Applying for FLR (M) again

[josh_denne]

Hello,

I have searched various places about this subject but I can't find a definitive answer. I hope some of the experience on this forum can help!

I am a British national (born here to British parents). My wife (Ecuadorian) is here on a 5 year spouse visa. She arrived in 2016, completed and successfully reapplied for her extension in 2019 which is soon due to expire.

She would now be eligible for IDL, but for a variety of reasons she has not taken the Life in the UK test, and she wont be ready by the deadline. Neither has she passed B1 English (although she did pass A2 for the 2019 extension).

1 - Can we apply again for FLR (M) and add another 30 months?
2 - Do we need to explain why she is not applying for IDL and instead extending again in the application?
3 - Will she be able to apply for IDL as soon as she completed the Life in UK and English B1 exams, or will we have to wait until the next visa completes?
4 - Since her last application we have had a child together who is (I assume in law?) a British citizen (born here to a British parent), does this change anything about the requirements?

Many thanks for any answers you can offer.

Josh

[AmazonianX]

Hello,

I have searched various places about this subject but I can't find a definitive answer. I hope some of the experience on this forum can help!

I am a British national (born here to British parents). My wife (Ecuadorian) is here on a 5 year spouse visa. She arrived in 2016, completed and successfully reapplied for her extension in 2019 which is soon due to expire.

She would now be eligible for IDL, but for a variety of reasons she has not taken the Life in the UK test, and she wont be ready by the deadline. Neither has she passed B1 English (although she did pass A2 for the 2019 extension).

1 - Can we apply again for FLR (M) and add another 30 months? Yes
2 - Do we need to explain why she is not applying for IDL and instead extending again in the application? A note abou this suffices, HO sees lot of similar situation.
3 - Will she be able to apply for IDL as soon as she completed the Life in UK and English B1 exams, or will we have to wait until the next visa completes? Can apply immediately
4 - Since her last application we have had a child together who is (I assume in law?) a British citizen (born here to a British parent), does this change anything about the requirements? [align=center]Besides supporting continued relationships/marriage it does not change a thing.
[/align]
Many thanks for any answers you can offer.

Josh

When will her current leave lapse?

[josh_denne]

Hi Amazonian,

In March 2022.

We have started the FLR (M) paperwork and have been collecting the required evidence.

[CR001]

Simply apply for an extension before visa expiry. No reason for a 3rd extsnsion is required to be provided.

[josh_denne]

Thank you for your responses.

I have a further question.

I own the house in which we live, its a 4 bed. We completed the purchase and moved in last December (2021). We are the only occupants of the property (2 adults, one child), do I need to provide a housing inspection report?

Thanks for any help you can offer.

[AmazonianX]

Thank you for your responses.

I have a further question.

I own the house in which we live, its a 4 bed. We completed the purchase and moved in last December (2021). We are the only occupants of the property (2 adults, one child), do I need to provide a housing inspection report? No need for housing inspection report.

Thanks for any help you can offer.

[josh_denne]

Thanks again Amazonian.

Are you able to point to the area of the immigration rules that specify this - i have searched and searched but i cannot find anything specific.

[AmazonianX]

Thanks again Amazonian.

Are you able to point to the area of the immigration rules that specify this - i have searched and searched but i cannot find anything specific.

The list and or information provided are not sufficient or detailed enough.
If in your own property that you are submitting the mortgage and ownership documents in your case a 4 bed property with 2 adults and à child, the purpose of housing inspection report to déterminé space available and not overcrowded is defeated.

[josh_denne]

Hi Amazonian,

Sorry if my question wasn't clear enough. Is there a specific paragraph(s) of the immigration rules that refers to the need for housing inspection reports and in which circumstances they are required?

[josh_denne]

Hi Again,

We are almost ready with all of our documents for the visa application.

I have a question about one of the questions in the application form. The question asks:

Have you lived with your partner since your marriage or civil partnership?

We have answered "Yes" as we have lived together for over 5 years, since my wife arrived in the UK. However there was a period of around 2 years following our marriage that we did not live together. This was because she was finishing her university course, and then I was made redundant and had to find a new job and work the minimum time (6 months from memory) to qualify for the visa.

The question is ambiguous as it could be read as "lived together continuously" or "lived together for any period since we were married".

The application form is submitted with the answer "yes". This is the same as the last FLR (M) application that we completed in 2019.

Obviously we don't want this minor inconsistency to come and bite us when she applies for IDL in a few months. Should we add a note to explain that there was a period during which we didn't live together following marriage?

Thank you for any help.

[josh_denne]

So sorry to bump my own post but my time is running out. Any comments on the question in the post above?

[AmazonianX]

So sorry to bump my own post but my time is running out. Any comments on the question in the post above?

You gave particular response before that got your application approved. Did you provide same clarification previously?