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FLR(M) when SET(LR) is in progress

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poper
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FLR(M) when SET(LR) is in progress

Post by poper » Wed Sep 09, 2020 12:48 pm

Hello,

I have applied for SET(LR) on 29th August and waiting to hear on my biometrics appointment. I am currently on Tier 2 ICT visa

Myself and dependants have an existing leave till February 2023.

Spouse's case(Tier 2 ICT dependent) :
UK Entry: Sep 2010
UK Exit: Jan 2012
UK Entry on a new entry clearance: Nov 2012(Break - approx 300 days)
My spouse is continuously living in the UK since Nov 2012

My spouse will need a FLR(M) visa when I attain ILR. Since the IHS charges are increasing on 1st October, I am wondering if I should file FLR(M) for my spouse and son(born abroad) now with a covering letter stating dependency on my ILR application processing.
This could save me over £700

A couple of questions:
1. Assuming I obtain my ILR past September, HO would come back to demand the IHS fee difference right? I think HO have every right to demand as I'd requested the delayed processing. This would defeat the whole purpose of applying early.
2. Worst case scenario, if my ILR was refused, can I withdraw FLR(M) visas for a refund(assuming dependents did not go through their biometrics appointments)?

Thoughts please
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

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Re: FLR(M) when SET(LR) is in progress

Post by CR001 » Wed Sep 09, 2020 1:11 pm

1. Assuming I obtain my ILR past September, HO would come back to demand the IHS fee difference right? I think HO have every right to demand as I'd requested the delayed processing. This would defeat the whole purpose of applying early.
No they won't. The fee you pay is relevant to the date of application online.
2. Worst case scenario, if my ILR was refused, can I withdraw FLR(M) visas for a refund(assuming dependents did not go through their biometrics appointments)?
If your ILR is refused, FLR(M) will also be refused or returned as invalid.

They can apply for FLR(M) at any time, you simply have to link it with a cover letter to your application. This obviously providing they/you meet all the requirements for FLR(M), i.e. English and £22,400pa financial requirement.
Char (CR001 not Casa)
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Re: FLR(M) when SET(LR) is in progress

Post by poper » Wed Sep 09, 2020 7:39 pm

Thanks CR001.
I am getting a bit lost with the FLR(M) guidance. Where do I find this?

There is way too much information here:
https://www.immigrationboards.com/immig ... 62549.html
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

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Re: FLR(M) when SET(LR) is in progress

Post by CR001 » Wed Sep 09, 2020 7:44 pm

It is Appendix FM you will apply under.

Financial requirements guidance is document appendix 1.7 if you Google search it.

https://www.gov.uk/uk-family-visa/partner-spouse

https://www.gov.uk/government/publicati ... -form-flrm

Historical paper guidance notes is second item in the Google search.

https://www.google.com/search?q=flr+m+g ... e&ie=UTF-8
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Re: FLR(M) when SET(LR) is in progress

Post by poper » Wed Sep 09, 2020 8:32 pm

Excellent.
You are a star as always
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

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Re: FLR(M) when SET(LR) is in progress

Post by CR001 » Wed Sep 09, 2020 8:33 pm

You're welcome. Feel free to continue posting here if you have any further queries.
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Re: FLR(M) when SET(LR) is in progress

Post by poper » Thu Sep 10, 2020 7:02 am

A followup question, assuming I obtain my ILR, can I change job while my family's FLR(M) is in progress?
I guess it is advisable not to.
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

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Re: FLR(M) when SET(LR) is in progress

Post by CR001 » Thu Sep 10, 2020 7:21 am

Advisable not to given that ukvi could contact your employer to verify your income and employment if you are using your income to meet the financial requirements.

