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Spouse visa extension

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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AMehak
Newly Registered
Posts: 7
Joined: Sat Oct 09, 2021 11:59 am
United Kingdom

Spouse visa extension

Post by AMehak » Sat Oct 09, 2021 12:27 pm

Hi , It’s my first post here so hope I’ll get advise as I seen
Lot people do get the help quick. So the question is !

My wife came to UK on spouse visa and she has her extension due in a week time. I have one British child as well, as I’m British too. The question is due to COVID 19 . Im on UC , where I get standard allowance + housing Benifit element + child tax credit element. Im still working in same company as when I first applied for my wife spouse visa but bcoz of COVID 19 work hours has cut down I don’t meet financial requirements.
1: Is it ok to apply visa extension as FLR(fp) or FLR(M) ?
2: if I use 10 years route abs chose FLR(fp) will I face any problem as I’m receiving UC .
3: if I use FLR(M) do I meet adequate maintenance requirements ? Using my UC all elements. ?

If need any information regarding this question If I didn’t make it clear then plz let me know so I can provide more information.
Thank u

vinny
Moderator
Posts: 33323
Joined: Tue Sep 25, 2007 8:58 pm

Re: Spouse visa extension

Post by vinny » Sat Oct 09, 2021 2:01 pm

What was her financial requirement for the spouse visa?

If you are receiving certain allowances, then wife may satisfy adequate maintenance. Choose FLR(M).

Else, if you are able to rely on the Changes to the minimum income and adequate maintenance requirement, then choose FLR(M).

Don’t forget at least A2 level English Language requirement, if she isn’t from an exempt country.

Else, choose FLR(FP).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

AMehak
Newly Registered
Posts: 7
Joined: Sat Oct 09, 2021 11:59 am
United Kingdom

Re: Spouse visa extension

Post by AMehak » Sat Oct 09, 2021 2:33 pm

Thank u Vinny ,
When she came to UK as spouse visa we needed to show £18600 , and I was above the minimum of financial requirements so I showed around £20k . But I didn’t get enough work since COVID 19 so I’m way below £18600 . We got A2 abs all other documents ready. But just confused about UC . Don’t know if I can add them as adequate maintenance or no bcoz I remember so far that I have sign SU7 form I guess it’s sponsor declaration form about benefits. Will that not b issue ?
And 2nd since I’m on UC and my wife is as well in claim but she doesn’t get anything as she’s not eligible for public funds . Since UC requirements r for new claim to add ur status as couple of living together so I did same. But then they sent a letter few days after we applied UC saying she’s not eligible . But on monthly statement UC they do take her saving or income in account. But she doesn’t work or have saving .

AMehak
Newly Registered
Posts: 7
Joined: Sat Oct 09, 2021 11:59 am
United Kingdom

Re: Spouse visa extension

Post by AMehak » Sat Oct 09, 2021 2:38 pm

Is there any online immigration advise help line call system I can call and get details information that how to add up or count adequate maintenance requirements.
Please let me know if there’s anything like that

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 2:09 pm
United Kingdom

Re: Spouse visa extension

Post by TODMATT » Sat Oct 09, 2021 4:14 pm

AMehak wrote:
Sat Oct 09, 2021 2:33 pm
Thank u Vinny ,
When she came to UK as spouse visa we needed to show £18600 , and I was above the minimum of financial requirements so I showed around £20k . But I didn’t get enough work since COVID 19 so I’m way below £18600 . We got A2 abs all other documents ready. But just confused about UC . Don’t know if I can add them as adequate maintenance or no bcoz I remember so far that I have sign SU7 form I guess it’s sponsor declaration form about benefits. Will that not b issue ?
And 2nd since I’m on UC and my wife is as well in claim but she doesn’t get anything as she’s not eligible for public funds . Since UC requirements r for new claim to add ur status as couple of living together so I did same. But then they sent a letter few days after we applied UC saying she’s not eligible . But on monthly statement UC they do take her saving or income in account. But she doesn’t work or have saving .
1. Are you in receipt of any of the following?

"i) disability living allowance;
(ii) severe disablement allowance;
(iii) industrial injury disablement benefit;
(iv) attendance allowance;
(v) carer’s allowance;
(vi) personal independence payment;
(vii) Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme;
(viii) Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or
(ix) Police Injury Pension
"

If are you receiving any of the above, adequate maintenance applies otherwise NO you cannot add any benefits to meet the financial requirement and UC does not count towards the financial requirement unless you are getting PIP. SU07 is not relevant to a spouse visa applications so it's irrelevant.

2. UC is irrelevant here as the claim is on you and not your partner.

3. This is the current concession

"a temporary loss of employment income between 1 March and 31 October
2021 due to COVID-19, will be disregarded provided the minimum income
requirement was met for at least 6 months immediately prior to the date the
income was lost - this is for a loss of employment income between 1 March
2020 to 31 October 2021 due to COVID-19 an applicant or sponsor furloughed
under the Government’s Coronavirus Job Retention Scheme will be deemed
as earning 100% of their salary"
My opinions should not be constituted as an immigration or legal advice.

AMehak
Newly Registered
Posts: 7
Joined: Sat Oct 09, 2021 11:59 am
United Kingdom

Re: Spouse visa extension

Post by AMehak » Sun Oct 10, 2021 9:09 pm

Thank u so much TodMatt
No, I’m not receiving any of those payments . Just UC only.
And about 6 months pay before income loss. I have counted from October 2019 to end of March 2020 and I’m just £9000 as in month of February 2020 I got 2 weeks pay as paternity pay and I took 2 week off with out pay. So I dropped that month bcoz we got a child born in February. Otherwise it would b more then £9000 or even nearly £10000 from October to March. Is it sounds like that I can’t go for FLR(M) then ? Isn’t ?
And if I can’t then going on FLR(FP) will there b any issue
Of receiving UC ? And do I have to Wright a cover letter about anything special to mention in it. ?

AMehak
Newly Registered
Posts: 7
Joined: Sat Oct 09, 2021 11:59 am
United Kingdom

Re: Spouse visa extension

Post by AMehak » Mon Oct 11, 2021 9:29 am

If I have to go for FLR(FP) which option do I have to chose Parent or Partner route. ? How long do HO take for FLR (FP) application to decide ?

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