FLR(M) extension documents required

[robbie_d]

Hi, We're preparing for an application to extend my wife´s FLR spouse visa which expires at the end of Nov 2013. She's Colombian, I'm British. We married nearly 2 years ago in Britain and lived together in the UK before that. 3 months after getting her FLR spouse visa we moved to Colombia, but will return before her visa expires.

We have to extend her FLR visa rather than go for ILR as we've been living most of the existing visa period in Colombia. As she had a visa before the rules changed, we should remain under the old rules - I hope that's right?.

My question is, do we have to provide supporting documents to show we've been living together in Colombia during part of the last 2 years? If I understood correctly, we're married and extending the FLR so Section 12.C applies:

Unmarried and same-sex partners (and any spouse or civil partner who has completed 2 years’ leave in that
category but is applying for an extension of stay rather than indefinite leave to remain)

If you are applying as an unmarried or same-sex partner, or if you answered no to question 5.1 and are
applying for an extension of stay although you have completed or nearly completed 2 years’ leave to enter
or remain in the UK as a partner, in addition to the relevant documents in sub-section 12A, you must provide
the following documents:

We will answer YES to question 5.1 so we DON'T have to provide the documents specified (6 items of correspondence in Note 9.) Is that correct?

We have been living together continuously but I'm asking because here in Colombia, it's proving very hard to get even simple things like bank statements or bills with name and address and they won't cover 2 years fully.

[Amber]

She would remain under the old rules but, what was the reason for the absence, was it for your employment?

[robbie_d]

No, it was not for my work. In a nutshell it was to see if I could live and work in Colombia for an extended period. However, work options have not materialized.

[Amber]

What form are you completing as 5.1 doesn't appear to be relevant to yr questions.

[robbie_d]

Form FLR(M) version 04/2013.

Question 5.1 asks "Did you enter the UK legally", to which she'll answer YES.
The quotes I supplied were from section 12.C

[Amber]

Ok, yes the proof is for unmarried partners, you'll still have to detail all your absences and whether you were living together etc... You won't need to satisfy the new financial requirement.

[robbie_d]

Being able to continue under old visa rules is a big plus. Once the FLR is granted, we will need only to wait 2 years in the UK to get the ILR.

Just in case, we'll bring a few Colombian documents to prove we've been together.

Thanks Amber.

[robbie_d]

Just to update with our result which maybe useful to some people. Also to say thanks to the board (Amber!) for the help.

We made an appointment for the FLR extension at Sheffield PEO and paid the fee. After the caseworker looked at our documents, she said she was prepared to grant Indefinite Leave to Remain. She said that as we had provided ample evidence that we lived together whilst we were outside the UK, ILR was possible.

We paid the extra money for the ILR visa and re-wrote the application on the ILR form. The caseworker said my wife would have a further 4 weeks to take the Life in the UK test. If she passed this, ILR would be granted.

Later, with the test passed, we went straight back to the PEO in Sheffield and they gave the ILR approval immediately.

Our evidence of living together in Colombia:

* Letter explaining all the dates of our travel, addresses etc.
*Letter from bank stating we have a joint bank account in Colombia translated by certified translator
*Letter from Notary Public stating we jointly own a property in Colombia, translated by certified translator
*Letter from Immigration Colombia stating I had been registered as living in Colombia at our joint address, translated by certified translator.
*Several individually addressed documents – bank letters, bills.
*Photos of us together in various places, and one with wife's family

In our case there was a great advantage of going to the UKBA PEO directly rather than posting the application. I hope this is of some use to people in a similar situation.

[Amber]

Congratulations.