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Spouse Visa Extension FLR(M)

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tallojani
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Spouse Visa Extension FLR(M)

Post by tallojani » Sun Oct 16, 2016 10:00 pm

Need help folks,

My wife was granted 33 months visa on March 2014, she has been living with me here in UK since April 2014 and her visa expires in December 2016. Me and our 17 month old son have go British passport.

I would like clarification on the followings:

1) When can i apply for an extension on FLR(M)?
2) Would her old A1 english test be accepted with this extension?
3) I am studying an undergraduate degree for which i get NHS bursary (£9600) per annum, i work part time £739.58 post tax monthly salary, would this be enough to meet the income threshold?
4) I receive child benefit for my son, could this be a problem?
5) We receive child tax credit and working tax credit,although i applied for them on my name but the letters from WTC and CTC show the account as joint and have both our names, would this be an issue?

Please kindly give your advice.
May Allah swt make it easy for us all

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CR001
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Re: Spouse Visa Extension FLR(M)

Post by CR001 » Sun Oct 16, 2016 10:27 pm

1. November onwards should be fine.

2. No, she needs A2 for applications from October 2016.

3. Not sure. Does your wife work at all?

4. No, not an issue at all.

5. Tax credits MUST be claimed in JOINT name with your spouse.

Don't forget she also has to pay the £500 immigration health surcharge before she can submit her application. This is in addition to the visa application fee (£811 for postal or £1311 for premium service in person).
Char (CR001 not Casa)
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Casa
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Re: Spouse Visa Extension FLR(M)

Post by Casa » Sun Oct 16, 2016 10:29 pm

tallojani wrote:Need help folks,

My wife was granted 33 months visa on March 2014, she has been living with me here in UK since April 2014 and her visa expires in December 2016. Me and our 17 month old son have go British passport.

I would like clarification on the followings:

1) When can i apply for an extension on FLR(M)? Your wife applies, not you. No earlier than 28 days before 2.5 year anniversary of her entry into the UK/
2) Would her old A1 english test be accepted with this extension? A2 level may well be required before she qualifies for her visa extension
3) I am studying an undergraduate degree for which i get NHS bursary (£9600) per annum, i work part time £739.58 post tax monthly salary, would this be enough to meet the income threshold? What do you earn pre-tax?
4) I receive child benefit for my son, could this be a problem? Not if you are claiming in your name only.
5) We receive child tax credit and working tax credit,although i applied for them on my name but the letters from WTC and CTC show the account as joint and have both our names, would this be an issue? Tax credits must be claimed in JOINT NAMES

Please kindly give your advice.
Your wife will also have to pay the NHS surcharge of £500 in addition to the visa fee.

Edit: Beaten by Miss Speedy Fingers, CR001
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

tallojani
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Re: Spouse Visa Extension FLR(M)

Post by tallojani » Sun Oct 16, 2016 10:37 pm

CR001 wrote:1. November onwards should be fine.

2. No, she needs A2 for applications from October 2016.

3. Not sure. Does your wife work at all?

4. No, not an issue at all.

5. Tax credits MUST be claimed in JOINT name with your spouse.

Don't forget she also has to pay the £500 immigration health surcharge before she can submit her application. This is in addition to the visa application fee (£811 for postal or £1311 for premium service in person).
.

Thanks for your reply,

is A2 test a new rule, because the FLR(M) form and guidance that i printed suggests i can use the old A1 city and guild english test as it was used for last application.

Tax credits are indeed claimed on joint names, would this cause a problem?

Wife is starting a job tommorw but does not get paid untill her two weeks probationary period is over as we can not evidence her potential income we cant really rely on her income.
May Allah swt make it easy for us all

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CR001
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Re: Spouse Visa Extension FLR(M)

Post by CR001 » Sun Oct 16, 2016 10:40 pm

tallojani wrote:is A2 test a new rule, because the FLR(M) form and guidance that i printed suggests i can use the old A1 city and guild english test as it was used for last application. No announcement of a date as yet I believe. See New A2 English Requirement (click)

Tax credits are indeed claimed on joint names, would this cause a problem? No

Wife is starting a job tommorw but does not get paid untill her two weeks probationary period is over as we can not evidence her potential income we cant really rely on her income.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

tallojani
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Re: Spouse Visa Extension FLR(M)

Post by tallojani » Sun Oct 16, 2016 10:45 pm

Casa wrote:
tallojani wrote:Need help folks,

My wife was granted 33 months visa on March 2014, she has been living with me here in UK since April 2014 and her visa expires in December 2016. Me and our 17 month old son have go British passport.

