First flrm visa expiring

[vinny]

If you are settled in the UK, then returning as a visitor may most likely be refused.

Do you have any children?

[jorgos82]

If you are settled in the UK, then returning as a visitor may most likely be refused.

Do you have any children?

No kids as of yet.

And she didnt leave this morning, so we will try to apply for either flr(m) or flr(fp), and try to buy some time.

[ohara]

Returning as a visitor is probably the worst thing she can do. You should seriously rethink this option before you go ahead with it. Even if by some miracle she is admitted as a visitor (despite an obvious intention to settle as she has presumably just spent 2.5 years here on a spouse visa ), she can't switch from visitor to any other visa category from in the UK.

[jorgos82]

Returning as a visitor is probably the worst thing she can do. You should seriously rethink this option before you go ahead with it. Even if by some miracle she is admitted as a visitor (despite an obvious intention to settle as she has presumably just spent 2.5 years here on a spouse visa ), she can't switch from visitor to any other visa category from in the UK.

She didnt leave and she is in the country for over 7 years now. Before marriage was doing english, and then 2 masters.


FLR(fp) form

Do they give grant to regular people not being able to satisfy financial requirements or only to exceptional cases?


Many thanks

[Casa]

As I advised yesterday and ohara has confirmed, entering as a visitor will scupper any chance she may have of applying for FLR(FP).

There's no point in submitting a FLR(M) application as you have said that neither of you are employed at present and are unable to meet the £18.600 p.a income level.

Your only option appears to be an application under FLR(FP) Partner route.

[noajthan]

Or stay in Austria on SS route for 8 or 9 months or a year or so.
But that's a longshot now - what with new UK rules on SS and having already declared your hand with FLR up to now. Not to mention Brexit looming.

[jorgos82]

As I advised yesterday and ohara has confirmed, entering as a visitor will scupper any chance she may have of applying for FLR(FP).

There's no point in submitting a FLR(M) application as you have said that neither of you are employed at present and are unable to meet the £18.600 p.a income level.

Your only option appears to be an application under FLR(FP) Partner route.

Thanks, will apply via flr(fp).

Will she have right to work while they consider?

Will there be potential appeal option and will we be able to switch to flrm if it takes very long time and we satisfy condtion A of financial requirment( 6 months with same employer).

Also, her visa is expiring today.
Is it ideal to post today or tomorrow would be considered fine?

[Casa]

As I advised yesterday and ohara has confirmed, entering as a visitor will scupper any chance she may have of applying for FLR(FP).

There's no point in submitting a FLR(M) application as you have said that neither of you are employed at present and are unable to meet the £18.600 p.a income level.

Your only option appears to be an application under FLR(FP) Partner route.

Thanks, will apply via flr(fp).

Will she have right to work while they consider? Not if her current visa has expired outside of the 14 day window and a prospective employer is likely to ask to see a valid visa.

Will there be potential appeal option and will we be able to switch to flrm if it takes very long time and we satisfy condtion A of financial requirment( 6 months with same employer).Under the new Regulations any appeal would be heard outside if the UK. Yes, you could vary the application to FLR(M) once you qualify.

It seems that you are suffering for the long holidays.

[jorgos82]

Also, her visa is expiring today.
Is it ideal to post today or tomorrow/Tuesday would be considered fine?

[CR001]

She will not be permitted to work if her visa has expired before you have sent another application.

[Casa]

It doesn't make much difference whether it's tomorrow or Tuesday. Unless you can find a Post Office open today the visa will already have expired.

[jorgos82]

It doesn't make much difference whether it's tomorrow or Tuesday. Unless you can find a Post Office open today the visa will already have expired.

Post office finder is showing quite a few opened today, even until late.

So, we need to send today to have any hope of her atleast doing some xmas job while waiting on decision.

[vinny]

CR001 is correct.

If she overstays, then she cannot work. Applying within 14 days of overstaying is possible, but I doubt that she would be able to work without valid leave.

Therefore, to preserve her rights to work, she must apply before her visa expires.

