Some advice on FLR(M) please

[Jakethemuss]

I have been trying to fill out the forms for my unmarried partner and her dependant son and they are giving me a headache and I'm reading so many conflicting statements online. i need some help on how I go about proving I meet the income threshold, (which I believe is pretty unfair separating family's on low incomes). My situation is, I returned from Australia in march and was working there before I returned to the U.K. Due to moving and getting settled in ready for my family to join me and looking for work I didn't start working until the end of June. I am a sub contractor working on a self employed basis so no salary. What income do they look at? Australia? Here or future income for this year? I haven't earnt 22 thousand in the last 4 months but i will over the next 12. The company I do work for are willing to provide proof of future work and contracts if that will help to show I have enough future work to meet requirements.

[Casa]

As a self-employed worker you will have to show income of £22,400 by submitting the financial statements from the last financial year.

If you were employed you would only need to submit the last 6 months of payslips + the corresponding bank statements.

Future earnings won't be taken into consideration.

Also bear in mind that for self-employed income, the £22,400 is after allowable business expenses have been deducted. In other words, the nett amount on which HMRC calcualate for tax due.

9.1. Category F: Last full financial year
9.1.1. Where the applicant’s partner (and/or the applicant if they are in the UK with permission
to work) is in self-employment, or is the director of a specified limited company in the
UK, at the date of application, they can use income from the last full financial year to
meet the financial requirement.

https://www.gov.uk/government/uploads/s ... rement.pdf

[Jakethemuss]

Thanks for the reply. So they would take last years earnings from Australia in a different job?

[Jakethemuss]

Thanks for the reply. So they would take last years earnings from Australia in a different job?

[Casa]

The title of your thread is confusing. It appears that you're applying for a spouse & dependent visa for your unmarried partner and her son...not FLR(M).
FLR(M) will be applicable after they have completed their initial 2.5 year period in the UK.

In order for your previous employment in Australia to be considered, you would be required to show earnings equivalent to £18,600 p.a as an employed worker for the 6 month period prior to submitting the settlement applications AND have a confirmed job offer to start within 3 months of your arrival in the UK...again meeting the £18,600 annual income level.

As it stands, as you now have a gap between working in Australia and you are self-employed in the UK you won't qualify for this option.

[CR001]

Also, for a UP visa, the gap since you left Australia and your partner could become an issue.

It would have been much simpler to do the visa before you came to the UK.

Does your partner have sole responsibility for her son?

[Casa]

Also, for a UP visa, the gap since you left Australia and your partner could become an issue.

It would have been much simpler to do the visa before you came to the UK.

Does your partner have sole responsibility for her son?

History: http://www.immigrationboards.com/immigr ... l#p1328218

[Casa]

My understanding is that more than 6 months apart will break the qualifying co-habitation period. Even more so as I believe you would not have reached the 2 year point until June of this year, by which time you were living apart in the UK.

As recommended in a previous post, marriage would resolve at least some issues.

[Jakethemuss]

My partner came over with her son who she has sole reponsibility for and our newborn son in April on a holiday visa. The youngest has a British passport. It would have been simpler but financial wasn't an option for us at that stage.

[CR001]

Has she left now?

How long did she stay?

Any use of the NHS while she was here?

Was her name added to anything to prove cohabitation?

[Jakethemuss]

Cr001 it was actually may she arrived. She is still here living with me along with the children. We have proof of us living together here along with in Australia before I left. The time apart was under 2 months. No use of the NHS. Just don't want to split the family up. Sorry for all the questions I just find the forms very confusing

[CR001]

So she will clearly have to leave very soon and apply from Australia.

[Jakethemuss]

Can we not apply from within the UK using the express service?

[Casa]

What 'express service'

It's not permitted to switch to any other visa category while in the UK as a visitor.

[Jakethemuss]

is there anyway around that then? I was misinformed that you could apply from within the UK. This is all very confusing would be easier if original EU immigration rules applied

[Casa]

Way back in March before your family arrived here as visitors, CR001 advised:

"As a visitor, she is not able to switch to any other category visa. She has to apply for the relevant visa from Australia. For your step son, she will have to prove sole responsibility."