says the below when I mail him. He says that I am able to apply for the Indefinate Leave to Remain but I am quite unsure about it. Do you see it to be possible at all ? Or probably he doesn't know what he is talking about ?

# On your application you must already know that the rules are becoming ever more stricter and the Home Office finds all kinds of excuses these days to make this procedure more complicated. It is complex, but given the details we know of your matter, you appear to qualify not just for an extension but indefinite leave to remain.You will need to update the KOLL (knowledge and life in UK test)so best to start registration on these now.The Home Office fees, for the application have also considerably increased for all types of applications, and it is £1500.Application must be made at least 30 days before current visa expiry.So it is important to ensure that the procedure is completed properly. It normally takes HO 8-12 weeks to decide application. #

[CR001]

1. You have to pay it and you will not be able to submit your application if you do not pay as you need the reference number for your FLR(M) form. Unless you are from Australia or New Zealand then you are exempt. Not working or being in employment or previously working and paying taxes has nothing to do with the immigration health surcharge which was introduced in April 2015.

2. Your solicitor is wrong. Why does he think you can apply for ILR? Have you asked him why he says this? You applied for a spouse visa AFTER the rules changed in July 2012 where spouse of British citizens now require 5 years residence in the relevant spouse visa category before qualifying for ILR. Before July 2012, the requirement was only 2 years. You cannot combine your different visas to make up the 5 year requirement for ILR as spouse of British citizen.

[Casa]

Neither must an application be made 30 days before the expiry date of the current visa. But as CR001 has correctly pointed out, you don't qualify yet for ILR.

[Annie15]

Thank you so so very much again for kind advices. They have been very helpful to me.

Some other queries :

1) Is it safe to use the postal application (I understand there is appx 3 months wait for result to be obtained) ?

2) There result of the postal application and the fast speed application will be the same, yes ?

3) I am planning to either apply on my own or use the service of a service provider for this application. Any thoughts on what are the costs the service provider will charge, etc ?

4) CR001 - I am new to this site and not familiar with many things. I am very impressed with your knowledge. Are you a service provider, etc ? If yes, what are your charges like ?

5) I would like to visit the Home Office to have a list of document, forms, and guidance for the application (if I choose to apply on my own) - do they have an address and contact details I can get intouch with ?

I thank you again and in advance for your kind reply.

[CR001]

1. Yes, you can use special delivery. Applications by post can take longer than 3 months, so be prepared to wait.

2. Not sure what you mean by 'fast speed application'? Unless you mean 'in person' application. The application is assessed on the form and documents submitted, the outcome would be the same regardless of how you applied.

3. It is not a difficult application. My personal opinion is that a 'service provider' or 'visa agent/advisor' is not required for the ridiculous sums they charge just to complete a form. Using a 'service provider' has no positive impact on your application. You would need to search the OISC register for an immigration advisor and contact them directly for costs on their charges. We of course can help you free of charge on the forum. The choice is yours.

4. No, I am not an service provider. Only help for free on the forum.

5. You cannot 'visit HO'. The information you need is freely available online. HO call centre is renowned for giving out incorrect advice and taking no responsibility for doing so. The FLR(M) form and guidance notes provides what you need and you are free to ask any questions on the forum.

[Casa]

You are clear now that you should apply for FLR(M)?

https://www.gov.uk/remain-in-uk-family/apply

https://www.gov.uk/government/uploads/s ... _11-15.pdf

[Annie15]

CR001, CASA, thank you again for very kind and helpful replies.

1) I understand I have to work with Form titled FLR M. Thank you for the guide on this. I have saved them and will be viewing them this week.

2) Also, my first coming to the UK, though I have an Entry Clearance - it is under the Sole Representative clearance. Does this in any way assist in my applying for an Indefinate Leave to Remain or I still have to work with renewal of my Spousal Visa ?

3) Sad though that I am not able to combine the years I have been in the UK for my working ..

In all cases, thank you so much for this site. I find it so very helpful and it is so helpful and selfless of you to provide kind advices to people in distress (with full of questions) on here. It is a noble thing you are doing - thank you again.

[CR001]

1. Great and post if you have any further questions once you have been through them.

2. No, you cannot combine the two different visa categories to make up 5 years for ILR. You have to have 5 years in ONE visa category to qualify for ILR. It is only possible to combine different visa categories for ILR based on 10 years long residence, a route you are not close to either. Your only option is to extend your spouse visa.

3. Those are the rules unfortunately.

[Annie15]

Hi, I am reading through the FLR (M) for now as we speak. Would appreciate kind advices on the below regards :

1) In the https://www.gov.uk/healthcare-immigrati ... eed-to-pay, it states :
When you don’t have to pay or get an IHS reference number :
- you’re a family member of a European national with European Union treaty rights
* my husband is English. He was born in the UK and have stayed here for always.
* Not sure if the above applies to my case ?

