Visitor Visa to FLR FP under new home office covid rules eligibility?

[powerhouse]

Hi All

This question is for my father. He holds Pakistani Passport. He has a valid visit visa since 2015 and have been renewing before the expiry of the previous visit visa. Currently he holds a 5 year visit visa expiring in 2023.

Family Background:
- He has got a wife who is on Indefinite leave.
- 2 sons and a daughter who are British national.
- 1 son is on a partner route and in UK since last year April 19.

Father Details:
- He is 65+ years old.
- Have been regularly travelling to UK on a visit visa but going back to Pakistan as per the visit visa requirements not to breach over stay immigration rules.

Our Initial Plan
-Our plan was to apply for his settlement visa from Pakistan in May 20 based on her partner being on indefinite leave.
-All financial requirements are met, English language is exempt due to age.
-However, due to Covid he couldnt apply due to visa office being shut and he couldnt get an appointment for TB test.
- Covid situation got worse in Pakistan and all family being here in UK, we requested him to travel to UK and stay with family as we didnt want to alone in Pakistan with no immediate family around.

Current Status
-He is currently in UK on a valid visa.
-Now, the home rules have changed and our understanding is we can apply for his settlement visa using FLR (FP) form.
-Previously, it was not allowed to apply for a family route from within UK whilst you are on a visit visa as you have to apply from the home country.

Question:
- Is our understanding correct - can he switch from within UK from UK Visit Visa to FLR (FP) family route?
-OR he has to go back and apply?

[powerhouse]

Hi All

This question is for my father. He holds Pakistani Passport. He has a valid visit visa since 2015 and have been renewing before the expiry of the previous visit visa. Currently he holds a 5 year visit visa expiring in 2023.

Family Background:
- He has got a wife who is on Indefinite leave.
- 2 sons and a daughter who are British national.
- 1 son is on a partner route and in UK since last year April 19.

Father Details:
- He is 65+ years old.
- Have been regularly travelling to UK on a visit visa but going back to Pakistan as per the visit visa requirements not to breach over stay immigration rules.

Our Initial Plan
-Our plan was to apply for his settlement visa from Pakistan in May 20 based on her partner being on indefinite leave.
-All financial requirements are met, English language is exempt due to age.
-However, due to Covid he couldnt apply due to visa office being shut and he couldnt get an appointment for TB test.
- Covid situation got worse in Pakistan and all family being here in UK, we requested him to travel to UK and stay with family as we didnt want to alone in Pakistan with no immediate family around.

Current Status
-He is currently in UK on a valid visa.
-Now, the home rules have changed and our understanding is we can apply for his settlement visa using FLR (FP) form.
-Previously, it was not allowed to apply for a family route from within UK whilst you are on a visit visa as you have to apply from the home country.

Question:
- Is our understanding correct - can he switch from within UK from UK Visit Visa to FLR (FP) family route?
-OR he has to go back and apply?

[powerhouse]

In addition to my above post - i just wanted to make it clear that based on the lawyer advised though he meets all of the FLRM requirement except for the cohabitation for last 2 years since he has been travelling to Pakistan regularly not to come in breach of the visit immigration rules - so we are planning to go with FLR FP rather than FLR M.

[powerhouse]

https://www.gov.uk/guidance/coronavirus ... ivate-life


This is the link which has allowed the concession for switching visit visa to family route subject to certain conditions.

[Zerubbabel]

-Our plan was to apply for his settlement visa from Pakistan in May 20 based on her partner being on indefinite leave.

Can you clarify this please?

What do you mean by partner? Is he married to someone with ILR in the UK?

As his visa expires in 2023, he needs to demonstrate to the Home Office that he has exceptional circumstances that would justify accepting his application from the UK. Only people with visas expiring before Aug 31st, 2020 may apply from the UK without conditions.

https://www.gov.uk/guidance/coronavirus ... -residents

[secret.simon]

What do you mean by partner? Is he married to someone with ILR in the UK?

- He has got a wife who is on Indefinite leave.

