Unmarried FLR (M) - 20 days short of 2 years living together

[Daseca]

Hi

I'm from NZ and currently on a Tier 5 YMV that expires on 10 September 2015. I arrived on 01 October 2013 and have been living with my British partner from the day I arrived - we are not married. As our two years living together would be reached on 01 October 2015, I'm 20 days short from when my current visa expires.

We started going out in NZ in February 2012, and did live together for a couple of months in NZ but I have no evidence of that as this was coming up to the end of her time there before she left in November 2012, and she did not have any bills/letters etc coming to the address. That said I do have evidence of shared flights but appreciate this carries little weight (I also visited her in the UK for 2 1/2 weeks in April 2013 and lived at her address).

So effectively the only real evidence we have of living together is from 01 October 2013. From this time we have strong evidence including joint council tax bills, tenancy agreement, water rates, bank statements and home and car insurance. I have a permanent role with a large UK business earning over 18,600gbp.

I've spoken with a solicitor who has floated the idea of lodging an FLR (FP) application by post just before my current visa expires, which will obviously take some time to be assessed, then submitting a request to vary the application to FLR (M) on 01 October 2015, as soon as we hit the two year period.

Has anyone heard of this approach before? Even though I will meet the two year period on 01 October 2015, will I still be caught by the provision that says it must be met 'on the day the application is lodged' if I vary the application from (FP) to (M)?

Is the 20 day shortfall insignificant enough to make it worthwhile submitting a postal FLR (M) application in the first place - given our relationship dates to 2012?

Appreciate anyone's thoughts.

[SoHopeful]

I don't think that will be an issue but hopefully one of the moderators can share their views.

[CR001]

Apply for FLR(M) on the last day of your visa (or the day before), sent it recorded signed for delivery. By the time it gets to a caseworker, you should have reached the two year requirement.

Pointless applying for FLR(P) and paying the application fee and the IHS Surcharge only to vary your application after 20 days and have to pay both visa fee and IHS surcharge again.

[Daseca]

Thanks CR001. I think you're right, either way the two years will have been passed by the time it's properly assessed by a caseworker.

[Daseca]

Hi

I'll be applying for FLR(M) in early September, and have been working for the same employer since November 2013 earning over 18,600 gbp.

I work for a very large organisation and I did ask for a reference letter to meet the requirements of Appendix FM-SE. However as the business is so large, all references are issued from a central team to a standard format. The letter has come back with the following info:

Employee name: [my name]
Dates of Employment: [date] to Present Date
Job Title: [my job title]
Terms of Employment: Position is established on a Full time basis
Basic Annual Salary (gross): [my salary]

So it doesn't seem to technically cover "the period over which they have been or were paid the level of salary relied upon in the application" or " the type of employment (permanent, fixed-term contract or agency)".

However, I do have my initial confirmation letter & contract from when I started in 2013, confirming my start date, that I'm permanent and that was starting salary was over 18,600 gbp etc.

My question is, given I have my original contract/employment letter, is the reference they have provided likely to be sufficient as it is worded? Or should I try and push ahead with the HR team trying to get them to issue a non-standard letter more closely aligned to Appendix FM-SE.

Any thoughts appreciated!

[Obie]

Pointless applying for FLR(P) and paying the application fee and the IHS Surcharge only to vary your application after 20 days and have to pay both visa fee and IHS surcharge again.

I don't think that is right. A variation from FLR(FP) to FLR(M) result in additional fees at all.

That will undermine the rationale behind the variation regime if such was the case.

I will not disturb the other advise as it seems spot on.

[geriatrix]

Or should I try and push ahead with the HR team trying to get them to issue a non-standard letter more closely aligned to Appendix FM-SE.

Yes., should. Tell them you need it for immigration purposes (perhaps quote the exact text from appendix FM-SE) to convince them.

If the request is refused, then you have no choice but to use the letter from the past along with the letter that has been issued to you.