2) I have a friend who is also applying for the extension of her Spousal Visa. She is currently undergoing cancer treatment and has an NHS Medical Exemption Certificate that expires in 2018. In the situation that she is in, does she also have to pay for the IHS ?

[Casa]

Hi, I am reading through the FLR (M) for now as we speak. Would appreciate kind advices on the below regards :

1) In the https://www.gov.uk/healthcare-immigrati ... eed-to-pay, it states :
When you don’t have to pay or get an IHS reference number :
- you’re a family member of a European national with European Union treaty rights
* my husband is English. He was born in the UK and have stayed here for always.
* Not sure if the above applies to my case ?

2) I have a friend who is also applying for the extension of her Spousal Visa. She is currently undergoing cancer treatment and has an NHS Medical Exemption Certificate that expires in 2018. In the situation that she is in, does she also have to pay for the IHS ?

1. For immigration purposes your husband is considered to be British, not an EEA national. i.e He isn't exercising his Treaty Rights in the UK. He could only do this in another EU member state. You will have to pay the NHS surcharge.
2. I'll leave this for someone else to answer, but I suspect she will have to pay the surcharge. Wait for confirmation

[Annie15]

Dear CASA, many many thanks for kind reply. Noted the situation with regards to my husband. I look forward to hearing from anyone at all as regards to my friend's situation. Thank you ever so much.

[Annie15]

Hello,

I have been reading through the FLR (M) form. I would appreciate kind advices on the below questions asked.

- The numbers (example 1.1, 1.4, 7.3A) are numbers as written on the sections of the form.
- The questions on the form are in shade blue.
- The concerns are written after that.

1.1 Your title – please tick MR MRS MISS OTHER
- I am married but I am still using my maiden name.
- Please advice if I still tick the 'Mrs' column or tick OTHER and state MS ?

1.4 Your full name as in your passport or travel document.
- This refers to the first and second name only yes, and not the surname ?
- I notice there is a space in no 1.5 for Surname or family name.

1.7 Any other name (s) by which you are or have been known
- I do use the name Annie that is not formal and is not stated in any formal documents.
- There is also no mention of this name in my passport.
- Should I include this name here ?
- When asked this questions in the past, I normally just leave it empty.
- I can't remember if this name was mentioned in my past application.
- In saying that, all letters / cards sent to me and my husband calls me as Annie, and not my formal first and second names.
- Also, will this name appear in my biometric / any visa documents ?

1.13 Home Office reference if you have one
- This does not refer to the reference number in my earlier application (2 years + ago) yes ?
- In what situation does a person have one ?

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 fiance (e) or proposed civil partner) with your current sponsor ?
- Well, the first application I made was for my Spousal Visa 2 years + ago.
- I am unsure of the need.
- Should I tick YES, being the first time ?

2.3 Please indicate what stage of extension of leave you are applying for or why you are
choosing to extend your current leave in one of the above categories.
- In the situation I am in, I am assuming I should tick SECOND PERIOD OF LEAVE TO REMAIN (FOLLOWING INITIAL GRANT OF LEAVE TO REMAIN ?

2.4 How long has your sponsor lived in the UK.
- My husband has lived in the UK since birth. Shall I write 'From birth – 35 years' ?

SECTION 4 – DEPENDENT CHILDREN
We do not have dependent / children.
Please confirm that this part is to remain empty ?
Or do I fill in no 4.1, 4.2 and 4.3 and then move on to section 5 ?

5.2 When did you enter the UK ?
- Is there any organisation I can contact to confirm the date I first entered the UK using my
Entry Clearance ?

5.3 In what category were you granted permission to enter the UK ?
- Printed on my Entry Clerance is UK ENTRY CLEARANCE AS OVERSEAS BUSINESS REPRESENTATIVE OF (COMPANY NAME).
- Do I fill this section as per what is printed on my Entry Clearance or is there a name for the category ?

SECTION 6 – YOUR RELATIONSHIP TO YOUR SPONSOR
I am sure this section has been asked in the application I have made for my Spousal Visa in the past and a Spousal Visa was granted to me because all are right in our relationship ? Is it mandatory to answer this section ?

6.2 When did you first met your sponsor ?
- The thing is I first met my sponsor online, and then he came to visit me a few months after that. Shall I write the date we met in person ? And do I need to include the date we met online ?

6.4 When did your relationship begin ?
- Our relationship actually began a few months before we met in person. When we met, the meet further strengthened our decision in the relationship.
- How do I write this in this column ?

