Tier 4 to Tier 2 and now FLR(M)?

[shady87]

Hi guys,

I came to the uk with Tier 4 (2011), then moved to Tier 2(2013). I'm getting married in April.
I will be grateful if someone can answer/confirm the below please.

1 - Will I be using FLR(M) to switch to spouse visa?
2 -

2.1 Please tick a box below to show us the category in which you are applying for an extension
of stay in the UK and to confirm that you are also applying for a biometric immigration document.

I choose - Spouse of a person present and settled in the UK and a biometric immigration document

3 -

2.3 Please indicate what stage of extension of leave you are applying for or why you are
choosing to extend your current leave in one of the above categories.

I choose - Second period of leave to remain (following initial grant of leave to remain).

4 -

6.6 Do you and your sponsor currently live together?

Do I have to say Yes since I'll be applying after the wedding?

5 -

6.9 If relevant, have you lived together permanently in the UK with your sponsor since your last
grant of limited leave to remain as a partner?

Do I have to say Yes since I'll be applying after the wedding?
If I say yes do I have to provide council tax bill, tenancy agreement etc?

6 -

Section 7A - Financial requirement

My spouse does not work but I satisfy the requirement. Is that enough for UKBA?

[CR001]

It is possible that the form might change before you apply, so best would be to check once you are married and ready to submit your application.

1 - 4 - Correct

5. No as you are not currently on leave to remain as a partner, unless you have been living together. The question does start with 'If relevant.....'

6. Joint or your own income should be fine.

You need to satisfy the English language requirement too.

[shady87]

It is possible that the form might change before you apply, so best would be to check once you are married and ready to submit your application.

1 - 4 - Correct

5. No as you are not currently on leave to remain as a partner, unless you have been living together. The question does start with 'If relevant.....'
So I do not need to answer this question if we're not living together and will only start living together after the marriage, and I've never had a grant based on marriage correct?

6. Joint or your own income should be fine.

You need to satisfy the English language requirement too.
Yes I got a Masters from the UK as proof of english?

3.10 Your sponsor’s UK address

Should I put our new address?

Correspondence to you and your
partner

If we're both seeing eachother physicall as we were both in the UK do I need to provide these?

What documents do I need to provide apart from Finance, Marriage Certificate, Marriage photographs, Tenancy Agreement. Do I need other bills with spouse name on them eg council tax, electric bill? Any other usefull documents I can include based on your experience

Thanks alot

[CR001]

Please read the FLR(M) form, page 62 onwards, in regards to documents. The guidance notes are also useful.

If newly married, cohabitation documents in not required but proof of adequate accommodation will be required. You also need 6 months bank statements and payslips, employer letter and contract etc.

5. Yes, correct.

6. Yes, correct

3.10 Yes

[shady87]

Please read the FLR(M) form, page 62 onwards, in regards to documents. The guidance notes are also useful.

If newly married, cohabitation documents in not required but proof of adequate accommodation will be required. You also need 6 months bank statements and payslips, employer letter and contract etc.
If my employer provides letter with confirmation that I'm permanent and shows my salary is adequate and also 6 months payslip, what is the bank statement meant to show? a certain threshold? like £900

5. Yes, correct.

6. Yes, correct

3.10 Yes

[CR001]

Bank statements must show the corresponding amount on your payslips and the bank statements must be full/complete statements, not only the relevant page showing salary payment.

There is no 'maintenance fund' requirement for FLR(M).

[secret.simon]

In my opinion, you may be better off continuing on your Tier 2 visa, if it is possible to get ILR based on the Tier 2 visa.

If you switch to FLR(M), your clock for ILR gets reset to zero and you will need to complete five years from the grant of FLR(M) to be eligible for ILR.

[cyborg001]

I will be in the exact same position and will be applying for FLR(M) just a few days after my wedding in Feb.

So while I will say we are now living together and put my sponsor's address same as mine (we will live in my flat), would we need to show evidence of this move? If so, how since it would only be a few days since we would be living together? Unless they expect couples who are marrying to have been living together before marriage! Or is it better to live together and apply after a few weeks?

What other hard evidence of "genuineness" is usually need in new marriage cases? Photos of wedding and travels before, tickets, joint statement, letter from parents, facebook/WhatsApp chats and mobile phone itemised call records etc?

Thanks

[cyborg001]

Anyone who can shed any light on the above concerns please? You may have experience of such cases based on new marriages.

Thanks!

[Casa]

Anyone who can shed any light on the above concerns please? You may have experience of such cases based on new marriages.

Thanks!

In this thread CR001 has written:
If newly married, cohabitation documents in not required but proof of adequate accommodation will be required.

[cyborg001]

Right OK. Just wanted to ensure

One last question related to adequate maintenance funds this time. Even if a couple (or one of them) earn above the £18,600 threshold does the ECO calculate how much net income available each month and how much if left after mortgage and rent and bills etc based on the rent or mortgage of the place?

Does the bank statement need to show any savings each month or a specific minimum closing balance? What if a couple earns well but decides to spend all their money?

Thing is I pay the mortgage but I will not be working at the time of application so we will be relying on my spouse's income which is above 18.6k. Is this an issue?

[Casa]

Without having to trawl back through your previous posts, are you applying under 'adequate maintenance' or £18,600 minimum income?

