Switching from FLR (FP) to FLR (M) - question on online application

[sgabbas]

Dear All,

I need help with 2 questions on online application.

My wife applied for first FLR (M) visa in 2018 after I got ILR. HO refused FLR (M) for failing to prove income of £18,600 but issued 10 year route FLR (FP) as partner because she had a parental responsibility to a British child. This visa is due to expire in January 2021. We would like to apply for a fresh FLR (M) to switch from FLR (FP) to get back to 5 year route.

Question on online application is;

Please choose the reason you are applying for an extension, this includes if you are switching to a partner visa from another type.

· First extension as a partner (following an initial period of entry as a partner, or as a fiancé(e) or proposed civil partner of a settled person)

· Additional extension as a partner

· First application as a partner from within the UK (for example, you are currently in the UK on another type of visa or permission to stay)

· You delayed your travel to the UK by more than 3 months after the issue of a visa and have not yet completed the required amount of time on a partner visa (not including as a fiancé(e) or proposed civil partner)

· You require more time to meet the Knowledge of Language and Life in the UK requirements to apply for settlement

· You were granted entry as a fiancé(e) or proposed civil partner, but have not yet married or entered into a civil partnership

· You are applying for any other reason

I think the answer is option 3 above. But I am confused that this is not the first application because she applied for FLRM last time. Although the FLRM was refused and rather FLRFP was given, they both are the partner route. So, how this is the first application as partner. Please help me with this.

Q.2 With last FLRM application, level A1 English was required. My wife provided B1 which was completed in September 2017. As we are applying again for FLRM, would the same certificate B1 is acceptable? as this is now more than 2 year old. I understand that if an English Language certificate was provided and accepted with last application, it is acceptable with new visa application even it is now more than 2 years old. is this correct understanding? Also, my doubt is, we last time applied for FLRM but was only issued FLRFP in which English language qualification is not even compulsory requirement. Do my wife need to redo A1, A2 or B1 or the same is acceptable.

I hope you hear from someone soon.

[bathanza]

Hiya,

Recently completed a switch so I do know the answers.


Choose: First application as a partner from within the UK (for example, you are currently in the UK on another type of visa or permission to stay)

As for English test, it is 2 years from passing test. A1 is the minimum.

Do make sure you apply before IHS fees increase, no point in wasting money especially if you don't need to rely on any specific time for ILR on her route. Fees increase 1st Oct 2020. If you can get an exam booked quicktime before then it'll be better for you.

(IHS) is set to increase from £400 to £624

[sgabbas]

Hi Bathanza,

Thank you for your reply.

I note your comment for Q1.

However, could I clarify the Q2 please? are you saying the last test taken at B1 level is not acceptable with this application because it is more than 2 years old?

Thank you once again.

[sgabbas]

Hi Bathanza,

Thank you for your reply.

I note your comment for Q1.

However, could I clarify the Q2 please? are you saying the last test taken at B1 level is not acceptable with this application because it is more than 2 years old?

Thank you once again.

[seagul]

Better to redo the A1/B1 English test:

32D. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement),

https://www.gov.uk/guidance/immigration ... d-evidence

[bathanza]

Better to redo the A1/B1 English test:

32D. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement),

https://www.gov.uk/guidance/immigration ... d-evidence

Agreed, just re-do the test to avoid a repeat refusal or appeal process

[sgabbas]

Hi Seagul,

Thank for your reply.

My problem is that I only I am unable to book a retest and get the result in time to apply before 1st October to save the additional IHS.

On a second note. the last application was not a refused, or was it? FLR (M) was refused but FLR (FP) was given. and they both are partner route. and as you quoted 32D, the result of B1 was already part of last successful application on partner route.

your expert opinion would be much appreciated.

[seagul]

Hi Seagul,

Thank for your reply.

My problem is that I only I am unable to book a retest and get the result in time to apply before 1st October to save the additional IHS.

You can still apply before 1st October and upload the English test at later. Alternatively, if you have a foreign bachelor degree then may consider to get it assessed by Naric in lieu of English test.

On a second note. the last application was not a refused, or was it? FLR (M) was refused but FLR (FP) was given. and they both are partner route. and as you quoted 32D, the result of B1 was already part of last successful application on partner route.

your expert opinion would be much appreciated.

Since near past the Flrfp application has been asking English language test as per few members which wasn't the case antecedently means your B1 hadn't realistically swayed that decision, whence, you will need a brand new test.

[bathanza]

What i would suggest is to include the B1 information as part of the cover letter. Depending on region you can certainly book A1 test in London. Attempt the booking EVEN if you get the appointment after 1st oct.

Once you get the cert just upload/provide ref number by uploading in document centre in UKVACS

in the coverletter its highly important you reference lack of appointments and that you will provide evidence ASAP.

Also reference B1 was passed so applicant is competent in English.

[sgabbas]

Hi,

I managed to book the B1 test appointment for tomorrow.

Thanks to all of you for your input.

[sgabbas]

Hi,

One more question.

Is the bank statement printed from internet banking acceptable?

[seagul]

Hi,

One more question.

Is the bank statement printed from internet banking acceptable?

Yes provided are the replica of original ones without pacifically saying/marking as "online"

[aliraza_23]

i have one question my visa on flr fp is expiring in 2021 March, can i switch flr (m) visa now a well before expiring my current visa?

[seagul]

i have one question my visa on flr fp is expiring in 2021 March, can i switch flr (m) visa now a well before expiring my current visa?

Yes you certainly can, with a new ILR clock.