FLR (FP) Partner/Spouse Route

[T1ent1t]

Dear Respected Members,

I was granted ILR in January 2020 using the SET (LR) route. I was previously granted leave to remain on Tier 1 Entrepreneur route. I now need to apply FLR for my wife and our child. Our child was born abroad. Both are currently on PBS Dependant Leave to Remain which expires on 7 March 2020.

At the moment, we do not meet the financial requirement criteria for FLR (M). From my understanding, my family is only eligible for FLR (FP) Partner/Spouse route?

I am in a fix. I want to apply for FLR (FP) Partner/Spouse Route using the Super Priority service for my family. But, based on the timeline thread, the the wait times are substantially long for the applications made and I haven't come across any member applying for the Super Priority service for this route. I understand this route could be complex, but I need advice if we are okay to apply for this route using the Super Priority service?

This question may sound silly, but what is the likely hood of our applications getting approved? Do I need to mention anything about Article 8 of the European Convention on Human Rights in our applications?

Also, any pointers on the supporting documents we need to provide for a successful application will be highly appreciated.

Kind Regards,

T

[T1ent1t]

Can Respected Gurus/ Members please advice? Thank you in advance.

[T1ent1t]

Apologies for bumping the thread, however, I need some guidance as I will be starting with the application process for my family.

Any help in answering my concerns is greatly appreciated, thank you in advance.

[T1ent1t]

Further to the above, can the respected gurus clarify if it advisable to apply for FLR (M) for my family, even though we do not meet the financial requirement criteria at the moment, and leave it for the case handler to make the decision to switch my family to the 10 year FLR (FP) partner/ spouse route? Thank you in advance.

[T1ent1t]

Respected gurus/ members. Could you kindly answer my queries? Thank you.

[geoeng]

I want to apply for FLR (FP) Partner/Spouse Route using the Super Priority service for my family. I understand this route could be complex, but I need advice if we are okay to apply for this route using the Super Priority service?

I believe you can apply using the super priority service, but as it is stated a standard service application "might take longer if your application is complex, for example you do not meet the minimum income requirement", it seems unlikely a complex application would be processed within the advertised time frame. In this case you would have paid a bunch of extra money for no benefit.

This question may sound silly, but what is the likely hood of our applications getting approved? Do I need to mention anything about Article 8 of the European Convention on Human Rights in our applications?

Not even going to try to guess at the likelihood of success. You need to read the guidance and make your case based on your circumstances.

https://assets.publishing.service.gov.u ... .0-ext.pdf

https://www.gov.uk/guidance/immigration ... ly-members

Further to the above, can the respected gurus clarify if it advisable to apply for FLR (M) for my family, even though we do not meet the financial requirement criteria at the moment, and leave it for the case handler to make the decision to switch my family to the 10 year FLR (FP) partner/ spouse route?

My understanding is that it is the same online application form and answer the questions as they apply to your specific circumstances keeping in mind the requirements that would need to be met to qualify for FLR(FP).

[T1ent1t]

I want to apply for FLR (FP) Partner/Spouse Route using the Super Priority service for my family. I understand this route could be complex, but I need advice if we are okay to apply for this route using the Super Priority service?

I believe you can apply using the super priority service, but as it is stated a standard service application "might take longer if your application is complex, for example you do not meet the minimum income requirement", it seems unlikely a complex application would be processed within the advertised time frame. In this case you would have paid a bunch of extra money for no benefit.

This question may sound silly, but what is the likely hood of our applications getting approved? Do I need to mention anything about Article 8 of the European Convention on Human Rights in our applications?

Not even going to try to guess at the likelihood of success. You need to read the guidance and make your case based on your circumstances.

https://assets.publishing.service.gov.u ... .0-ext.pdf

https://www.gov.uk/guidance/immigration ... ly-members

Further to the above, can the respected gurus clarify if it advisable to apply for FLR (M) for my family, even though we do not meet the financial requirement criteria at the moment, and leave it for the case handler to make the decision to switch my family to the 10 year FLR (FP) partner/ spouse route?

My understanding is that it is the same online application form and answer the questions as they apply to your specific circumstances keeping in mind the requirements that would need to be met to qualify for FLR(FP).

Thank you so much for your inputs @geoeng, appreciate your help!

[T1ent1t]

Respected Gurus,

I am doing FLR (FP) partner application for my wife and child. However, when I get to the IHS payment it says visa type is FLR (M). Is this normal? Please advice. Thank you in advance.

T

[geoeng]

I am doing FLR (FP) partner application for my wife and child. However, when I get to the IHS payment it says visa type is FLR (M). Is this normal? Please advice. Thank you in advance.

My understanding is that it is the same application form for both FLR(M) and FLR(FP). The IHS fee is certainly the same regardless of which route you are applying for.

[T1ent1t]

Thank you for your prompt reply geoeng.

One more clarification please.