[Zerubbabel]

What do you mean by partner? Is he married to someone with ILR in the UK?

- He has got a wife who is on Indefinite leave.

I read twice and missed that Thank you for the clarification.

It's uncommon to see the Home Office granting visitor visas to someone with a wife established in the UK.

[secret.simon]

It's uncommon to see the Home Office granting visitor visas to someone with a wife established in the UK.

I agree.

To the OP: What proof did your father produce to show that he has stronger ties to his home country than to the UK at the time of applying for his visit visa?

[powerhouse]

Thanks both for your posts/reply.

On a visitor visa - we showed the following:

1- A letter from the employer confirming his employment.
2- He was x-employee in airline industry and had travelled to UK on numerous occasions and never over stayed here. Both on official and private visits.
3- Built the visit visa history by applying 6m, then 2y and then 5y - to support the evidence that he has always respected the rules and flew back.
4 - We showed that he has close ties with his family ( 3 siblings) back home.
5 - Lastly, more importantly, he had one son in Pakistan who used to live with him but now he too has moved to Uk on a spouse visa last year. He was unmarried and my father provided basic accommodation and living costs at that time (2018 - year in which his last visit visa was applied and granted). For the avoidance of any doubt - all children (4 of us) are now in UK with our mother who is on ILR.

[powerhouse]

Family Background:

Wife - came to UK in 2003 - applied ILR based on strong social ties in 2008 and granted. Never been able to pass the Life in Uk Test hence didnt apply for British passport.

Son 1 - age 36 - currently holds Pakistani passport - moved to UK in 2019 on spousal visa. Was in Pakistan before with my father. Couldnt come in 2003 with his mother because he was over 18 years old.

Son 2 - age 33 - British passport holder since 2012 (came with his mother in 2003)

Daughter - age 32 - British passport holder since 2012 (came with his mother in 2003)

Son 3 - age 28- British passport holder since 2012 (came with his mother in 2003)

Myself - I was in airline industry so didnt apply for settlement as i was able to come to UK on regular basis. But retired in 2015 - so since then have been applying for visit visa and coming to UK. Now, his oldesrt son has moved to UK, so now he wants to move to UK as well.

[powerhouse]

*Myself (please read as father)

NOTE TO ADMINISTRATOR: PLEASE CHANGE SUBJECT TO "Visitor Visa to FLR FP under new home office covid rules eligibility?"

[secret.simon]

NOTE TO ADMINISTRATOR: PLEASE CHANGE SUBJECT TO "Visitor Visa to FLR FP under new home office covid rules eligibility?"

Done.

[powerhouse]

NOTE TO ADMINISTRATOR: PLEASE CHANGE SUBJECT TO "Visitor Visa to FLR FP under new home office covid rules eligibility?"

Done.

Thanks @administrator.

In addition to above for his eligibility to switch to FLR FP from visit visa (Question 1) -

if i could add [Question 2] what would be the impact on his visit visa which is valid until 2023? - if by applying to FLR FP whilst his in UK on visit visa - would that have an adverse impact on any future visit visa application?

[CULLINAN]

I understand that it’s risky to apply inside UK for someone whose visitor visa is valid till 2023 as the exemption is only for those whose visa is expiring before 31st August 2020.

However, why OP is considering to apply for FLR FP instead of FLR(M) if all conditions for FLR(M) are met? Cohabitation documents are not required for initial spouse visa as far as I know?

[seagul]

Applying FLRFP will overtly be a treacherous manoeuvre since he has adult children already settled in their life discordant to a situation where UK born school kids can't be relocated outside to UK means no insurmountable obstacle involved (one of the biggest pre-requisite of gaining flrfp visa). Moreover, that practice might even leads towards the forfeiture of his current visit visa despite of having previous healthy immigration history.

[bathanza]

I have read an approval case for an American on a visit visa and switched to FLR M using the COVID concession and was approved on another board. Use the spousal route. There is no such FLR FP form anymore so please do intend to apply and a spouse.

