Switching to FLR(M)

[pentatonic]

I'm currently in the UK as a Tier 4 student and I still have another 2 years remaining on my leave. When I get married later this year, I intend to switch to the FLR(M) category straight away. As far as I'm aware I should qualify under the current rules. However, in the off-chance that the application is unsuccessful for any reason, will my current Tier 4 leave be under jeopardy?

Also, can anyone comment on whether employers tend to be reluctant to hire someone with a FLR(M) leave, given the time-limited nature of it? An alternative plan would be to stay in Tier 4 until I'm done and find a sponsor to switch to Tier 2. Obviously the FLR(M) option is more flexible so is more preferable in general.

[shady87]

As far as I know your Tier 4 will still be valid if you get rejected.
I'm currently on Tier 2 and will be making the switch soon too.

Getting a job and being sponsored to get a Tier 2 Visa is not easy at all.
Easier to be on FLR(M), you still get 2.5yrs and can work with any company without them having to do any extra paperwork. You should have no problems regarding the validity of the visa. Not a lot of people work in the same company for more than 2.5yrs anyways so go for it!

Good Luck.

[pentatonic]

Hi all,

We are just starting to prepare documents for an FLR(M) spouse application, which we plan to submit by the end of August. Most things look fine, though there is a potential issue with the accommodation.

We have a joint tenancy for a flat through a letting agent (just a bog standard AST that you get these days) which is currently agreed up to the end of September. There is no description of the property on the tenancy agreement.

Will it be sufficient to use our tenancy agreement as proof of adequate accommodation, or will I need a letter to confirm that we will be able to continue our tenancy for another year? (There is a good chance that we might want to move at some point next year, and requesting such a letter would almost definitely bind us into renting the same place for another 12 months)

Thanks!

[pentatonic]

This is partly a bump, and also partly to add an extra query as I didn't want to open a new topic.

We're planning to go for the premium processing option. Will I have trouble entering the UK on my existing Tier 4 if I have an upcoming FLR(M) appointment? Just a bit concerned that the border staff could say that I am no longer intending to enter the UK "to study" even though I will still be on the same course for the next year, regardless of the FLR(M) outcome.

An obvious option would be to not book a PEO appointment until after all of my summer travels have passed, but I do like to book things early generally.

[pentatonic]

Hi all,

I've been lurking around in these forums and asked a couple of questions in the past. Today I thought I should share something back.

I've literally just gotten out of PSC Croydon with a successful FLR(M) application. However there was one little (but rather alarming) hiccup along the way.

To cut the story short, about half an hour after my biometrics were taken and while I was waiting in the coffee shop area, my cellphone rang and it was an angry sounding caseworker on the other side. His issue: I stated that I had to meet the the income threshold of £18,600, however I sent in a letter from my wife's university showing a tax-free stipend of only £18,3xx yet I said that I met the requirement anyway. He shouted at me for being unclear on the form, despite me writing absolutely everywhere that the number is required that this exceeds the amount required in table 6.4.2 of the IDI appendix FM 1.7.

He wasn't going to have any of it. I said to be fair the form itself is unclear as there is no provision anywhere on the form for you to fill in the tax-free stipend case. He said, and I quote, 'hundreds of thousands of people fill in this form every year and you're telling me it's unclear?' At this point I just said 'look, I followed exactly what the immigration rule appendix fm-se asked me to do in paragraph 10(g), to the letter. What more do you want me to do?'

He said he would go and talk to his manager. Fifteen minutes later I was granted the LTR.

So I guess this is just a heads up for those of you who are looking to apply using student maintenance stipend under Category C. Not only is this apparently is unusual, it's unusual enough for some IO to not even know about it.

To be fair I went in fully expecting this to happen, but somehow it still hits me by surprise when it actually did.

[leisara]

pentatonic,
My British partner is sponsoring me using his academic stipend. we were refused and appealed. At the oral hearing the Presenting Officer representing the Home Office seemed to be unaware of Category C even while quoting 6.4.1, stating that regardless of the tax-free income, the 18,600 is still required. My sponsor quoted 6.4.2 and we are awaiting our response letter from the judge.

You are right about the form not allowing this method of meeting the financial requirement as everywhere it states "18,600" and only in the guidance does it mention the tax free level.

Your post gives me hope!