6.23 What type of ceremony was your marriage or civil partnership ?
- We had a simple civil ceremony.
- Is it ok to just state 'A SIMPLE CIVIL CEREMONY' ?

7.3 From the list below, please indicate the financial source (s) and the amount of income you and / or your sponsor wish to rely on to meet the financial requirement.
- Our option is as follows :
'INCOME FROM SALARIED EMPLOYMENT'
- We are asked to 'INDICATE WHICH OPTION YOU ARE RELYING ON
CATEGORY A CATEGORY B
- There are boxes for us to choose the categories. What does this refer to ?

7.3A (viii) And please provide the dates you or your sponsor commenced and finished in that earlier employment in the 12 months prior to this application.
- My husband has been working for the same company for more than 10 years now. Please could you advice if this question is applicable to him ? If we must answer this, how shall we word it ?

7.3A You or your sponsor must have been employed by the same employer for 6 months prior to the application and your combined total earnings must meet the specified amount at 7.3A (xiv) for this 6 month period. If not, does you and your sponsor's income from salaried employment received in the 1 months prior to application meet or exceed the financial requirement you must meet ? - TO TICK - YES OR NO.
- Same as above. My husband has been working for the same company for more than 10 years now. Please could you advice if this question is applicable to him ? Do we tick anything at all here ?

I thank you in advance for your kind reply. I will read through the rest of the items in the form and will come back to you should there be any queries from there.

Thank you.

[Annie15]

Hello,

I have been reading through the FLR (M) form. I would appreciate kind advices on the below questions asked.

- The numbers (example 1.1, 1.4, 7.3A) are numbers as written on the sections of the form.
- The questions on the form are in shade blue.
- The concerns are written after that.

1.1 Your title – please tick MR MRS MISS OTHER
- I am married but I am still using my maiden name.
- Please advice if I still tick the 'Mrs' column or tick OTHER and state MS ?

1.4 Your full name as in your passport or travel document.
- This refers to the first and second name only yes, and not the surname ? Or it refers to first, second and also surname all together ?
- I notice there is a space in no 1.5 for Surname or family name.

1.7 Any other name (s) by which you are or have been known
- I do use the name Annie that is not formal and is not stated in any formal documents.
- There is also no mention of this name in my passport.
- Should I include this name here ?
- When asked this questions in the past, I normally just leave it empty.
- I can't remember if this name was mentioned in my past application.
- In saying that, all letters / cards sent to me and my husband calls me as Annie, and not my formal first and second names.
- Also, will this name appear in my biometric / any visa documents ?

1.13 Home Office reference if you have one
- This does not refer to the reference number in my earlier application (2 years + ago) yes ?
- In what situation does a person have one ?

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 fiance (e) or proposed civil partner) with your current sponsor ?
- Well, the first application I made was for my Spousal Visa 2 years + ago.
- I am unsure of the need.
- Should I tick YES, being the first time ?

2.3 Please indicate what stage of extension of leave you are applying for or why you are
choosing to extend your current leave in one of the above categories.
- In the situation I am in, I am assuming I should tick SECOND PERIOD OF LEAVE TO REMAIN (FOLLOWING INITIAL GRANT OF LEAVE TO REMAIN ?

2.4 How long has your sponsor lived in the UK.
- My husband has lived in the UK since birth. Shall I write 'From birth – 35 years' ?

SECTION 4 – DEPENDENT CHILDREN
We do not have dependent / children.
Please confirm that this part is to remain empty ?
Or do I fill in no 4.1, 4.2 and 4.3 and then move on to section 5 ?

5.2 When did you enter the UK ?
- Is there any organisation I can contact to confirm the date I first entered the UK using my
Entry Clearance ?

5.3 In what category were you granted permission to enter the UK ?
- Printed on my Entry Clerance is UK ENTRY CLEARANCE AS OVERSEAS BUSINESS REPRESENTATIVE OF (COMPANY NAME).
- Do I fill this section as per what is printed on my Entry Clearance or is there a name for the category ?

SECTION 6 – YOUR RELATIONSHIP TO YOUR SPONSOR
I am sure this section has been asked in the application I have made for my Spousal Visa in the past and a Spousal Visa was granted to me because all are right in our relationship ? Is it mandatory to answer this section ?

6.2 When did you first met your sponsor ?
- The thing is I first met my sponsor online, and then he came to visit me a few months after that. Shall I write the date we met in person ? And do I need to include the date we met online ?

6.4 When did your relationship begin ?
- Our relationship actually began a few months before we met in person. When we met, the meet further strengthened our decision in the relationship.
- How do I write this in this column ?

