Complicated FLR(M) case, really need advice.

[zvfaj]

I'm soon applying for switching to FLR(M) and our case is quite unusual so I really wanted to get some advice on whether I should be concerned about our application.

- We are married but do not currently live together as I study away from home in a university (on a Tier 4 LTR that expires in 2 years). We have included evidence of communication in terms of itemised phone bills as well as regular travel (spanning two years) to see each other in form of bookings and tickets, as well as proof of her hiring a car near where I live because I was moving flats at the time. We have stated that we plan on moving in together after finishing education.
- We don't really have any photos of us together, especially not in a social setting. As someone with social anxiety, I rarely interact with people other than my partner and don't like photos of me being taken. We have mentioned it in a cover letter.
- My partner is in receipt of DLR and housing which means we took the exemption route and showed that she had all £15,000 in saving in the 6 month period prior to the applications. However, we only included one flat in the adequate maintenance calculation, as even though she pays for both, she only had enough savings meeting the 6 month criteria in one account.
- My partner financially supports me so all of the bank statements included in the application belong to her, the application/IHS were also paid by her.
- She is a much older woman than me.

Does this case seem that unusual? It seems that it's going to be difficult to apply and I've been really anxious about the application because our case is fairly unusual compared to most straightforward cases? Are any points (or a combination of them) above likely to lead to a refusal?

[Casa]

You're going to struggle to prove a genuine relationship. Only savings over £16,000 are taken into consideration. Also, if you are applying under 'adequate maintenance' you will have to show the outgoings on the other accommodation. It will presumably show up in her bank statements anyway.

[zvfaj]

I was under the impression that for adequate maintenance route (through the DLA exemption from the normal financial requirements) any amount of savings could be considered providing that savings divided by the weekly amount for the two and a half years plus benefits were above the weekly rent and income support amounts. Is that not correct?

We can show her regular payments for the other accommodation but not in a way that meets the adequate maintenance requirement for that particular flat (her brother gives her money to pay for that particular flat, so it's 3rd party support), which is why we excluded the second flat from our calculation in the first place.

What happens when the HO does not think enough evidence of a genuine relationship has been submitted? We thought that regular communication and travel made a compelling case for our relationship being genuine. Are they likely to just ask us to attend and interview or just refuse the application? And in case of a refusal, are they likely to accuse us of trying to obtain leave to remain through deception (which is certainly not the case here, but them thinking that creates massive complications)?

The problem is that it's unfair for the HO to impose standards on how couples should conduct their relationships and that being sociable and outgoing and liking having photos of you taken is a vital criteria to a relationship being genuine.

I'm just really anxious about this whole thing and not really certain what to do. Any advice would be greatly appreciated.

[cribuphe]

Hello, I got a strange letter from the Home Office regarding a FLR(M) application I made to switch from a Tier 4 visa (which is still valid for 2 years). In the FLR(M) application I specified several medical issues under "additional grounds for leave to remain" and included an older NHS letter as proof of those medical issues.

I got a letter asking about more recent information regarding those medical issues and essentially asking me for evidence of whether I'm "fit to travel" or not and for how long, "in order to assess my application". Am I reading too much into this or does it seem like they're rejecting the FLR(M) application and are considering curtailing my T4 leave? I don't see a reason why they would curtail my current leave but on the other hand I also don't see why they would send a letter with such wording.

Any advice would be highly appreciated. To elaborate, I've been waiting for 2 months so far and have submitted biometric information to them already.

[iamnew]

May be paste the content of the letter after removing any personal information then it would be easier for people to understand and comment

[cribuphe]

Here's the relevant content of the letter. The part that worries me is that they specifically seem to be concerned with whether I'm fit to travel.

"Although we would normally decide your application within eight weeks from the date it was submitted, unfortunately this is not going to be possible in your case.

This is because we now require further information or evidence. See below for details.

<Redacted>

To help me consider the matter, please send me the following documents. Please send ORIGINAL documents as photocopies are NOT acceptable for the purpose of deciding your application.

Documents required:

1. It is noted that amongst your application you claim <Redacted>. However, more up to date information is required in order to asses you application. Please provide a medical report from an NHS consultant detailing your diagnosis, what treatment is being received, the prognosis and whether you are currently fit to travel. If you're not fit to travel, the report should state why this is the case, how long this is likely to be for, and whether any special arrangements could be made to enable you to travel."

[CR001]

Who advised you to list detailed serious medical issues in an application which is so standard and normal process? If you meet the requirements for FLR(M), it was not necessary to add the medical detail or leading HO to believe that you will be a burden on the NHS.

Did you pay the immigration health surcharge?

Are you married or have you applied as an unmarried partner?

One would expect to such medical detail to be provided if you are applying for leave outside the immigration rules on FLR(O) etc.

[cribuphe]

Who advised you to list detailed serious medical issues in an application which is so standard and normal process? If you meet the requirements for FLR(M), it was not necessary to add the medical detail or leading HO to believe that you will be a burden on the NHS.

My partner wanted me to mention it "just in case". It's also a part of how we met and because she suffers from a similar medical issue, family life somewhere else would be difficult.

Did you pay the immigration health surcharge?

Yes.

Are you married or have you applied as an unmarried partner?

Married but living separately as I currently study in university. We do intend on moving in together after I finish (we included phone call logs and regular travel tickets as evidence that we're in a relationship and seeing each other).

One would expect to such medical detail to be provided if you are applying for leave outside the immigration rules on FLR(O) etc.

That's what I'm confused about, the application was on FLR(M) grounds primarily but it ask for any additional reasons and that's why it seems that there's a problem with FLR(M) grounds in the original application even though this letter doesn't mention them.