questions about applying for FLR(M)

[cooperman123]

Can someone help me with a few questions I have about extending my wife's uk spouse visa. Bear in mind that this is the first extension. The first time the visa was awarded was in July 2013 and is due to expire on 12 April 2016

1. Guidance notes for FLR(M) 11/2015 state that the partner does need to have their passport certified. It seems that I just need to copy every page and submit it with the application and ensure I have signed the declaration in section 14. Is that correct?

2. I cannot find anything in the same guidance notes to say that I have to wait until 28 days prior to the expiration date. It simply says she needs to apply before the expiry date? Is it correct that we have to wait until 28 days before or can we apply earlier?

3. My wife does not have a biometric permit. Biometrics were done immediately prior to her visa application in July 2013. Does she need to undertake more biometrics? If so how do we go about doing this please

Any help is appreciated

[ellingham84]

Hi,
1. Yes, although in my wife's application we just submitted my passport as I had no requirement for it for work during the application period and it currently takes around 4-6 weeks to get an answer if straightforward.
2. The part where it talks about time to apply for visas is in Appendix FM section 1.0 5 year partner..., section 4.1 page 13 - not easy to find.

In this section it states "...should not apply for further leave to remain no more than 28 days before their extant leave expires or no more than 28 days before they have completed 30 months in the UK with such leave. Up to 28 days of extant leave remaining at the time of application will be added to the period of leave granted."

I guess this is important if you are applying by post and want to apply in plenty of time if you are planning to go on holiday (me and my wife applied after 31 months and after flrm approval have a visa which extends two months past the period of 60 months) or if you want to apply before the visa fees go up! Could be important to a few people going forward I guess.
3. My wife enrolled finger prints as part of original visa but biometric residence permits were not issued at the time (like yourself). The new process basically means that you submit the form (flrm) and evidence and then UKVI write to you with a code which you take to a post office where you can enrol your data (takes around 15 minutes in total) the post office then sends the data to UKVI and if the visa is successful you receive a permit (same size as UK driving licence) - you don't receive a stamp in passport so need both the passport and residence permit to travel from now on.

[CR001]

1. Yes, correct.

2. If you apply too early, she will end up with a shortfall to meet the 5 year residence requirement for ILR. On what date did she ENTER the UK on her spouse visa? You might want to apply before 18th March as the fees go up by 25% on this day. You also have to pay the £500 immigration health surcharge for her before she can submit her application.

3. Biometrics are done with application that is made. It will be done as part of the process. She cannot do biometrics first and then submit her application. If she applies in person, the biometrics will be part of the process on the day. If she applies by post, HO will write to her and she must take the HO letter to the Post Office to submit her biometrics.

[cooperman123]

Thank you for the kind replies

Yes my wife entered the uk on 17 July 2013. I understand that the fees were going up 25% but I thought it was 6 April
I was aware of that but also aware that I didn't want to apply too early. My wife's visa expires 12 April 2016. So in theory we can apply on 16 March. Am I correct?

Sorry I realised I made a slight mistake with my first question. I meant to say that the guidance states the partner does not need to have their passport certified.
so do I need to have my passport certified or not please?

Just one more thing. I realise I need to pay the £500 surcharge but do I pay the £649 fee(for applying by post)online before I send the documents and form by post or do they claim it from my card on receipt of the application? It's important of course we are so close to the point when the fees go up.

[CR001]

Thank you for the kind replies

Yes my wife entered the uk on 17 July 2013. I understand that the fees were going up 25% but I thought it was 6 April
I was aware of that but also aware that I didn't want to apply too early. My wife's visa expires 12 April 2016. So in theory we can apply on 16 March. Am I correct? Yes

Sorry I realised I made a slight mistake with my first question. I meant to say that the guidance states the partner does not need to have their passport certified.
so do I need to have my passport certified or not please? Not necessary.

Just one more thing. I realise I need to pay the £500 surcharge but do I pay the £649 fee(for applying by post)online before I send the documents and form by post or do they claim it from my card on receipt of the application? It's important of course we are so close to the point when the fees go up. You complete the payment sheet at the beginning of the FLR(M) form to pay the visa fee of £649 and HO will debit your card when they start processing once application is received. Paying online is for in person appointments.

[cooperman123]

Can someone possibly answer me a few question?

Firstly I have a folder containing all the documents. But are we required to provide a set of photocopies as well? We are applying by post so just need to know whether to send originals or originals and a set of photocopies?

I was previous married and divorced before we got together. Am I required to provide them with a copy of my divorce absolute? I provided it with the first application for the visa but now I can't find it. I can obtain a copy but wondered is it necessary since can prove we are legally married and have been living in the uk for the past 2 years 8 months.

My wife has 2 children in her country of origin. 1 is under 18 and the other is 19 years old. They live with their father and grandparents. We are not applying for a visa for them nor did we the last time. But do we have to complete the section about dependents? I thought it was only necessary to complete that part if we are to ask they be included in the application which we aren't doing? The application for extension is for my wife only?

Finally my salary is £28k so easily exceed the financial requirement. I have just the 1 job so easy to get all the documents I need from them. But my wife has 3 separate part time jobs. It's a real hassle getting all the letters and wage slips from them. Since the requirement is fulfilled with my salary is it necessary to submit evidence of my wife's 3 part time jobs? They do add up to £10k but it's always difficult getting letters ect from the 3 agencies

Thanks

[rathernicelydone]

For my successful application I sent either originals or attested copies. So degrees, birth certificate, ID card, marriage certificates were all attested copies. I sent my original passport, TB certificate, UK NARIC letter (confirming English), council tax letter and mortgage statement all with photocopies. I also sent just some copies such as email confirmation of flights, hotel accommodation, wedding receipts etc.

All my attested documents and copies returned yesterday but I am yet to receive my original documents which I hope they have sent via the recorded delivery envelope I provided.

Can't help with the other questions I'm afraid.

[cooperman123]

I am having a problem with the dependents section of the form. My wife is applying for an extension to her visa. She has to children from a former relationship. They both live with her ex partners parents in Colombia where my wife came from. There are no intentions to apply for them to come to the uk. Do we have to mention them in the form? I suspect not since she isn't applying for entry clearance for them to come to the uk? I have a daughter here in the uk. She was born here. Do I need to include her on the application?

Thanks a lot

[Gowiththeflow]

So can I send photocopies of birth, divorce and marriage certificates?

For example, stepson's birth certificate (translation) says at the top "certified true copy", and has official's name underneath. So, can I just photocopy this?

Basically, do I have to send any originals? Would obviously rather not as worried about getting them back. Anyone had any documents that haven't been returned?

Any advice much appreciated.

[omer2013]

Hello all,

If a dependant children entered UK (on spouse/accompanying his mother) with his mother while he was under 18 years in order to join his British citizen father. Now that dependant child is over 18 years. Does he need to apply for extension on seperate FLR(M) OR will apply with his mother as a dependant? Please clarify? Thanks