FLR(M) application - immigration history queries

[SophVok]

Hello

My husband (a Kosovan national) was in the UK illegally for a number of years, we got married (I'm British by birth) and applied for a spouse visa in 2014, he was granted UK entry clearance in October 2014. He has reached the 30 months point (on 26/03/2017) so we need to apply for FLR ASAP. I have quite a few queries on the FLR(M) form and was wondering if anyone would be able to assist. They mainly relate to my husband's immigration history. I’ll put them in the order they appear on the form:

1.13 - Home Office ref no
Before being granted entry clearance, my husband was in the UK illegally and had applied for ILR before we met (which was refused). He had a HO ref no for this application but this is probably irrelevant now; as it precedes our successful spouse visa application?

3.17 – On what basis did your sponsor obtain settlement in the UK?
Should I leave this blank as I was born in the UK (I'm his sponsor)?

4.4(r) – who is financially responsible for our child?
Is it advisable to just put my name as I’m the sponsor (and therefore financially responsible for the applicant), or should I put both mine and my husband’s names here?

5.1 – Did you enter the UK legally?
I guess I have to say no, as originally (back in 2001) he entered illegally, even though he has since been granted entry clearance?

5.2 – When did you first enter the UK?
As above - 2001?

5.3 – In what category were you granted permission to enter the UK?
Should I leave this blank as he wasn’t granted permission until 2014? Or does this refer to the entry clearance visa, in which case should I put 'as the spouse of a person settled in the UK'?

5.4 – Provide details of how you entered the UK
Initially it was on the back of a lorry... Is this enough info?

5.9 – Have you ever been deported…in the past 10 years?
He was deported over 10 years ago (2006) so the answer is no? I don’t want to withhold info but he was deported over 10 years ago so technically the answer is no?

6.5 – How do you keep in touch with your sponsor?
We live together – is this a valid answer?

6.21 – Have you lived with your sponsor since your marriage?
No because he left UK voluntarily for 7 months to await visa decision?

6.33 – Do you and your sponsor have any shared financial responsibilities?
As above (question 4.4) - should I put our son?

7.3 – We meet the financial threshold through salaried employment (mine). I’m currently on maternity leave and have been for the last year, can I still sponsor under cat A? My understanding is that they will assess the 6 months prior to my maternity leave (6th Nov 2015 – 6th May 2016) rather than the 6 months prior to the application.

7.3A – Income from salaried employment
Do I have to include details of my husband’s employment in the table if we are not relying on it to meet the threshold?

Combined income from salaried employment - again can this just be mine? Before or after tax?

7C – Accomodation
7.13- Details of each person living in the sponsor’s property
Should I include my husband’s details or just our son’s details?

10.13 – How long have you lived in the UK?
As per previous queries, I guess this should be from when he first entered illegally?

10.14 – ties you have with country you were born in and anywhere you’ve lived for more than 5 years.
Kosovo – enough to say he was born there, grew up there and his parents and the majority of his siblings still live there?
UK – his immediate family (wife and son) are British citizens and live here. UK is now his home. Is there anything else I should mention?

What can we include as evidence of our ‘parental responsibility’ to our son? I have only 2 letters addressed to him and one letter addressed to us regarding him (he's only 1). What else should/could I include - pictures?
Do we need to include copies of all documents plus originals or just originals?
My passport – it says if applying by post to copy all pages – does anyone know if this also applies to Premium Service applications?
Should we include photos?
Mortgage statement – would the latest one (Jan 2017) be sufficient or should I include 2016 one as well?

Finally, we would like to have a Premium Service appointment and hopefully get a same-day decision, do you think this will be possible considering his immigration history or are they going to claim the case isn't straightforward enough (even though they had and considered all of his immigration history info the first time)?

Many, many thanks if you've got this far...
Sophie

[CR001]

It is unclear from your post whether he still has a valid visa or not.

1.13 - Home Office ref no
Before being granted entry clearance, my husband was in the UK illegally and had applied for ILR before we met (which was refused). He had a HO ref no for this application but this is probably irrelevant now; as it precedes our successful spouse visa application?

It is referring to his reference number he has for the spouse visa. If he has the full length visa in his passport, it is the number in the top right corner of the visa vignette.

3.17 – On what basis did your sponsor obtain settlement in the UK?
Should I leave this blank as I was born in the UK (I'm his sponsor)?

Write 'British born'.

4.4(r) – who is financially responsible for our child?
Is it advisable to just put my name as I’m the sponsor (and therefore financially responsible for the applicant), or should I put both mine and my husband’s names here?

Both of you. Clearly you are not a single parent.

5.1 – Did you enter the UK legally?
I guess I have to say no, as originally (back in 2001) he entered illegally, even though he has since been granted entry clearance?

No, refers to his entry clearance.

5.2 – When did you first enter the UK?
As above - 2001?

On the spouse visa.

5.3 – In what category were you granted permission to enter the UK?
Should I leave this blank as he wasn’t granted permission until 2014? Or does this refer to the entry clearance visa, in which case should I put 'as the spouse of a person settled in the UK'?

Spouse of British Citizen.

5.4 – Provide details of how you entered the UK
Initially it was on the back of a lorry... Is this enough info?

Spouse visa details.

