No P60 or tax return yet

[lian_nh]

Hi guys,

My partner was granted a visa outside the Immigration rules on an exceptional basis because of our family life. Now he's due to apply for a new visa, i'm not sure if it's the FLR (M) or FLR (FP) application form we need to use? I would assume if this was his first visa, then it's the FLR (FP) we need to use but still it's confusing and seems a bit more work with the FLR (M) form as well.

In the HO letter that granted him the visa, they said if his circumstances change, then we need to let them know and apply for further leave under a different basis. We're not sure if these changes are deemed significant enough for us to have to switch to the partner route, and not private family life:

1. He wasn't allowed to work before so I was the main provider. But now we open our own business where he's the director and i'm the admin manager.
2. Our annual income (on paper) is £35k
3. Our family grew to 4

Side note: He was an overstayer for a few months. He is getting divorced from his ex-wife.

To be honest I would still prefer we carry on with the family life route as I feel we'll have a lot more to say/prove our case to stay in the UK due to his previous immigration offence.

But please let me know your thoughts!
Thanks/

[vinny]

Can you give a timeline and details of his Immigration history?

[lian_nh]

He came to the UK in 2010 under Tier 4 Student visa.
Granted a spousal visa based on his previous marriage in 2011. This visa expired in Dececember 2013 and he was taken into detention in September 2014 due to overstaying.
He was then released under Human Rights (ie have an ex and a girlfriend/partner (me) who both have British citizenships - I was also pregnant with our first child).
We then appealed and attended a court hearing in March 2016.
His current leave was then granted in June 2016 under the outside Immigration Rules category because of family life. This will expire in about a month time.


The letter from HO did say that he would need a continuous 120months visa in order to apply for settlement.

[vinny]

I think that he may switch to FLR(M) as your unmarried partner, subject to D-LTRP.1.1. and Appendix FM-SE, etc.

Evidence of at least 2 years cohabitation, akin to marriage required.
Probably safest with at least A2 English Language.
Etc.

Read these rules very carefully.

[lian_nh]

Thanks Vinny, so if we were to switch to FLR M, does this still count towards his 120months to settlement?

Also in terms of financial documents, do I have to submit my bank statements, employment confirmation aka accountant's letter + P60s, as well as his own?

His annual salary is £25k which is well over the requirements anyway

[vinny]

SET(M) will require another sixty months from grant of this initial FLR(M). The FLR(M) may also count towards the current 120 months.

See also Appendix FM-SE for required financial documents.

[lian_nh]

Thanks again Vinny. I'm mainly concerned about whether to submit my financial docs to support the application as well, as I think his own bank statements and other financial records should be enough for the £18600 limit. At the moment he earns £25k and we have a joint saving account.

[lian_nh]

My partner is extending his visa under FLM FP route. We run a business together. The business was incorporated in July 2016 and didnt start trading until November 2016.

He is listed as the director, but according to the accountant, as he is employed by the company through the payroll system, technically he is an employee. And the payroll scheme didn't start until April 2017. So we don't have any payslips beyond that. They have provided us a letter stating his job title, annual salary, and confirmation of genuine payslips etc. However we only have a draft copy of the P60 and no CT600 for the business as they havent submitted the tax return for 2017-2018 yet. We do have copies of the business unaudited accounts for 2016-2017 and 2017-2018, so can we use them instead of the official P60 and CT600?



Thanks