FLR(FP) Application

[seamoose]

Hi, Im hoping I can get some help clarifying my wife's application to switch her visitor visa to a family visa from here inside the UK.

Our situation is that Im a UK citizen returning to live here to help with my ageing fathers health care. She is a Canadian citizen and we have been married for 16 years.

I decided to apply for the FLR(FP) 10 year route because although I do qualify financially to do the 5 year route, I just don't have all the official supporting documents here in the UK (my bank statements are all online and not on official bank headed paper etc). I work here now but only have 2 months of records & my Canadian records may not suffice to prove last years income.


We have been in the UK together for the past 5 months and now, its within 28 days of her current visitor visa permission to stay expiring (which is the earliest that we can apply according to https://www.gov.uk/uk-family-visa). I was hoping to book into a premium one day service meeting, but they are all booked up to the end of Feb. Our other alternative is sending off the application by post.

Im worried at the moment that her visitor visa will expire before we can get an appointment, (or before a postal application could be processed). Should this be a concern, or is the fact that we have paid the fee and submitted our notice sufficient to allow her to stay here during processing

[CR001]

Do you realise that it is not permitted to switch to any other visa while in the UK as a visitor?

You are in for a difficult time with an FLR(FP) application. Many have tried to do this application from a visitor visa and been refused, even some with very small British children.

These application can also take in excess of 12 months for a decision.

[seamoose]

Im very confused by the language on the page https://www.gov.uk/uk-family-visa
Firstly it states...

If you’re in the UK..
If you came to the UK on a different visa, you might be able to switch to a family visa to stay with your:
- spouse or partner


And later on the same page.


When you can’t get a family visa
You have a visitor visa or a visa for 6 months or less
You’ll usually need to leave the UK to apply for a family visa if either:

you have permission to be in the UK as a visitor
your visa is for 6 months or less

[CR001]

If you’re in the UK..
If you came to the UK on a different visa, you might be able to switch to a family visa to stay with your:
- spouse or partner

This refers to other visas (non visitor), i.e. work permit, student visa, ancestry visa etc.

And later on the same page.

When you can’t get a family visa
You have a visitor visa or a visa for 6 months or less
You’ll usually need to leave the UK to apply for a family visa if either:

you have permission to be in the UK as a visitor
your visa is for 6 months or less

Exactly, she has been admitted to the UK as a visitor, which is a maximum stay of 6 months, which means she cannot switch within the UK.

[Casa]

As CR001 has already mentioned...FLR(FP) Partner 10 year route to settlement is a very long and bumpy path to take, with a high chance of refusal. Also bear in mind that while your wife is waiting for a decision, she won't be able to work in the UK or travel outside of the country, as the Home Office will retain her passport. Neither will she have free access to the NHS and any treatment will be charged at 150% of the cost.

In any event, a FLR(M) application will fail as you don't yet have 6 months of payslips + the corresponding bank statements to show that you meet the minimum income level of £18,600 p.a.

[seamoose]

oh no, looks like I have massively misunderstood the process.
Does she have to apply from her home country or would it be possible for her to apply from the Republic of Ireland?

[Casa]

oh no, looks like I have massively misunderstood the process.
Does she have to apply from her home country or would it be possible for her to apply from the Republic of Ireland?

Your wife can only apply from her home country. The same situation would arise in Ireland, due to her being present as a visitor.

I know personally of a very similar case to yours, where the South African national wife arrived in the UK as a visitor with her British husband. Her husband was returning to take care of his 80+ years old parents; one who is disabled and the other blind.

Her application to remain was denied due to having entered the UK as a visitor. She returned to her home country, submitted a Spouse visa application and subsequently returned with the legal right to reside here.

[seamoose]

Thanks for the clarification & your valuable input on this!

Looks like our bets option at the moment is for here to go back to Canada for a visit, then come back here on a renewed visitor visa. Then in May when I have been with my job for over 6 months & qualify to sponsor her on the FLR(M) route she will go back to Canada and apply from there.

If she was to go back to Canada & stay until I qualify for FLR(M) now that would be too long a time apart and very hard on me as I care for my Father. As long as she has a valid visitor visa for the duration of her stay here it shouldn't jeopardise our application when the chance arrises after May. (and she will be applying from her home country). Is my thinking correct on this?

Thanks so much!

[CR001]

If she has spent almost 6 months here already, the liklihood of her being admitted again after a short trip back to Canada are slim. She should not be spending more time in the UK as a visitor than she does in her home country.]

Do you realise that if you claim certain benefits as your fathers carer, you will be exempt from the financial income requirement?

[Casa]

Also bear in mind that your wife won't be applying for a FLR(M) visa in Canada. It will be a Spouse Settlement visa application.

[seamoose]

If she has spent almost 6 months here already, the liklihood of her being admitted again after a short trip back to Canada are slim. She should not be spending more time in the UK as a visitor than she does in her home country.]

Do you realise that if you claim certain benefits as your fathers carer, you will be exempt from the financial income requirement?

I have looked into claiming carers allowance, which would exempt me from the financial requirements, but eligibility requirements state "you’ve been in England, Scotland or Wales for at least 2 of the last 3 yearEngland", but Ive been in Canada for 16years.
I'm not 100% sure if the requirement is different in Northern Ireland where I live.

Seems like a difficult requirement to make for people returning home to help care for sick or injured family.

[seamoose]

If anyone on this very helpful forum could clarify a question for me I'd be very grateful.

I'm from the UK, just returned after 16 years in Canada. My wife is currently in Canada waiting to join me and she is about to apply for a 'visit family Visa'. On the application website (www.visa4uk.fco.gov.uk) the options for duration of a 'Visit family visa' are 6 months, 2 years 5 years & 10 years.

If she gets the visit family visa & comes here, the Uk immigration webpage (www.gov.uk/uk-family-visa) states:

If you’re in the UK
You can apply to extend your stay with your family member if you’re already in the UK on a family visa.
When you can apply to extend or switch
The earliest you can apply is 28 days before your current permission to stay in the UK expires.

This makes me think if she gets a visit family visa for 6 months, then after 5 months we can apply to switch/extend her visa via the FLR(M) application which would allow her to remain in the UK for 30 months..........however later on the Uk immigration page (www.gov.uk/uk-family-visa) it states:

When you can’t get a family visa
In some circumstances you can’t apply for, or switch to, a family visa.
-You have a visitor visa or a visa for 6 months or less
You’ll usually need to leave the UK to apply for a family visa if either:
- you have permission to be in the UK as a visitor
- your visa is for 6 months or less

Does this mean she would need to apply for a 2 year visit family visa to qualify for extend her stay here (therfore having to wait 23 months to apply via FLR(M) ), or it it fine as she is already here on a visit family visa and that is just referencing 6 month visitor visa?

Thanks very much for any guidance, Im afraid to misunderstand this and take the wrong course of action. I realise she could apply from outside of the UK but it would take longer to process the application as I do not qualify to sponsor her via FLR(M) until May when I can meet the financial requirements.

[vinny]

No. A visitor cannot switch to FLR(M).

[metanoia]

It is highly unlikely she'll get her visit visa granted if she only been returned recently after 5 months in UK.

[vinny]

Posts merged.