[Casa]

CR001 is correct.

If she overstays, then she cannot work. Applying within 14 days of overstaying is possible, but I doubt that she would be able to work without valid leave.

Therefore, to preserve her rights to work, she must apply before her visa expires.

...and that means posting TODAY. You will also need to check with the Post Office that the envelope will have today's date stamp...not tomorrow's.

[jorgos82]

CR001 is correct.

If she overstays, then she cannot work. Applying within 14 days of overstaying is possible, but I doubt that she would be able to work without valid leave.

Therefore, to preserve her rights to work, she must apply before her visa expires.

...and that means posting TODAY. You will also need to check with the Post Office that the envelope will have today's date stamp...not tomorrow's.

Very good point CR001.

Just spoken to Post Office that is opened until 10pm tonight and was told that it would have todays date. Obviously won't know until we're there.

Are you able to link any FLR(FP) template letters based on inability to satisfy financial requirements?

Also, if we get refused and she leaves country will we have problem(due to previous refusal) applying for new visa from abroad once I get 6 months payslips from employer?

[Casa]

CR001 is correct.

If she overstays, then she cannot work. Applying within 14 days of overstaying is possible, but I doubt that she would be able to work without valid leave.

Therefore, to preserve her rights to work, she must apply before her visa expires.

...and that means posting TODAY. You will also need to check with the Post Office that the envelope will have today's date stamp...not tomorrow's.

Very good point CR001.

Just spoken to Post Office that is opened until 10pm tonight and was told that it would have todays date. Obviously won't know until we're there.

Are you able to link any FLR(FP) template letters based on inability to satisfy financial requirements? There are no template letters. Just explain your circumstances. Also note 7.20 Could you and your partner live together outside of the UK if necessary? If not, tell us about any obstacles to your family life with your partner continuing outside the UK. Please provide reasons and evidence to support your claim
Also, if we get refused and she leaves country will we have problem(due to previous refusal) applying for new visa from abroad once I get 6 months payslips from employer? Not if you are able to meet all the requirements.

[jorgos82]

Also note 7.20 Could you and your partner live together outside of the UK if necessary? If not, tell us about any obstacles to your family life with your partner continuing outside the UK. Please provide reasons and evidence to support your claim


Yep, that is main obstacle probably.

Ofcourse we could live somewhere else if we had too, just like the 99% of people.
But we never lived together anywhere else. I`m in uk for almost 14 and she's here for almost 8 years and we have mortgage, loan and credit card debts that possibly can be viewed as reason to have to stay in UK.

[CR001]

Are you able to link any FLR(FP) template letters based on inability to satisfy financial requirements? There is no template letter.

Also, if we get refused and she leaves country will we have problem(due to previous refusal) applying for new visa from abroad once I get 6 months payslips from employer? No, a refusal should not impact a future spouse visa.

[jorgos82]

FLR(FP) form sent today with correct date on stamp and our receipt.

Many many thanks to all you guys.


WIll look into what happens next slowly but before that hopeful good nights sleep.

[CR001]

Did you pay the immigration health surcharge of £500 and note the IHS reference number in the form?

[jorgos82]

Did you pay the immigration health surcharge of £500 and note the IHS reference number in the form?

Yes we did, thanks.

On the other hand, 18.6k requirement.
Is there a chance of them raising that minimum income in the near future ie next March or whenever is that they change prices?

[CR001]

[On the other hand, 18.6k requirement.
Is there a chance of them raising that minimum income in the near future ie next March or whenever is that they change prices?

No, nothing in the pipeline at this stage.

[jorgos82]

She just got invited to job interview tomorrow.

Is she allowed to work before we get acknowledgment letter as visa has expired now?

[vinny]

If she posted a valid application prior to expiry of leave, then her leave is extended under Section 3C.

[jorgos82]

If she posted a valid application prior to expiry of leave, then her leave is extended under Section 3C.

Hi,

we just received letter from Home office and also invitation to do biometrics but it doesn't mention right to work anyway.

Does this mean her right to work continues as per before?


Many thanks