I would like clarification on the followings:

1) When can i apply for an extension on FLR(M)? Your wife applies, not you. No earlier than 28 days before 2.5 year anniversary of her entry into the UK/
2) Would her old A1 english test be accepted with this extension? A2 level may well be required before she qualifies for her visa extension
3) I am studying an undergraduate degree for which i get NHS bursary (£9600) per annum, i work part time £739.58 post tax monthly salary, would this be enough to meet the income threshold? What do you earn pre-tax?
4) I receive child benefit for my son, could this be a problem? Not if you are claiming in your name only.
5) We receive child tax credit and working tax credit,although i applied for them on my name but the letters from WTC and CTC show the account as joint and have both our names, would this be an issue? Tax credits must be claimed in JOINT NAMES

Please kindly give your advice.
Your wife will also have to pay the NHS surcharge of £500 in addition to the visa fee.

Edit: Beaten by Miss Speedy Fingers, CR001
Thank you for your quick reply (only marginally slower than miss speedy fingers),

I earn £748.80 pre-tax per month, child credit is claimed on my name only and WTC/CTC are on joint name could the latter cause any problem?
May Allah swt make it easy for us all

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Casa
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Re: Spouse Visa Extension FLR(M)

Post by Casa » Sun Oct 16, 2016 11:00 pm

If I understand correctly, it appears that a bursary will qualify towards meeting the income level. CR001 may have comments to add.

6.1.6. Income from a maintenance grant or stipend (not a loan) associated with undergraduate study or postgraduate study or research received by the applicant‟s partner or the applicant can be counted towards the financial requirement. The person must be currently in receipt of the grant or stipend or will be within 3 months of the date of application, and the grant or stipend must be payable for a period of at least 12 months from the date of application or from the date on which payment of the grant or stipend will commence. Where the grant or stipend is paid on a tax-free basis, see section 6.4. of this guidance for further information.


No problem with tax credits...you're claiming correctly.

Edit: Even with the bursary, you still appear to be £125.04 under the £18,600 p.a minimum income level.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

tallojani
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Posts: 504
Joined: Tue Jul 02, 2013 11:14 am

Re: Spouse Visa Extension FLR(M)

Post by tallojani » Sun Oct 16, 2016 11:16 pm

Casa wrote:If I understand correctly, it appears that a bursary will qualify towards meeting the income level. CR001 may have comments to add.

6.1.6. Income from a maintenance grant or stipend (not a loan) associated with undergraduate study or postgraduate study or research received by the applicant‟s partner or the applicant can be counted towards the financial requirement. The person must be currently in receipt of the grant or stipend or will be within 3 months of the date of application, and the grant or stipend must be payable for a period of at least 12 months from the date of application or from the date on which payment of the grant or stipend will commence. Where the grant or stipend is paid on a tax-free basis, see section 6.4. of this guidance for further information.


No problem with tax credits...you're claiming correctly.

Edit: Even with the bursary, you still appear to be £125.04 under the £18,600 p.a minimum income level.
Sorry i just checked, the exact bursary figure i get is £9692 yearly, monthly wage is £748.80 pre-tax, that makes it a total off £18677.60.

In the application form under do i have to declare receiving tax credits and child benefit?
May Allah swt make it easy for us all

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Casa
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Re: Spouse Visa Extension FLR(M)

Post by Casa » Mon Oct 17, 2016 9:13 am

Whew! That gave me several attempts with the calculator and a restless night! :wink:

Yes, declare the tax credits & CB. No problem as you're claiming correctly and this is permitted.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

tallojani
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Posts: 504
Joined: Tue Jul 02, 2013 11:14 am

Re: Spouse Visa Extension FLR(M)

Post by tallojani » Tue Oct 18, 2016 6:30 pm

Help please,

Continuation of the above application, my wife landed in UK on April 2014, 30 months are over and she is now eligible for extension.

Ideally we would like to apply soon as to avoid unnecessary cost associated with obtaining A2 level english language accreditation.

I am part time employed been with same employer for a year now, i get paid cash from work on monthly basis. I did not deposit the exact amount shown on payslip into my bank except only in the last 3 months. What are my options?
May Allah swt make it easy for us all

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