Changing category from Tier-1 (General) Partner to FLR(M)

[ResidentEvil]

Hi Experts.

My wife got her T1 General Partner visa in September last year and is valid until Nov this year (i.e. same time as my T1 extension ends). I will be applying for my ILR in June and God willing if I get it, I want to change my wife's visa to FLR(M).

I would really appreciate advise on two things,

1. Can I apply for her FLR(M) anytime after I get my ILR and before her current T1 partner expires.
2. Once she gets her FLR(M), will her time spent in the UK "reset" i.e. Would she need to spend another five years in FLR(M) category before applying for ILR or would the time she has spent already using T1 partner count towards her five years requirement. In case of the former would her five years start from the day she gets her FLR(M) visa? and if it is the latter case, would her five years start from the day she got the T1 partner visa?

Many thanks dears.

[CR001]

She could continue extending her PBS dependent visa until she qualifies for ILR, provided you are applying on the basis of Tier 1 and 5 years residence.

1. Can I apply for her FLR(M) anytime after I get my ILR and before her current T1 partner expires. Yes or continue to extend her PBS dependent visa. For FLR(M), you need to meet the financial requirement and she needs English Level A1
2. Once she gets her FLR(M), will her time spent in the UK "reset" i.e. Yes Would she need to spend another five years in FLR(M) category before applying for ILR Yes or would the time she has spent already using T1 partner count towards her five years requirement No. In case of the former would her five years start from the day she gets her FLR(M) visa? Yes and if it is the latter case, would her five years start from the day she got the T1 partner visa? Not relevant as above

[ResidentEvil]

Thanks very much CR001. Your reply is very helpful.

[ResidentEvil]

Dear Experts,

I will be applying for my ILR in June and my wife's T1-General partner visa expires in November. Instead of extending her T1 partner visa, I want to change her category to FLR(M). I wanted to ask that in case my visa application takes long time, then can I apply for her FLR(M) visa using the application receipt "confirmation letter" from the Home Office. I heard somewhere that I could but they would hold my wife's case until a decision on my ILR is made.

This is very important for me so if anyone could please confirm this or advise otherwise, that will be much appreciated.

Thanks.

[SSWSZ]

You have to write a covering letter to ho and request them to hold her visa till they decide yours .

[ResidentEvil]

Thank you sswsz, that clarifies. As long as the home office accepts her application for FLR(M) while I am still waiting for my decision on ILR, its all well for them to put her application on hold until my ILR decision is taken. My only concern was that they would refuse her application saying that I do not have ILR yet hence she cannot apply for a partner of a settled person.

[SSWSZ]

That's not the case . Dependent can apply with applicant as mostly their visa length is same like main applicants so don't worry u will be fine . It's a standard procedure

[Amber]

Yes, you may request that her FLR(M) application is stayed and decided after your ILR application is approved.

[ResidentEvil]

Thank you both SSWSZ and Amber, your input is much appreciated.

[ResidentEvil]

Dear All

My wife joined me in the UK on the basis of Tier-1 General Partner. I got my ILR earlier this month and would like to apply for FLR-M for my wife. she has been in this country for about nine months now. I have seen the FLR-M form and they are wanting six documents with our joint names or 12 documents with our individual names, spread over two years. And they keep mentioning two years over and over again. Not sure how this works but as mentioned my wife has been here for less than a year and although I do have some documents in both our names but certainly not six or spread over two years. Do I need to submit these six joint name documents or is it the case for family members applying for ILR or second FLR-M extension? I read the guidance and the form but it doesn't really help and says "All Applicants must submit these".

Please help.

Thanks

[ResidentEvil]

Dear Experts,

I am applying for FLR-M (first extension) for my wife as I got my ILR a couple of months back. She came to the UK on the Sept last year on a Tier-1 (General) Partner visa. We got married on May that year for which I went to her home country for ten days.

Now when filling out her FLR-M form, it keeps mentioning a two year period before the application which I don't understand as my wife has been in the UK for less than a year.

It mentions to provide evidence of sustained relationship if you or your partner were living with your relatives or friends for any part of the two years. So do I need to provide evidence of our continued relationship even when my wife was at her home country and before we got married. I had already provided all this when my wife applied for Tier-1 (general) partner entry clearance visa.

It also mentions that I need to provide a letter from relative/friend confirming that my wife was living with them at that time. Is this necessary in my case?

Your help is very much appreciated.

Best regards,
SK

[geriatrix]

Your wife is not applying for "first extension" but "switching" from PBS dependant to spouse of a settled person.

Be aware that if you were granted settlement under PBS route and if she switches to FLR(M), time spent in the UK as PBS dependant will not be considered for ILR. She will only be eligible for settlement only after spending 5 years in the UK on FLR(M) leave.

