Switching back to the 5 year route can I combine previous time?

[dj99]

Hello

Thank you in advance for any help provided I do appreciate it. I am already tired of every 2.5 years having to do this.

Anyway,

My wife's situation is as follows.

1st Visa (2014 - 2016) 5 Year route Visa No issues or problems.
2nd Visa(2016 - 2020) 10 Year route Visa The Caseworker made a mistake. We had £128k in the bank in China from the sale of a property, which we transferred to the UK. We applied for the 5 year route visa using savings from a disposed assets. However the caseworker rejected the 5 year route application due to the money not being in the account for over 6 months even though we were owners of the property for over 5 years. The caseworker instead issued a 10 year visa route visa. We had family healthy issues going on in our lives at the time so we decided not to challenge the decision.

Our new application for the 3rd visa ???

My question is can we return to the 5 year route and add the previous 2.5 years already on the route so we apply for ILR at the end of our next visa?

Also do we use the FLR(M) form?

[CR001]

Switching back to the 5 year route resets the clock and she will need 5 years on the new FLR(M) - 2 x 2.5 year visas - before she can apply for ILR.

You should have challenged the HO mistake at the time as the rules clearly state that funds are not required for 6 months if from sale of assets, providing you did submit all the evidence of source of funds to prove this and did not only submit bank statements for funds.

[dj99]

Cr001,

Thank you for the reply.

We submitted a quantity of evidence showing ownership of the property and the source of the funds in the UK bank account ( certified by an accountant). However at the time it would have been difficult to go through the process of challenging the decision as an additional stress.

Here goes another 2.5 years in the system.......

[Amber]

Hi

I am completing the online FLR (FR) form for my wife's third visa. We have a 9 year old boy who is a British Citizen.

It actually makes more sense to us to apply for an extension on the 10 year partner route now as we still have the same amount of visa applications to reach ILR as if we apply on the 5 year route. My wife is currently on the 10 year route visa but her first visa was on the 5 year route.

I have completed most of the form but I wanted only wanted to our cash savings. I want to confirm the FLR (FP) online form is only used for the 10 year partner route and is never used for the 5 year partner route as the FLR(M) form is.

The documents required page, when reaching the end of the online application, states that we need to provide evidence the funds have been in our account for over 6 months. I also want to confirm that there is no hard financial requirements on this route and by choosing to use savings on this online form I am not somehow applying for the 5 year route.

I addition I want to confirm if we do not submit a new A2 English certificate (£150 additional cost) this will not affect the application as there is no requirement on this route. My wife has an A1 certficate that we used previously.

Thank you in advanced for any advice given.

[Amber]

FLR(FP) is for:

family life as a partner (10 year route)
family life as a parent (5 year and 10 year routes)
dependent child of a person who has, or is at the same time applying for, limited leave to enter or remain in the UK other than under the points based system or UK Ancestry (10 year route)
private life in the UK (10 year route)
leave outside the rules on the basis of family or private life