FLR(FP) spouse visa

[fiona113]

Hi guys I’m not sure if I should create a new topic, but thought I’d try it here first.
I’m about to start my FLR(FP) application. I’m hoping to get some advice on my case.
I’m on student visa (has been extended once and expires in 30 Jan 2019) and living with my English husband in the UK for about 7 months. We’re also expecting our baby girl next month.
1. Does my case fall into the private life or 10 year partner route category?
2. We want to go for the same day service since I want to get to work in order to switch to flr(m) asap, but we’ve been told the application must be straightforward. I’m wondering if my case is straightforward with my child being born here to a British father before the application, provided that all supporting documents (proof of relationship, accommodation, etc.) are included? Has anyone been refused at the premium centre?
3. I’m struggling with presenting my case. Do we have to write a cover letter to just basically say e.g. “according to this law that policy I believe I have the right to remain in the uk with my newborn baby?”

Thanks in advance for any help. If it’s not allowed here please let me know.

[CR001]

Does your husband not in order to apply for FLR M??

If you go FLR FP, it would be the 10 year partner route.

[fiona113]

Thanks for your reply. He already works full time with only £17000 pa. His company doesn’t pay for overtime, sadly.

Does your husband not in order to apply for FLR M??

If you go FLR FP, it would be the 10 year partner route.

[physicskate]

We’re also expecting our baby girl next month.

3. "I have the right to remain in the uk with my newborn baby?”

Thanks in advance for any help. If it’s not allowed here please let me know.

But the view of the UKVI is that you don't have a newborn. Wait to apply after your child is born.

Your case is NOT straightforward and unlikely to be decided if you went for a same day appointment.

[fiona113]

We’re also expecting our baby girl next month.

3. "I have the right to remain in the uk with my newborn baby?”

Thanks in advance for any help. If it’s not allowed here please let me know.

But the view of the UKVI is that you don't have a newborn. Wait to apply after your child is born.

Your case is NOT straightforward and unlikely to be decided if you went for a same day appointment.

Thank you for your advice! Yes we are aware of the timing of the birth. We do intend to apply after she is born. I’m at the information and documents gathering stage atm as it’s definitely going to be more hectic once she is with us!
So which grounds do HO base on when deciding the straightforwardness? Sorry for my ignorance as I’m still confused cos I’m here legally and my husband does not have a criminal record. Is it because we don’t meet the financial requirement atm? TIA.

[bathanza]

UKVI will go through the eligibilty based on the immigration rules and complex is anything that falls outside the rules.

You're not an overstayer and are legally residing in the UK but unfortunately you do not fulfil the FLR M spousal route due to financial circumstances. So you do via FLR FP partner route.

However, need to check if the shortfall of income can be covered in savings route instead? Research that dear.

Now there's a pinned post above about my husband's case. He had NO VISA and due to complexities of the past we submitted a FLRM KNOWING he does not fulfil criteria. It was more to prove we had a marriage and are eligible ..anyway. we got approval as a same day service under partner route this August 18.

You will have an exceptional circumstance to meet the requirements for a partner route because of your child.

The FLR FP Partner route is not determined by income. Check the rules and eligibility. Although would be easier after birth but in my circumstance (pregnant with a chronic incurable disease) it would go against his Article 8 Human Rights and they couldn't refuse us.

Focus on yourself your health, facts of father having a British child..if they cannot make a decision on the day they will pass it over to further enquiries. They won't refuse you with a British child. Apply before your visa expires dear and sort out the girls birth certificate and passport. And for sure..do premium service

[physicskate]

So which grounds do HO base on when deciding the straightforwardness? Sorry for my ignorance as I’m still confused cos I’m here legally and my husband does not have a criminal record. Is it because we don’t meet the financial requirement atm? TIA.

I base my advice to not apply in person because you are asking for FLR outside the immigration rules. You are asking for an exception to the rules because of your relationship with your partner and the fact that you have a British child (well, will have)...

By this fact, it makes your situation complex because it does not fit the rules.

There are some (few?) FLR(FP) decisions that can be decided at same day appointments, and you would need to weigh up the cost risk that it will not be decided on the day, and yet you have paid so much for that and will not get the money back. Many FLR(FP) applications decided same day are renewals... but fewer are initial applications. I don't consider it worth the risk, but you might...

[fiona113]

However, need to check if the shortfall of income can be covered in savings route instead? Research that dear.

Now there's a pinned post above about my husband's case. He had NO VISA and due to complexities of the past we submitted a FLRM KNOWING he does not fulfil criteria. It was more to prove we had a marriage and are eligible ..anyway. we got approval as a same day service under partner route this August 18.

You will have an exceptional circumstance to meet the requirements for a partner route because of your child.

The FLR FP Partner route is not determined by income. Check the rules and eligibility. Although would be easier after birth but in my circumstance (pregnant with a chronic incurable disease) it would go against his Article 8 Human Rights and they couldn't refuse us.

Focus on yourself your health, facts of father having a British child..if they cannot make a decision on the day they will pass it over to further enquiries. They won't refuse you with a British child. Apply before your visa expires dear and sort out the girls birth certificate and passport. And for sure..do premium service

Thank you. I’m sorry to hear about your prenancy complication. I’m glad your husband has been finally granted the visa!

I did research on using both income and savings but unfortunately my saving account would not be eligible because of the 6 month untouched rule.

Yes my priority now is our daughter’s wellbeing. We will include her birth certificate and passport. I’m guessing it also depends how we present our case to the case worker, proof of relationship etc.

You’re right. Making the application after the birth would be easier to convince them that we are a genuine couple.

[fiona113]

So which grounds do HO base on when deciding the straightforwardness? Sorry for my ignorance as I’m still confused cos I’m here legally and my husband does not have a criminal record. Is it because we don’t meet the financial requirement atm? TIA.

I base my advice to not apply in person because you are asking for FLR outside the immigration rules. You are asking for an exception to the rules because of your relationship with your partner and the fact that you have a British child (well, will have)...

By this fact, it makes your situation complex because it does not fit the rules.

There are some (few?) FLR(FP) decisions that can be decided at same day appointments, and you would need to weigh up the cost risk that it will not be decided on the day, and yet you have paid so much for that and will not get the money back. Many FLR(FP) applications decided same day are renewals... but fewer are initial applications. I don't consider it worth the risk, but you might...

Thank you for your insight. I understand what you’re saying. As a matter of fact I’m still debating whether it’s worth it just like you said. I’ve also heard of FLP(FP) granted on the same day in some cases, so they must have had strong grounds with exceptional circumstances which might cause the HO thousands of pounds if they were to be sued.

Anyway I’m focussed on our child since it is the most important thing to do at the moment.