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Help with spouse visa extention?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Gingiamano
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Help with spouse visa extention?

Post by Gingiamano » Mon May 08, 2017 5:36 pm

Hey guys
I know this topic has been repeated enough times but please reply to help another soul out here.
My visa expiry date is 7 Aug 2017 and now I have a 6 month old kid who is British citizen. Do I still apply as a partner or as a partner with child, as the financial requirement change with each option.
It £18900 just for me ...and £22500 for me and a child.
As I said my child is a British citizen but is my partner's and my dependent, so do I need to include her in my visa application.

Thank you

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CR001
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Re: Help with spouse visa extention?

Post by CR001 » Mon May 08, 2017 5:44 pm

Assuming you are on a spouse settlement visa and not FLR(FP), you apply for an extension on FLR(M) and meet the £18,600pa requirement and English A2.

Child must be listed but is not included as not applying for a visa.
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Re: Help with spouse visa extention?

Post by Gingiamano » Mon May 08, 2017 5:59 pm

Thank you.
On HO website it says that I need not give no English exam if I have a degree recognised by UK NARIC as equivalent to UK bachelors degree. I do have this document. Shall I still sit the test?
Secondly, I read somewhere on the forum and so did a solicitor told my father in law few months ago that I don't have to show my partner's income or tax returns while applying for extention. This is quite confusing. So how to improve prove my financial eligiblity ( or do I have to?) . If you can list the examples of documents I can furnish that will be big help. I am not working ( worked part time for 7 months and then was laid off).

Thank you

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Re: Help with spouse visa extention?

Post by CR001 » Mon May 08, 2017 6:11 pm

If you have a UK NARIC ELA then fine, no need to do the English test.

You can use YOUR income OR your wife's income OR combined income for an extension. You still have to prove you meet the financial requirement of £18,600pa for your spouse visa extension on FLR(M).

Suggest read the form, roughly around page 63/64 it gives examples of what HO expect to see to prove income and cohabitation.

Assuming your wife doesn't work and you don't earn enough, then you only have the option of applying on FLR(FP) 10 year partner route.
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Re: Help with spouse visa extention?

Post by Gingiamano » Mon May 08, 2017 6:37 pm

Hey again.
Sorry for bad communication... I am the wife..my husband and kid both are UK citizen.
Thank you for clarifying my doubts above. If you could please answer few more questions that will sort my application out.
So I came to UK on spouse visa and we ( I mean my husband and his family) furnished all proofs relating to income and accommodation. Hence my entry visa carried with it all the documents listed in 'Extend your family visa' guide.. .....
So when I heard that a solicitor said that I need not give all those details again while applying for extention, I was quite happy coz it's such a mission getting all the papers together again.
Hence, this is what I want to know that do I have to show my husbands tax documents, payslips, property layout etc again?

Thank you

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Re: Help with spouse visa extention?

Post by CR001 » Mon May 08, 2017 6:41 pm

For your extension you have to submit all the same documents again but they must be more recent so not the exact ones you submitted for your first visa but recent ones and 2 years proof of living together.

If you and your husband don't meet the financial requirement or have substantial savings, you cannot apply on FLR(M) as it will be refused.

For FLR(FP), it is the 10 year partner route you apply for.
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Re: Help with spouse visa extention?

Post by Gingiamano » Mon May 08, 2017 6:58 pm

Thank you so oooooooo much for clearing that up. Now I can stand up to explain the same to my father on law. I do have some savings in my account and my husband earns alright so we should be okay. Last help regarding this. Could you please post or give me link where it mentions examples of the documents in each category.
I know the categories.... financial, accommodation, marriage and proof of living together etc.... but I just need the examples so that I can get the right docs in each file.

Thank you

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Re: Help with spouse visa extention?

Post by CR001 » Mon May 08, 2017 7:02 pm

How much savings do you have and how long have you had it in your bank account?

What is your husband's annual salary?

Read the FLR(M) form, around page 63/64, it list lists what HO expect to see.
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Re: Help with spouse visa extention?

