flr(m) or flr(fp)

[vaidy]

Hello

My immigration history is here.

To summarise, I was on the flr(m) route and was switched to flr(fp) route in 2018 because I applied for set(m) thinking I had completed 5 years and didn't realise I had to complete it in the same visa category. Home Office sent a letter which didn't explain that paying the health surcharge would result in adding another 5 years

I am due to extend my visa now (it expires on 16th December). I started filling in the flr(fp) form, but I am concerned by what I have read regarding flr(fp) -- that it applies in exceptional circumstances only.

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To succeed in an application for extension of spouse visa under the 10 years route, 
the applicant must meet the requirements of EX1 of Appendix FM under the Immigration 
Rules. The requirements of EX1 can be satisfied by showing that either:

the applicant has a parental relationship with a child under 18 who is in the UK and who  is:
British Citizen; or
holding ILR; or
has lived in the UK continuously for 7 years; and
it is unreasonable to expect such child to leave the UK.

OR

the applicant has a genuine and subsisting relationship with the UK spouse who is a British 
Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection, and there 
are insurmountable obstacles to family life with that partner continuing outside the UK. 
Insurmountable obstacles mean the very significant difficulties which would be faced by the 
applicant or their partner in continuing their family life together outside the UK and which could 
not be overcome or would entail very serious hardship for the applicant or their partner.

I have two children (both British Citizens, spouse is also British) and the oldest one is 6. So the first bit does not apply. Regarding the second paragraph, I don't think I have any insurmountable obstacles.

I can meet the criteria for flr(m). The only concern is that my husband (and sponsor, as I am a homemaker) is switching jobs in January. He does not have an offer letter yet, but should have in the next week or so.So the details I enter regarding his employment will no longer be valid in January. This isn't great as the information I enter under employment will no longer be valid in January.

Should I apply under flr(m) or flr(fp)?

[seagul]

Should I apply under flr(m) or flr(fp)?

If he can postpone his plan of switching over to a new job until you will acquire your decision then can proceed to FLRM assuming he is earning sufficiently & you have the correct type/level of English test.

[vaidy]

Thank you seagul. Unfortunately, he is being made redundant and this is his last month. Can I apply with the current details and send the home office an update in a few weeks time?

Or should I go ahead with flr(fp) instead?

[seagul]

Thank you seagul. Unfortunately, he is being made redundant and this is his last month. Can I apply with the current details and send the home office an update in a few weeks time?

Or should I go ahead with flr(fp) instead?

As per the guidance, the income until the date of application matters which means if he would have earned sufficiently whilst remained employed at least at/until the date of application then may consider to apply FLRM. However, if he would be refused because of not being employed afterwards on caseworker's enquiry then most likely FLRFP would be granted which is another option over which you are already inclined to. Therefore, ideally try flrm first.

[vaidy]

Thank you seagul. What document should I supply as "Evidence for spouses immigration status in the UK"? Will a copy of his passport do? Or will they need his passport?

[Korekt]

If the passport will prove the immigration status, a copy is fine.

[seagul]

Thank you seagul. What document should I supply as "Evidence for spouses immigration status in the UK"? Will a copy of his passport do? Or will they need his passport?

Passport & BRP Copy (if not yet British) should be fine. Also nothing is sent in original to anywhere.

[vaidy]

Thank you Seagul. I think I know what you mean by no documents are sent anywhere. I remember postal applications where I had send documents in the past. Have they changed the process now where everybody needs to attend UKVACS to verify their documents and get their biometrics enrolled?

I submitted my application online and now need to get an appointment booked before 12 Feb. I tried a bunch of UKVACS places, but none of them have any available slots. Do I need to submit the documents and biometrics before my current leave expires (16th December) or do I have time until 12 Feb?

[vaidy]

Also, I have noticed on this thread that people have uploaded their documents. I do not have that option! Should I be doing something else?

[CULLINAN]

Thank you Seagul. I think I know what you mean by no documents are sent anywhere. I remember postal applications where I had send documents in the past. Have they changed the process now where everybody needs to attend UKVACS to verify their documents and get their biometrics enrolled?

I submitted my application online and now need to get an appointment booked before 12 Feb. I tried a bunch of UKVACS places, but none of them have any available slots. Do I need to submit the documents and biometrics before my current leave expires (16th December) or do I have time until 12 Feb?

You must book an UKVCAS appointment now to complete your application process and submit biometrics.

Check 15th Dec 00:01 AM midnight and you will get one for 11th Jan Monday. Appointments are running at a 28 days lag. Weekend appointments are scare or none so if you book before 15th Dec (i.e tomorrow night or Monday), you will only get if you are lucky as it will be a weekend (28 days apart).

Better to keep checking before 15th Dec randomly through out the day/different locations so you may end up securing an earlier one if there are any cancellations.

However, you can always upload your documents and SELF-submit so your documents are sent to UKVI even before biometrics (optional) OR you can upload anytime before biometrics appointment itself. Self-submission option can be availed only once and up to 48hrs before appointment only. In case you want to add anymore documents after self-submission (e.g. you missed any documents), you can still upload and submit at the appointment itself. Self-submission is recommended so you can save time even before biometrics.

See at top @ UKVCAS account. You will see “document upload”
You can upload your documents there on the UKVCAS portal.

Also see the new UKVCAS flash update: They are having some issues with WorldPay so keep an eye.

https://www.ukvcas.co.uk/flash-message- ... geId=74833

You can book an appointment anytime before the deadline i.e. 12th Feb in your case.

[CULLINAN]

Do I need to submit the documents and biometrics before my current leave expires (16th December) or do I have time until 12 Feb?

Date of application is the date you pay and submit online. Biometrics date/documents upload date is irrelevant. You can book an appointment and upload documents anytime before appointment OR read for options in my previous post.

[seagul]

Thank you Seagul. I think I know what you mean by no documents are sent anywhere. I remember postal applications where I had send documents in the past. Have they changed the process now where everybody needs to attend UKVACS to verify their documents and get their biometrics enrolled?

https://www.ukvcas.co.uk/help-support/o ... eDocuments

https://s3.eu-west-2.amazonaws.com/sopr ... as/FAQ.pdf

[seagul]

I submitted my application online and now need to get an appointment booked before 12 Feb. I tried a bunch of UKVACS places, but none of them have any available slots. Do I need to submit the documents and biometrics before my current leave expires (16th December) or do I have time until 12 Feb?

Most important was the submission of application before the expiry which you have already done to avail the bestowal of section 3C. You can continue to upload the documents until the date of of biometrics or before few hours of it. Simply carry on searching the appointment by widening your radious miles and affordability level as free appointments might not easily be securable.

[vaidy]

Thank you Seagul. That was very useful. So to confirm, there isn't anything I need to rush and do before the 16th (when my current leave expires)?

In the meantime, I can (1) Upload documents (which I can do today) and (2) Check daily to book a slot with UKVACS.

[seagul]

Thank you Seagul. That was very useful. So to confirm, there isn't anything I need to rush and do before the 16th (when my current leave expires)?

Correct.

In the meantime, I can (1) Upload documents (which I can do today) and (2) Check daily to book a slot with UKVACS.

Correct and also keep on reading the ukvcas main page.

https://www.ukvcas.co.uk/home-internal