Read the immigration rules correctly and IF all conditions are met you can surely apply. About the TB test perhaps look into that requirement and get a private test done? If you cannot then explain why you could not get one due to restrictions?

[CULLINAN]

Mostly prolly that guy’s visa would be expiring soon so he would have qualified under the covid concession? OP’s visit visa is valid till 2023.

[bathanza]

Mostly prolly that guy’s visa would be expiring soon so he would have qualified under the covid concession? OP’s visit visa is valid till 2023.

Nothing to do with the validity of visa. If COVID prevents you from going to your home country for you to submit the application UKVI have made this concession

"If you’re applying to enter the UK or remain on the basis of family or private life

There are temporary concessions in place if you’re unable to meet the requirements of the family Immigration Rules to enter or remain in the UK due to coronavirus. Up to 31 August 2020 applicants in the UK as a visitor or with leave of up to 6 months can switch into a family or private life route provided the requirements of the Immigration Rules are otherwise met."

[CULLINAN]

There are temporary concessions in place if you’re unable to meet the requirements of the family Immigration Rules to enter or remain in the UK due to coronavirus. Up to 31 August 2020 applicants in the UK as a visitor or with leave of up to 6 months can switch into a family or private life route provided the requirements of the Immigration Rules are otherwise met."

If my understanding is correct, this concession was for someone who was caught up in UK back in March/April due to corona lockdown and his/her visit visa was expiring. UKVI extended the visa till 31st July and then 31st Aug. This concession applies to only those whose visa is expiring before the 31st Aug.

Someone whose visa is not expiring can only apply if has compelling reasons for example study/work in UK.

PS travel to/from Pakistan is open and anyone can return back to Pakistan now.

So not sure if there are any other grounds in OP’s case.

[seagul]

There are temporary concessions in place if you’re unable to meet the requirements of the family Immigration Rules to enter or remain in the UK due to coronavirus. Up to 31 August 2020 applicants in the UK as a visitor or with leave of up to 6 months can switch into a family or private life route provided the requirements of the Immigration Rules are otherwise met."

That temporary concession was solely for those who either are self isolating or can't return back home.

[powerhouse]

Thanks to all who have responded to the post.

So, in nutshell - i have understood the following:

- he is lucky to have a visitor visa since his family is settled in UK - so we should value his visit valid until 2023.

- He meets FLR M requirements so better go that route rather than FLR FP which could provide treacherous.

- Remote chances of getting a settlement from here whilst he is in UK since the concessions do not apply to him as his visa isnt expiring until 2023.

- He should apply for settlement from Pakistan to safeguard his immigration history and most likely it would /should be a tick box exercise since all FLR M requirements are met.

[Korekt]

- He should apply for settlement from Pakistan to safeguard his immigration history and most likely it would /should be a tick box exercise since all FLR M requirements are met.

For the above, it would be entry clearance.

FLR is Further Leave to Remain; in the UK.

[seagul]

Thanks to all who have responded to the post.

So, in nutshell - i have understood the following:

- he is lucky to have a visitor visa since his family is settled in UK - so we should value his visit valid until 2023.

- He meets FLR M requirements so better go that route rather than FLR FP which could provide treacherous.

- Remote chances of getting a settlement from here whilst he is in UK since the concessions do not apply to him as his visa isnt expiring until 2023.

- He should apply for settlement from Pakistan to safeguard his immigration history and most likely it would /should be a tick box exercise since all FLR M requirements are met.

All above understanding is correct.

[powerhouse]

Thanks to all who have responded to the post.

So, in nutshell - i have understood the following:

- he is lucky to have a visitor visa since his family is settled in UK - so we should value his visit valid until 2023.

- He meets FLR M requirements so better go that route rather than FLR FP which could provide treacherous.

- Remote chances of getting a settlement from here whilst he is in UK since the concessions do not apply to him as his visa isnt expiring until 2023.

- He should apply for settlement from Pakistan to safeguard his immigration history and most likely it would /should be a tick box exercise since all FLR M requirements are met.

All above understanding is correct.

Thanks