Extending visa on 10-year partner route

[talktonight]

Hi everyone, need some advise on extending my wife's visa.

Not the most straightforward case, so I am sorry for taking a bit of time to explain the whole situation below.

She applied for FLM visa on 27 June 2018 while living with me in the UK, but we were not officially married yet. However, my wife was already heavily pregnant with our child, who was due to be born next month.

Our child was born at the end of July 2018, we received Birth Certificate and sent it to the Home Office to be added to the list of supporting documents.

We then got married in the UK on 3rd September 2018, and we also sent Marriage Certificate to the Home Office.

On 14th December 2018 we received Home Office's decision not to grant FLM visa because "you do not meet the requirements for a grant of leave under the 10-year partner route under under paragraphs R-LTRP.1.1.(a), (b) and (d) of Appendix FM because you have only been living with your partner since 1 November 2017, you would be unable to provide evidence of 2 years co-hab prior to application fails GEN.1.2.". They continue with "However we consider, under paragraph GEN.3.2. of Appendix FM, that there are exceptional circumstances in your case which would render refusal a breach of Article 8." (I believe they are referring to human rights), and finally "Accordingly you have been granted a period of 30 months limited leave to remain on the 10-year partner route under paragraph D-LTRP.1.2. of Appendix FM.".

Her visa runs out on 14th June 2021 and we have now started preparing for making new application.

Could you please let me know if she must provide evidence of any salaries / sponsorship from me? I got very confused here, since I was under the impression she needs to show that either herself or he sponsor (me) earns at least £18K per year, but now I have doubts if we need to provide any payslips at all because she is going to be extending her visa based on the fact that our child is British Citizen. In other words, if we submit the application without showing any bank statements or payslips, would they still issue her with a new visa?

Any help would be much appreciated.

[TODMATT]

Hi everyone, need some advise on extending my wife's visa.

Not the most straightforward case, so I am sorry for taking a bit of time to explain the whole situation below.

She applied for FLM visa on 27 June 2018 while living with me in the UK, but we were not officially married yet. However, my wife was already heavily pregnant with our child, who was due to be born next month.

Our child was born at the end of July 2018, we received Birth Certificate and sent it to the Home Office to be added to the list of supporting documents.

We then got married in the UK on 3rd September 2018, and we also sent Marriage Certificate to the Home Office.

On 14th December 2018 we received Home Office's decision not to grant FLM visa because "you do not meet the requirements for a grant of leave under the 10-year partner route under under paragraphs R-LTRP.1.1.(a), (b) and (d) of Appendix FM because you have only been living with your partner since 1 November 2017, you would be unable to provide evidence of 2 years co-hab prior to application fails GEN.1.2.". They continue with "However we consider, under paragraph GEN.3.2. of Appendix FM, that there are exceptional circumstances in your case which would render refusal a breach of Article 8." (I believe they are referring to human rights), and finally "Accordingly you have been granted a period of 30 months limited leave to remain on the 10-year partner route under paragraph D-LTRP.1.2. of Appendix FM.".

Her visa runs out on 14th June 2021 and we have now started preparing for making new application.

Could you please let me know if she must provide evidence of any salaries / sponsorship from me? I got very confused here, since I was under the impression she needs to show that either herself or he sponsor (me) earns at least £18K per year, but now I have doubts if we need to provide any payslips at all because she is going to be extending her visa based on the fact that our child is British Citizen. In other words, if we submit the application without showing any bank statements or payslips, would they still issue her with a new visa?

Any help would be much appreciated.

Do you want to switch back to 5 years route? If yes, either of you MUST be earning £18,600 & meet english language requirement otherwise financial requirement do not need to be MET when applying or extending under 10 years route.