If you are using your spouse's income to meet the requirements, then you could change jobs yes.
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Re: FLR(M) when SET(LR) is in progress

Post by poper » Sun Sep 27, 2020 11:22 am

Appears the IHS increase is not happening on October 1st as originally planned. This was because a new draft order was passed which hasn't become law yet

Any further news over this?

https://www.freemovement.org.uk/immigra ... ober-2020/
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

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Re: FLR(M) when SET(LR) is in progress

Post by seagul » Sun Sep 27, 2020 2:21 pm

poper wrote:
Sun Sep 27, 2020 11:22 am
Appears the IHS increase is not happening on October 1st as originally planned. This was because a new draft order was passed which hasn't become law yet

Any further news over this?

https://www.freemovement.org.uk/immigra ... ober-2020/
Yes better to avail this offer before it gets enforced.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: FLR(M) when SET(LR) is in progress

Post by poper » Sun Sep 27, 2020 5:22 pm

Thats right. I will keep a close watch on when the increase is expected to happen and time my family's FLR(M). :roll:
Right now, awaiting decision on my ILR
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

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Re: FLR(M) when SET(LR) is in progress

Post by poper » Mon Oct 05, 2020 8:51 pm

https://statutoryinstruments.parliament ... 2/SI-2020/

From the above, the amendment for IHS increase been signed.
Do we know from when this will actually reflect into the UKVI payment systems? Is it 21 days from September 30? i.e, October 20/21?
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

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Re: FLR(M) when SET(LR) is in progress

Post by seagul » Mon Oct 05, 2020 9:15 pm

poper wrote:
Mon Oct 05, 2020 8:51 pm
https://statutoryinstruments.parliament ... 2/SI-2020/

From the above, the amendment for IHS increase been signed.
Do we know from when this will actually reflect into the UKVI payment systems? Is it 21 days from September 30? i.e, October 20/21?
Nobody can fathom this out as when exactly will it be incorporated with the UKVI payment system but antecedently any deficient fee either fully or partly is claimed subsequently from the applicant.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: FLR(M) when SET(LR) is in progress

Post by poper » Wed Oct 07, 2020 6:27 pm

Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

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Re: FLR(M) when SET(LR) is in progress

Post by seagul » Wed Oct 07, 2020 8:00 pm

Yes I seen that vinny's valuable input last night. So at least now the applicant is well aware as what to do.
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Re: FLR(M) when SET(LR) is in progress

Post by poper » Sat Nov 14, 2020 9:20 pm

I am in the process of accumulating documents for FLR(M) visa which I applied on Oct 26 for my spouse and child. Haven't booked biometrics yet as my Set LR decision is pending(Biometrics deadline for FLR(M) stated was 28th December).

On the finances, I have managed to obtain bank statements displaying my salary credits. However, the bank statements comprise of:
1. First 3 months statements printed in the branch. The statement mentions 'printed in xyz branch'. However, this appears like a normal printout taken at home.
2. Last 3 months statements which were issued by post from the bank.

Do the above satisfy the requirements?
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

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Re: FLR(M) when SET(LR) is in progress

Post by AmazonianX » Sat Nov 14, 2020 9:43 pm

poper wrote:
Sat Nov 14, 2020 9:20 pm
I am in the process of accumulating documents for FLR(M) visa which I applied on Oct 26 for my spouse and child. Haven't booked biometrics yet as my Set LR decision is pending(Biometrics deadline for FLR(M) stated was 28th December).

On the finances, I have managed to obtain bank statements displaying my salary credits. However, the bank statements comprise of:
1. First 3 months statements printed in the branch. The statement mentions 'printed in xyz branch'. However, this appears like a normal printout taken at home.
2. Last 3 months statements which were issued by post from the bank.

Do the above satisfy the requirements?
Besides the "printed in branch" if 1. looks like what you have received by post I.e. 2., then satisfy requirements.