[cyborg001]

Umm are they exclusive or unrelated? I'm not sure. My spouse current earns £30k (permanent salaried) and has been earning above £27k since last July. We will apply in Feb. So if we use min 18.6k income do they still calculate based on net income after maintenance costs etc? My current rent+mortgage (shared ownership) is £950 pm and I will not be working at the time but will have savings in my account (though under £16k for continuous 6 months).

This is what I want to clarify:

“adequate” and “adequately” in relation to a maintenance and accommodation requirement shall mean that, after income tax, National Insurance contributions and housing costs have been deducted, there must be available to the family the level of income that would be available to them if the family was in receipt of Income Support.

Thanks

[CR001]

HO are only interested in your GROSS INCOME to meet the financial requirements. They are not interested in you spending your money or mortgage payments.

Adequate maintenance is not relevant to your application, meeting the financial requirement is (gross income before tax & NI)

[cyborg001]

Thank you very much! Most appreciated

[shady87]

Hi Guys,

I'm currently on T2G Visa and will be applying for a spouse visa FLR(M) in April.
I have the below list of required documents. Can anyone please confirm or advise if I've covered all the required ones.

​
Application form
Marriage certificate (from my country)
Employment letter
6 months payslip
Council tax bill
Tenancy agreement
Photographs of yourself
Photograph of your partner
Passports
BRP (my current one)
Birth certificates
Bank statements

Any advice/guidance appreciated

[CR001]

6 months bank statements (just saying as you don't mention amount). Documents need to be as recent as possible (the last set at least) and not older than 28 days.

What about the English language requirement you have to meet (unless from an exempt country)?

Marriage certificate in English or not? When did you get married?

You don't need a photograph of your partner.

The fees go up in April by a substantial amount. You might want to apply sooner if you can.

[shady87]

6 months bank statements (just saying as you don't mention amount). Documents need to be as recent as possible (the last set at least) and not older than 28 days.
Yes, I'll have 6 months bank statements

What about the English language requirement you have to meet (unless from an exempt country)?
I'm exempt as I studied in the UK

Marriage certificate in English or not? When did you get married?
In English, Getting married 1st April.
I want to use the Premium Service. Can I apply and pay without presenting documents since I'll present them at the interview?

You don't need a photograph of your partner.
Thanks.

The fees go up in April by a substantial amount. You might want to apply sooner if you can.

[CR001]

What about the English language requirement you have to meet (unless from an exempt country)?
I'm exempt as I studied in the UK Assuming then to degree level and you have the degree certificate to send with your application.

Marriage certificate in English or not? When did you get married?
In English, Getting married 1st April.
I want to use the Premium Service. Can I apply and pay without presenting documents since I'll present them at the interview? There is no 'interview'. You book your appointment and pay online and take all your documents plus copies to your appointment (with your spouse too), they take the documents, you wait a couple of hours and then they give you the outcome. Don't forget the immigration health surcharge of £500.

[shady87]

What about the English language requirement you have to meet (unless from an exempt country)?
I'm exempt as I studied in the UK Assuming then to degree level and you have the degree certificate to send with your application.
Yes it's a Masters Level degree and I'll include the Certificate

Marriage certificate in English or not? When did you get married?
In English, Getting married 1st April.
I want to use the Premium Service. Can I apply and pay without presenting documents since I'll present them at the interview? There is no 'interview'. You book your appointment and pay online and take all your documents plus copies to your appointment (with your spouse too), they take the documents, you wait a couple of hours and then they give you the outcome. Don't forget the immigration health surcharge of £500.
Yes sadly I have to pay the surcharge. I'll be visiting the centre with my spouse and both our documents, original and photocopy.

Can I apply, pay and schedule (In March) the appointment in April?

[CR001]

Not sure if you can do that before you marriage as when you book and pay, you will not be married. I would imagine it would be fine. Maybe someone else could advise.

I expect appointment availability upto and including 5th April to be very difficult due to the rush to beat the fee increase.

[shady87]

Not sure if you can do that before you marriage as when you book and pay, you will not be married. I would imagine it would be fine. Maybe someone else could advise.

I expect appointment availability upto and including 5th April to be very difficult due to the rush to beat the fee increase.

Do you have a link to the documents for the fee increase?

[CR001]

https://www.gov.uk/government/uploads/s ... 016-17.pdf

[shady87]

Hi guys,

I'm currently on T2G and will like to know the Tenancy Agreement requirements.

I moved into my current residence over a year ago on a 6 month fixed term contract. When the six months expired, I started paying on a month to month basis.

So the tenancy agreement I have in my possession is the one that says 6month fixed term. Which obviously has elapsed.

1- Is this required for first application?
2- Must it be fixed term (6 months, 9 months etc)
3- If my agency provided me with a letter saying yes I do reside there and will continue to reside there will that be okay?
4- Do I need to take out another 6 month fixed term contract?
5 - Does my spouse (british citizen) need to be named as a 2nd occupier?

Any advice/guidance appreciated.

[CR001]

Please don't start a new topic/thread with each question you have. Keep your questions in one topic please. Multiple Posting (click)

1. Not necessary but you can submit it.
2. HO are aware that tenancy agreements expire and becomes a periodic tenancy. They are humans too.
3. You can get a letter if you wish.
4. No
5. No (she is not your 'spouse' yet)