I have found the FLR (FP) application form via the partner route to be confusing.

If I choose 'Partner' as the basis for my application (which I feel is the correct choice for my route), the application requires me to complete sections on English language and Financial Requirement, which is not required for this route. On the IHS page, visa type is shown as FLR (M).

However, if I choose 'I am not applying as a family member - I am only applying on the basis of private life in the UK' as the basis for my application, there are no sections for English language and Financial Requirement. On the IHS page, visa type is shown as Family and Private Life - FLR (FP).

I'm confused as to which option to choose as a basis for my application. Also, the description for the latter selection is misleading in that it indicates that the applicant is not applying as a family member.

I have a hunch to select the private life option and complete my application but then, I dont want to get it wrong.

I spoke with a Home Office representative regarding this and they informed me that they cannot answer any questions regarding options to choose on the application form and advised me to consult with an independent immigration consultant.

I will be grateful if anyone can point me in the correct direction, thank you.

[geoeng]

If I choose 'Partner' as the basis for my application (which I feel is the correct choice for my route), the application requires me to complete sections on English language and Financial Requirement, which is not required for this route.

They are a requirement for the Family Life route unless there are exceptional circumstances that would qualify for an exemption, for which I believe there is space in the application form for you to detail reasons why you could not live in another country, any children or other family that would be affected if the application were refused, any other reasons for wanting to stay in the UK, etc.

Also, the description for the latter selection is misleading in that it indicates that the applicant is not applying as a family member.

You would have to review the guidance provided previously to determine whether your family would meet the eligibility criteria for a visa based on private life in the UK. My understanding is that this category is based primarily on residence in the UK rather than having family in the UK and the consideration is first given to any family life routes the applicant would qualify for.

I spoke with a Home Office representative regarding this and they informed me that they cannot answer any questions regarding options to choose on the application form and advised me to consult with an independent immigration consultant.

If you are confused about which route applies to you after having read the guidance and considering your options, this may be the best advice.

[T1ent1t]

I want to apply for FLR (FP) Partner/Spouse Route using the Super Priority service for my family. I understand this route could be complex, but I need advice if we are okay to apply for this route using the Super Priority service?

I believe you can apply using the super priority service, but as it is stated a standard service application "might take longer if your application is complex, for example you do not meet the minimum income requirement", it seems unlikely a complex application would be processed within the advertised time frame. In this case you would have paid a bunch of extra money for no benefit.

This question may sound silly, but what is the likely hood of our applications getting approved? Do I need to mention anything about Article 8 of the European Convention on Human Rights in our applications?

Not even going to try to guess at the likelihood of success. You need to read the guidance and make your case based on your circumstances.

https://assets.publishing.service.gov.u ... .0-ext.pdf

https://www.gov.uk/guidance/immigration ... ly-members

Further to the above, can the respected gurus clarify if it advisable to apply for FLR (M) for my family, even though we do not meet the financial requirement criteria at the moment, and leave it for the case handler to make the decision to switch my family to the 10 year FLR (FP) partner/ spouse route?

My understanding is that it is the same online application form and answer the questions as they apply to your specific circumstances keeping in mind the requirements that would need to be met to qualify for FLR(FP).

Thank you for your reply geoeng, much appreciated.

I contacted an immigration solicitor and his response, for the benefit of others in my situation:

"You should choose the option for applying on the basis of private life in the UK as the application is not as a family member which is for FLR(M) applications.

It is just terminology, you really do not need to worry. FLR (FP) is for people who do not meet the requirements of FLR(M) or for another reason, same as the situation as you are in.

FLR (FP) does not mean that they are not applying as your family members."

[geoeng]

"You should choose the option for applying on the basis of private life in the UK as the application is not as a family member which is for FLR(M) applications.

It is just terminology, you really do not need to worry. FLR (FP) is for people who do not meet the requirements of FLR(M) or for another reason, same as the situation as you are in.

FLR (FP) does not mean that they are not applying as your family members."

I would agree it is just terminology. FLR(FP) is a more or less a catch-all category that includes provisions for applications under both the family life and private life routes. I would suggest the terminology of "private life in the UK" leads to specific eligibility requirements distinct from the family life categories in the immigration rules (see from page 56 of the guidance document previously linked).

[T1ent1t]

"You should choose the option for applying on the basis of private life in the UK as the application is not as a family member which is for FLR(M) applications.

It is just terminology, you really do not need to worry. FLR (FP) is for people who do not meet the requirements of FLR(M) or for another reason, same as the situation as you are in.

FLR (FP) does not mean that they are not applying as your family members."

I would agree it is just terminology. FLR(FP) is a more or less a catch-all category that includes provisions for applications under both the family life and private life routes. I would suggest the terminology of "private life in the UK" leads to specific eligibility requirements distinct from the family life categories in the immigration rules (see from page 56 of the guidance document previously linked).

Thank you geoeng, will keep this is mind.