Six items of correspondence addressed to you and your partner at the same address as evidence that you have been living together since your last grant of leave in this category, or from the date you first started living together up to a maximum of two years.

Which means, evidence for a maximum 2 years (if you have been living together for more than 2 years).

Reading carefully helps!

If you and your partner lived with relatives or friends for some or all of the 2-year period, please provide a letter from the relative(s) and/or friend(s) confirming this.

[ResidentEvil]

Sushdmehta, Thanks. Yes correct, switching form PBS to FLR-M and it will be her first 2.5 yrs FLM-M grant.

So as is the case, do I need to submit the evidence of sustained relationship (Skype, calls etc) for the time when we were not married and she was at her home country. I understand when she moved here in Sept last year so for the time afterwards, this requirement is fulfilled by submitting six items of correspondence but evidence of sustained relationship before she moved to UK I am not too sure as all this was submitted in her PBS dependent entry clearance. Please confirm this.

And also will I need a letter from her parents about her living with them before she moved to UK.

Also please can you confirm why they keep mentioning two years. I don't understand its significance at all.

Many thanks

[geriatrix]

Six items of correspondence addressed to you and your partner at the same address as evidence that you have been living together since your last grant of leave in this category, or from the date you first started living together up to a maximum of two years.

Which means, evidence for a maximum 2 years (if you have been living together for more than 2 years).

Let's try again:
Since you arrived in the UK as a economic migrant, when did you start living together with your wife?

[ResidentEvil]

Since mid September last year. From the day my wife arrived in the UK

Thanks

[geriatrix]

Six items of correspondence addressed to you and your partner at the same address as evidence that you have been living together since your last grant of leave in this category, or from the date you first started living together up to a maximum of two years.

Which means, evidence for a maximum 2 years (if you have been living together for more than 2 years).

So, clearly you have not lived together for two years! Which in turn means you cannot provide evidences of living together to cover a period of 2 years because you have not lived together for 2 years!!!!

Therefore,
provide evidence(s) to cover period from that date (September of last year) until the date of FLR(M) application.

[ResidentEvil]

OK. Thanks a lot for your help.

[ResidentEvil]

Dear Experts,

I need to apply for my wife's FLR-M. I have ILR. It says to provide "at least one other formal document as evidence of ordinary residence in the UK for the last three years". Examples include driving license, bank statements etc.

Please help me explain. If I decide to include bank statements, do I need to include all the bank statements for the past three years or just one dated three years back. And what if that statement (3 yrs old) is on a different UK address than my present.

Many thanks

[CR001]

What is her current visa status?

Did you obtain ILR base on 10 years long residence?

Page 62 "Your Relationship" section lists examples of the types of documents to provide, in either joint names or individual names at the the same address and at least 6 different sources spanning the last 2 years (roughly documents for every 3/4 months).

[ResidentEvil]

Thanks for replying CR001.

Her Visa Status is Tier-1 (General) Partner. I got my ILR a couple of months back on a 5-year route.

Page 62. Yes I understand this and need to provide six items of correspondence.

But what I am referring to is the boxed Note 8 on Page 62 regarding settled Partner's immigration status whereby it asks for a secondary document "as evidence of ordinary residence in the UK for the last three years".

Thanks

[CR001]

Note 8 means your ILR BRP card.

If she switches to FLR(M), are you aware that her qualifying time for ILR will be reset and she will have to wait a further 5 years (2 x 2.5 year visas) on FLR(M) before she can apply for ILR.

She can continue her stay and extensions as PBS Dependent, there is no requirement to switch unless you applied for ILR based on long residence.

[ResidentEvil]

CR001,

Correct. I am aware that her time will reset but if I go through the PBS Dependent route then that will cost me 2 grand more. (i.e she will require two extensions to get to the qualifying five years period anyway as she has been here for roughly a year and PBS dependent extension will be for three years and then I would need one more extension for a year).

With FLR-M it is two extension as well (2x2.5 yrs) but the visa fee is a grand less for each.

Note 8 doesn't mention BRP in any of the example documents (last paragraph). Yes the first document is a Home Office Letter which came with the BRP but the second document as evidence of ordinary residence for 3 years is really confusing me.

Thanks

[CR001]

Re Note 8, the cohabitation documents you need to provide will meet the requirement with your ILR BRP.

Don't forget about paying the IHS Surcharge of £500 before applying.

[ResidentEvil]

"The Evidence Of Ordinary Residence for 3 Years" document they require seems to be in addition to the six documents they require for cohabitation as the latter is under "Your relationship" section (P62) and the former is under "Your Partner's Immigration Status" section (P61 and P62)

Yeah. And that %$@:)£^ IHS. There is no escaping it.You gotta pay that for PBS dependent extensions too

[CR001]

I did not submit what you are asking about for my FLR(M), I only submitted the cohabitation documents and my partners British passport.
You could take 3 years worth of P60s then.