5.9 – Have you ever been deported…in the past 10 years?
He was deported over 10 years ago (2006) so the answer is no? I don’t want to withhold info but he was deported over 10 years ago so technically the answer is no?

You should answer yes, you should not withhold any information as this could result in a refusal.

6.5 – How do you keep in touch with your sponsor?
We live together – is this a valid answer?

Fine.

6.21 – Have you lived with your sponsor since your marriage?
No because he left UK voluntarily for 7 months to await visa decision?

Explain it like that.

6.33 – Do you and your sponsor have any shared financial responsibilities?
As above (question 4.4) - should I put our son?

They are asking about financial commitments, rent, bills, etc.

7.3 – We meet the financial threshold through salaried employment (mine). I’m currently on maternity leave and have been for the last year, can I still sponsor under cat A? My understanding is that they will assess the 6 months prior to my maternity leave (6th Nov 2015 – 6th May 2016) rather than the 6 months prior to the application.

Not sure. Does he work?

7.3A – Income from salaried employment
Do I have to include details of my husband’s employment in the table if we are not relying on it to meet the threshold?

Yes

Combined income from salaried employment - again can this just be mine? Before or after tax?

It says 'Combined' doesn't it? Before tax I think.

7C – Accomodation
7.13- Details of each person living in the sponsor’s property
Should I include my husband’s details or just our son’s details?

If only you, hubby and child, state it as such.

10.13 – How long have you lived in the UK?
As per previous queries, I guess this should be from when he first entered illegally?

You can explain this if there is space.

10.14 – ties you have with country you were born in and anywhere you’ve lived for more than 5 years.
Kosovo – enough to say he was born there, grew up there and his parents and the majority of his siblings still live there?
UK – his immediate family (wife and son) are British citizens and live here. UK is now his home. Is there anything else I should mention?

Fine.

What can we include as evidence of our ‘parental responsibility’ to our son? I have only 2 letters addressed to him and one letter addressed to us regarding him (he's only 1). What else should/could I include - pictures?

Is the form asking for evidence of parental responsibility?

Do we need to include copies of all documents plus originals or just originals?

Are you applying by post or in person for a same day decision? Your answer will determine what you need to do.

My passport – it says if applying by post to copy all pages – does anyone know if this also applies to Premium Service applications?

Depends on your answer to the question above this. Have you got a premium service appointment??

Should we include photos?

Of you on outings/holidays etc?? No.

Mortgage statement – would the latest one (Jan 2017) be sufficient or should I include 2016 one as well?

Jan 2017 should be ok. You also need the title register.

Finally, we would like to have a Premium Service appointment and hopefully get a same-day decision, do you think this will be possible considering his immigration history or are they going to claim the case isn't straightforward enough (even though they had and considered all of his immigration history info the first time)?

Should be fine. You are applying for an extension, not a new visa having no legal status.

Don't forget to pay the Immigration Health Surcharge of £500 on top of the visa fee. Premium service is £590 on top of the visa fee of £993 too.

[CR001]

A word of advice, the FLR(M) guidance notes would have answered most of your questions. Very long posts like your first post put people off responding as it is so much.

[SophVok]

Thank you so much for your response CR001. I'll reply to your queries on my original post:

It is unclear from your post whether he still has a valid visa or not.
Yes he still has a valid visa, it expires 10/07/17.

1.13 - Home Office ref no
Before being granted entry clearance, my husband was in the UK illegally and had applied for ILR before we met (which was refused). He had a HO ref no for this application but this is probably irrelevant now; as it precedes our successful spouse visa application?

It is referring to his reference number he has for the spouse visa. If he has the full length visa in his passport, it is the number in the top right corner of the visa vignette.
Thanks. I think they also ask for the current visa ref no so I thought the HO ref no was something separate.

5.9 – Have you ever been deported…in the past 10 years?
He was deported over 10 years ago (2006) so the answer is no? I don’t want to withhold info but he was deported over 10 years ago so technically the answer is no?

You should answer yes, you should not withhold any information as this could result in a refusal.
We told them on the original application that he was deported so they do know already, I just thought as it says 'in the last 10 years' we should say no, as it was 11 years ago.

7.3 – We meet the financial threshold through salaried employment (mine). I’m currently on maternity leave and have been for the last year, can I still sponsor under cat A? My understanding is that they will assess the 6 months prior to my maternity leave (6th Nov 2015 – 6th May 2016) rather than the 6 months prior to the application.

Not sure. Does he work?
Yes but he doesn't earn enough to meet the threshold, I do so we will be meeting the threshold through my salary alone.

What can we include as evidence of our ‘parental responsibility’ to our son? I have only 2 letters addressed to him and one letter addressed to us regarding him (he's only 1). What else should/could I include - pictures?

Is the form asking for evidence of parental responsibility?
Yes

Do we need to include copies of all documents plus originals or just originals?

Are you applying by post or in person for a same day decision? Your answer will determine what you need to do.
In person.

My passport – it says if applying by post to copy all pages – does anyone know if this also applies to Premium Service applications?

Depends on your answer to the question above this. Have you got a premium service appointment??
Not yet, my understanding is that I can book this as part of the online application process.

Thanks again for taking the time to respond to my very long post. Sophie