Advice pls...on FLR FP exemption

[Tabz72]

Hi everyone,

I apologize as i'm sure this topic has been discussed but i couldn't find it..

My wife has been granted a 6 month visit visa and she stated on her application that her stay would be 3 weeks as i was out of a job and she was working in her own country.

While her application was being considered i got a job offer, so my wife resigned and our plan now is to stay with me for the whole 6 months period.

My questions are:

1) Should i inform them of her intent to stay for 6 months now.
2) After the 6 months, would i be able to apply for a spouse visa? if so would she have to leave or can her status be changed while in the UK?

Thanks..

Tabz

[CR001]

1) Should i inform them of her intent to stay for 6 months now.

Not necessary, but it is frowned upon as she is clearly not a genuine visitor and she is no longer employed. HO don't like such deception/false misrepresentation of material facts

2) After the 6 months, would i be able to apply for a spouse visa? if so would she have to leave or can her status be changed while in the UK?

She cannot apply for any other visa to remain in the UK while here on a visitor visa. She must apply from her home country.

[Casa]

The 6 month stay after stating the intention to only visit for 3 weeks in her application, may well have an adverse affect on any future visitor visa applications.

There is also the issue that the visitor visa would have been granted taking into the consideration that she has permanent employment in her home country to return to, which is no longer the case.

[Tabz72]

Hi,

Thanks for your reply & advice.

It was never her intention to quit her job as she was our only source of income but as i obtained employment and my salary will be over the financial threshold of 18600 i will want to apply for a spouse visa after my 6 months in job.

Also as we have 2 children, there is no way i can care for them while 'i am in work now, so my wife will be taking care of them ( picking them up from school etc)

Would this affect any spouse visa she was to apply for in the future?

Thanks

[Casa]

It shouldn't affect a spouse visa application, assuming she doesn't overstay her visitor visa and she has no unpaid NHS bills for any medical treatment during her time here.

How do you intend to care for your children when your wife has to return home to apply for her Spouse visa, or will they go back with her?

[Tabz72]

Thanks.

Nooo.. she wont be overstaying her visit visa as i don't want any problems when applying for the spouse visa once I've completed my 6 months at my new job.

My father is here so he can take care of the kids when my wife goes back.

2 questions pls.

When my wife leaves, how long does she need to be out of for the UK for to apply for the spouse visa?
Some forums I've read 1 month others 6 months?

Also to apply for a spouse visa, should i have completed my probation period as for my new job it's 12 months?

[CR001]

When my wife leaves, how long does she need to be out of for the UK for to apply for the spouse visa?
Some forums I've read 1 month others 6 months?

She can apply as soon as she returns home and meets all the requirements.

Also to apply for a spouse visa, should i have completed my probation period as for my new job it's 12 months?

Not necessary, but employment must be ongoing.

[Tabz72]

Hi,

Can someone pls advise me..

My wife is on a visit visa and it expires on 10.02/17.

I am currently unemployed but will start work on 13/11/17 so obviously i won't be able to meet the financial requirements until after my wifes visa expired.

I have spoken to a solicitor and he informed me that as our children and I are british, i don't need to meet the financial requirements and my wife won't be required to leave the UK... is this true??

The thing is, it will be very difficult for my wife to leave the UK and the kids be left alone at home for a period of a few months.

Thanks in advance.

Tabz

[CR001]

I have spoken to a solicitor and he informed me that as our children and I are british, i don't need to meet the financial requirements and my wife won't be required to leave the UK... is this true??

Not really. It puts her on a FLR(FP) 10 year partner route IF she is approved. FLR(FP) applications are heavily scrutinised and some members have been waiting for more than a year for a decision. This is besides the fact that technically you cannot switch within the UK to any other visa. There are many tales of woe on the forum.

The thing is, it will be very difficult for my wife to leave the UK and the kids be left alone at home for a period of a few months.

The easiest route is to do it properly and apply from home country and follow the rules, like everyone else.

[Tabz72]

Thanks for the reply..

Another question pls!

Do i need to involve a solicitor or can i apply directly myself..

Thanks