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Re: FLR(M) when SET(LR) is in progress

Post by seagul » Sat Nov 14, 2020 9:49 pm

poper wrote:
Sat Nov 14, 2020 9:20 pm

1. First 3 months statements printed in the branch. The statement mentions 'printed in xyz branch'. However, this appears like a normal printout taken at home.
If these are on bank official stationary then no issue at all
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Re: FLR(M) when SET(LR) is in progress

Post by poper » Sat Nov 14, 2020 10:23 pm

Thanks both.
Is it advisable to use a light highlighter pen to shade important parts of the bank statement I.e, 'printed in branch' line which may miss the CW sight
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

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Re: FLR(M) when SET(LR) is in progress

Post by AmazonianX » Sat Nov 14, 2020 10:31 pm

poper wrote:
Sat Nov 14, 2020 10:23 pm
Thanks both.
Is it advisable to use a light highlighter pen to shade important parts of the bank statement I.e, 'printed in branch' line which may miss the CW sight
No, do not highlight it, in times past advised against it as HO considers alteration of document.

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Re: FLR(M) when SET(LR) is in progress

Post by poper » Fri Nov 20, 2020 8:55 pm

CR001 wrote:
Thu Sep 10, 2020 7:21 am
Advisable not to given that ukvi could contact your employer to verify your income and employment if you are using your income to meet the financial requirements.

If you are using your spouse's income to meet the requirements, then you could change jobs yes.
I am using only my income to meet the requirements. Unfortunately, the timing is such that I may need to switch jobs when my spouse & son's FLR(M) is being processed.
In the worst case scenario if their FLR(M) is refused, will they be offered FLR(FP) as I have seen in other cases.
1. My spouse & son would qualify on the Long Residence route by Nov 2022 and it shouldn't matter whether they hold FLR(M) or FLR(FP) right?
2. I hope there isn't an additional fee to be paid if FLR(FP) is offered in lieu?
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

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Re: FLR(M) when SET(LR) is in progress

Post by seagul » Fri Nov 20, 2020 9:03 pm

poper wrote:
Fri Nov 20, 2020 8:55 pm
I am using only my income to meet the requirements. Unfortunately, the timing is such that I may need to switch jobs when my spouse & son's FLR(M) is being processed.
If your circumstances are getting unmanageable without changing the employer then you can simply take unpaid leave from your old employer and join the new job. By doing so you would at least be remained in their payroll to be counted as their employee.
poper wrote:
Fri Nov 20, 2020 8:55 pm
In the worst case scenario if their FLR(M) is refused, will they be offered FLR(FP) as I have seen in other cases.
1. My spouse & son would qualify on the Long Residence route by Nov 2022 and it shouldn't matter whether they hold FLR(M) or FLR(FP) right?
2. I hope there isn't an additional fee to be paid if FLR(FP) is offered in lieu?
1. Yes because all visas are counted.
2. Yes
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: FLR(M) when SET(LR) is in progress

Post by poper » Sat Nov 21, 2020 6:50 am

Thanks seagul.
But is FLR(FP) always offered when FLR(M) fails?
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

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Re: FLR(M) when SET(LR) is in progress

Post by poper » Sat Nov 21, 2020 7:37 am

poper wrote:
Sat Nov 21, 2020 6:50 am
Thanks seagul.
But is FLR(FP) always offered when FLR(M) fails?
Maybe, I am over-engineering this.
If I really do need to move employers while FLR(M) is in flight, it would be worth supplying 12 months payslips and bank statements and try qualifying under Category B? Isn't this a safe bet?
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

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Re: FLR(M) when SET(LR) is in progress

Post by seagul » Sat Nov 21, 2020 8:55 am

poper wrote:
Sat Nov 21, 2020 7:37 am
poper wrote:
Sat Nov 21, 2020 6:50 am
Thanks seagul.
But is FLR(FP) always offered when FLR(M) fails?
Maybe, I am over-engineering this.
If I really do need to move employers while FLR(M) is in flight, it would be worth supplying 12 months payslips and bank statements and try qualifying under Category B? Isn't this a safe bet?
I wouldn't worry at all given my goal is long residence where all visas can be combined. Category B would only come into play on refusal followed by reapplication which most likely won't happen in your circumstances.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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