6.23 What type of ceremony was your marriage or civil partnership ?
- We had a simple civil ceremony.
- Is it ok to just state 'A SIMPLE CIVIL CEREMONY' ?

7.3 From the list below, please indicate the financial source (s) and the amount of income you and / or your sponsor wish to rely on to meet the financial requirement.
- Our option is as follows :
'INCOME FROM SALARIED EMPLOYMENT'
- We are asked to 'INDICATE WHICH OPTION YOU ARE RELYING ON
CATEGORY A CATEGORY B
- There are boxes for us to choose the categories. What does this refer to ?

7.3A (viii) And please provide the dates you or your sponsor commenced and finished in that earlier employment in the 12 months prior to this application.
- My husband has been working for the same company for more than 10 years now. Please could you advice if this question is applicable to him ? If we must answer this, how shall we word it ?

7.3A You or your sponsor must have been employed by the same employer for 6 months prior to the application and your combined total earnings must meet the specified amount at 7.3A (xiv) for this 6 month period. If not, does you and your sponsor's income from salaried employment received in the 1 months prior to application meet or exceed the financial requirement you must meet ? - TO TICK - YES OR NO.
- Same as above. My husband has been working for the same company for more than 10 years now. Please could you advice if this question is applicable to him ? Do we tick anything at all here ?

I thank you in advance for your kind reply. I will read through the rest of the items in the form and will come back to you should there be any queries from there.

[CR001]

1.1 Other and Ms is fine or Mrs, up to you.

1.4 Yes and Yes for 1.5

1.7 This refers to a maiden (if you took on your married name in official documents). It does not refer to a 'nick name'. Your official documents/cards from HO will only ever feature your names as they appear in your passport.

1.13 Yes, but you if you don't have it or can't find it, leave it blank.

2.2 No

2.3 Second period yes

2.4 You can just write 'since birth'

SECTION 4 – DEPENDENT CHILDREN
4.1' to 4.3 No if neither of you have dependent children either together or from previous relationships.

5.2 Your visa in your passport will have the stamp on from when you arrived in the UK.

5.3 Yes - OVERSEAS BUSINESS REPRESENTATIVE OF (COMPANY NAME).

SECTION 6 – YOUR RELATIONSHIP TO YOUR SPONSOR
I am sure this section has been asked in the application I have made for my Spousal Visa in the past and a Spousal Visa was granted to me because all are right in our relationship ? Is it mandatory to answer this section ? You have to complete this section again. DO NOT skip section because 'I filled it in with previous application'

6.2 You can write either and explain in the 'additional information' section. If you have a copy of your previous application form, look what you wrote there.

6.4 As above # 6.3

6.23 Yes and at 'at Registar' if that is where you had it.

7.3 You will need to read the financial requirement guidance (I think appendix FM). Base on what your circumstances are is how you answer. Appears you are cat A.

7.3A (viii) You can write 'N/A'

7.3A Not sure.

[Casa]

@CR001 You deserve a medal.

[CR001]

@CR001 You deserve a medal.

I need a flippen holiday and a break from IB madness

[Casa]

I'll carry the bags

[CR001]

I'll carry the bags

Caribbean sound good to you??

[Casa]

I'll carry the bags

Caribbean sound good to you??

That'll do it....as long as there's no wi-fi

[ellingham84]

@casa and @cr001, just wanted to say from someone who has gone through the spouse visa and now in the process of flrm I have read through a huge number of posts on this site and both of your contributions and answers have always been really helpful to myself and my wife - thanks!
I also enjoy the interaction between you two, especially the 'speedy fingers' comments!
Keep up the great work!

[CR001]

@casa and @cr001, just wanted to say from someone who has gone through the spouse visa and now in the process of flrm I have read through a huge number of posts on this site and both of your contributions and answers have always been really helpful to myself and my wife - thanks!
I also enjoy the interaction between you two, especially the 'speedy fingers' comments!
Keep up the great work!

Thank you for your lovely words It is always nice to hear appreciation rather than the flak we usually get.

[CR001]

I'll carry the bags

Caribbean sound good to you??

That'll do it....as long as there's no wi-fi

No wifi, not tablet, no laptop and as you know, my O2 IP is banned

[Casa]

@casa and @cr001, just wanted to say from someone who has gone through the spouse visa and now in the process of flrm I have read through a huge number of posts on this site and both of your contributions and answers have always been really helpful to myself and my wife - thanks!
I also enjoy the interaction between you two, especially the 'speedy fingers' comments!
Keep up the great work!

Thank you for your lovely words It is always nice to hear appreciation than the flak we usually get.

...and thanks from me. It makes up for a fairly frustrating day on the forum.