ILR(after student visa) unmarried partner visa earning issue

[loinkings]

hello,
apologise if the question has been asked before.
I have got ILR on 10 years bases few weeks ago,and my student visa didnt allow me to work before. i am living with my partner (unmarried) and her applicaiton is with the home office and under process . Her t4 application was submitted while she was overstayer less then 28 days but now the grace period has already passed. if she gets her visa refused as her college is already suspended she will be overstayer for more than 28 days and will have serious negative impact on her future application . i started to work the a compnay few days ago. My question

Can she apply FRLM ( we living together for more than 3 years) showing my few weeks work and wage slips(over 18k/year) , is there any exception regarding to this sitution ?
your answer will be appreciated.

[loinkings]

Hello all,
My unmarried partner's teir4 visa is underprosses.her visa already expired and section c and d won't be applied as she submitted application after getting refused for flr(o) in May this year.
I would like to apply for her my dependent visa ( we living together for more than two years )
I recently got ilr on 10 years bases and wasnt allowed to work hence can't show the earnings (but working now ) can I we vary her application into either
Set M or SET Fp?
Which application form can be used considering the situation ?
Will highly appreciate the answer.
Thanks a lot

[Casa]

SET(M) not from within the UK as she has no valid leave and an application from her home country won't meet the financial condition until you can show earnings above £18,600 pro rata for the last 6 months.
Unless you have children together an application under FLR(FP) stands little chance of success.

[loinkings]

Thanks casa for a quick and knowledgeable answer,
so she can't apply SET M and FP .

What options does she have without leave the Country?
many thanks

[Casa]

With no valid leave and without strong family ties, i.e children any application from within the UK is likely to be refused. Once you've been employed for 6 months and can show your annual earnings would be at least £18,600, her best option would be to return to her home country and apply from there. She doesn't qualify for SET(M), that's for permanent residence.
I'm not sure what you mean by her Tier 4 visa is 'under process' but her SET(O) application was refused.

[loinkings]

thanks again for quick response .
here's her short timeline:
she had valid stay(student visa) till decebmer 2012
applied psw got refused in sept 2012
then short after applied for her flr(0) in order to avoid being overstayer (as her visa was expiring 12/2012)

she got refused for flr(O) april 2014
applied for student visa in may 2014 (within 28days after receving refusal decision on flro)

since thn her applicaiton for tier4 is still under process , PENDING and ukvi hasn't made any decision yet .
NOw i thought we would be able to vary her pending applicaiton into any other category such as Flrm or FP but like you said its not possible as i just started working and its not even 6moths.
cheers,

[HakmedBond]

SET(M) not from within the UK as she has no valid leave and an application from her home country won't meet the financial condition until you can show earnings above £18,600 pro rata for the last 6 months.
Unless you have children together an application under FLR(FP) stands little chance of success.

Hello Casa,

I am really struggling to understand the difference between FLR(m) and FLR(fp). If one meets all the requirements does the application need to be on FLR(m)? When there is no child involved is FLR(fp) a straight no? Or rather is it true that if you apply under FLR(m) your application is considered on both routes?

Thank you

@loinkings best of luck with your future application! And sorry to hear that your wife needs to go back home - I understand how upsetting it must be this time of the year to be separated from your loved ones.

[loinkings]

Hi HakmedBond
Thanx for d that .
MY understandings are regarding to your question and what casa said.
flr M used when you can prove that your yearly earning is over 18k (6 months minimum earning proof required)

Fp is used when you can't meet above requirement and you have a strong case ,compassionate circumstances such as wife and KIDS .

[Casa]

For FLR(M) you also need a valid visa to extend.

[HakmedBond]

Thank you for your responses.

Does being under 3c/3d is considered as a valid visa? My visa had expired on Aug 2013 but I had made the application for extension on time and then the appeal; the whole process took over 14 months until the FTT hearing but I did my part on time as requested. Tomorrow I am going to be asking for permission to appeal at UT.

My plan is to submit the FLR(M) once the FTT comes back to me with the decision on permission to appeal at UT - within the 28 day period that is.

[loinkings]

Amber and others certainly can help plz ?
I recently got ilr on 10 years bases , and would like my Unmarried partner to apply as my partner visa . We been in a relationship and living together for over 3 years. The problems is

She applied psw in April 2012 got refused in September 2012 ( old visa was running out on 12/12) hence we applied for flr(o) in order for her to not become overstayer

She got refused again on April 2014 and then witin 28 days of refusals she applied for tier4 visa which is still under process and ukvi hasn't made any decision yet ( collge suspended now ).

Can I vary her application into FLr FP even though we not married yet ( but will marry ASAP).

If not what other options we have as refusal of current application for student she will have no right of apeals and has to leave the country and be barred for a year .

[loinkings]

Amber and others certainly can help plz ?
I recently got ilr on 10 years bases , and would like my Unmarried partner to apply as my partner visa . We been in a relationship and living together for over 3 years. The problems is

She applied psw in April 2012 got refused in September 2012 ( old visa was running out on 12/12) hence we applied for flr(o) in order for her to not become overstayer

She got refused again on April 2014 and then witin 28 days of refusals she applied for tier4 visa which is still under process and ukvi hasn't made any decision yet ( collge suspended now ).

Can I vary her application into FLr FP even though we not married yet ( but will marry ASAP).

If not what other options we have as refusal of current application for student she will have no right of apeals and has to leave the country and be barred for a year .

[MPH80]

You can vary it - but without children (as Casa said earlier) - the FLR(FP) application is more than likely going to be rejected too.

Also - why do you think she'll be barred for a year?

[loinkings]

Thanks for the reply,

Her visa was expired 12/12 while flr(O) was pending . When FLR(O) was refused in April 2014 she she became overstayer .
But we filed another application for tire4 within 28days (taking the advantage of grace period 28days )after the refusal of flro (she' was overstayer for less than 28days).
Now she is overstayer for More than 28days hence if they refuse her tier4 application she be overstayer for more than 28 days and then she has to leave the county .
The bane will automatically applies if someone is overstayed for more than 28 days eventhough if it's not their own fault?
Thanks

[MPH80]

She'll only be subject to a ban if she does overstay after the rejection. If she leaves the country within 28 days after the rejection - she'll be fine.

It's also worth noting that an application on the fiancee or spouse route (once you meet the financial qualifications) isn't subject to those bans.

[loinkings]

Thnx again ,
the time she made application for tier4 visa she was overstayer for 15 days . And if she gets refused now she won't be overstayer for more than 28 days ? The fact is she is not covered under 3c/d.
If she doesnet get ban the best option to apply from back home !
Thanks

[vinny]

RFL5.4 When does rule 320(7B) not apply? rule A320.

[loinkings]

Really appreciate all of you . I really didn't know that or never been told by my solicitor . Life seems less complicated and can see hops now for us .
Thanks again,