Post by Gingiamano » Mon May 08, 2017 9:53 pm

Hey

I have 4k only in my account.... that's the average I keep in... ( pretty sure it is not enough.... but thats my allowance) my husband's annual is around 26k annum so I guess I ll show that he sponsors me.
Please suggest the best way.

Thank you

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Re: Help with spouse visa extention?

Post by CR001 » Mon May 08, 2017 9:56 pm

Any savings under £16k is not counted.

Your husbands salary is sufficient. If he is employed as a PAYE employee, you need 6 months payslips and bank statements to prove you meet the requirement on FLR(M).
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Re: Help with spouse visa extention?

Post by Gingiamano » Tue May 09, 2017 11:47 am

Hey

Yes he is a employee and gets his regular payslips. How do I prove 2 years of living together?

( and the questions keep coming up..... really sorry about that but it's just the process ain't simple too so thanks again for all the input)

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Re: Help with spouse visa extention?

Post by Casa » Tue May 09, 2017 11:57 am

CR001 wrote:If you have a UK NARIC ELA then fine, no need to do the English test.

You can use YOUR income OR your wife's income OR combined income for an extension. You still have to prove you meet the financial requirement of £18,600pa for your spouse visa extension on FLR(M).

Suggest read the form, roughly around page 63/64 it gives examples of what HO expect to see to prove income and cohabitation.

Assuming your wife doesn't work and you don't earn enough, then you only have the option of applying on FLR(FP) 10 year partner route.
Page 63 of the FLR(M) application form. :idea:
Six items of correspondence addressed to you and your partner at the same address as
evidence that you have been living together since your last grant of leave in this category, or
from the date you first started living together up to a maximum of two years. See Note 11.
Note 11 The items of correspondence should be addressed to you jointly or in both your names.
Examples of acceptable items are listed below. The documents provided must be originals.
Photocopies are not acceptable.
The dates of the items of correspondence should be spread evenly over the whole period you
are relying on. They should be from at least 3 different sources. If you do not have enough items
in your joint names, you may also provide items addressed to each of you individually if they
show the same address for both of you.
For example - Four items of correspondence in joint names to the same address and two items
addressed to each partner at the address. In total eight items would need to be submitted.
If you and your partner have no bills or correspondence in joint names, you will need to submit
twelve items (six each) of correspondence, evidencing that you reside together at the same
address

Page 64 of the FLR(M) form
Examples of acceptable items of correspondence
• Letters or other documents from government departments or agencies, for example HM
Revenue and Customs, Department for Work and Pensions, DVLA, TV Licensing.
• Letters or other documents from your GP, a hospital or other local health service about
medical treatments, appointments, home visits or other medical matters
• Bank statements/letters
• Building society savings books/letters
• Council tax bills or statements
• Electricity and/or gas bills or statements
• Water rates bills or statements
• Mortgage statements/agreement
• Tenancy agreement(s)
• Telephone bills or statements


https://www.gov.uk/government/uploads/s ... -04-17.pdf
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Re: Help with spouse visa extention?

Post by Gingiamano » Tue May 09, 2017 1:32 pm

I read somewhere on your forum that I shouldn't have been taking the child benefit. Unfortunately I didn't know that it's counted as public fund and was granted CB when I applied for it.
On realising this mistake I have canceled my CB after calling HMRC.
What should I do next and how do I prepare myself and my application for any backlash. ( the operator did suggest that my husband can apply for the same .... but what else can I do to safeguard my application)

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Re: Help with spouse visa extention?

Post by Casa » Tue May 09, 2017 1:47 pm

CB can only be claimed in your husband's name. Tax Credits MUST be claimed in joint names as all the family income will be used to calculate the entitlement.
(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.

Gingiamano
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Re: Help with spouse visa extention?

Post by Gingiamano » Tue May 09, 2017 2:07 pm

I just had another chat with HMRC operator. She said that I was granted CB probably coz I was working and that it was good of me to come out and cancel it now coz I am not working anymore. She said a review letter will soon be sent to me and that it shold not affect my application.
Any other stories like this or experiences? Please share .

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