FLR(M) - Queries

[adshahmat]

Hello Everyone... many thanks for all the great advice and guidance on these boards.

An unusual case regarding English language requirement for my wife's upcoming FLR(M) application. Her current BRP expires in 28 days, so we're in the process of preparing her application. I'll try to be as succinct as possible:

Wife has already been through the five-year route. Unfortunately, ILR refusal in September 2018 (silly mistake regarding financial requirement). KoLL was fine: she attained LiUK test pass, and B1 GESE Grade 5 from Trinity, Hammersmith in November 2017.

We began the five-year route again in May 2019. For her A1 English Language requirement, we submitted the same B1 test pass again. It was within two years of the test date, so no problem. Spouse visa granted, she arrived back in the UK in October 2019. Now onto FLR(M).

So... is this B1 pass now acceptable again? It was used for a previous SUCCESSFUL entry clearance application (spouse visa), so we're hoping the answer is a simple 'yes' (in line with Appendix FM Paragraph 32D). However, it was also used for a previous UNSUCCESSFUL application, so is it now invalid?

Any thoughts and advice would be much appreciated.

[AmazonianX]

Hello Everyone... many thanks for all the great advice and guidance on these boards.

An unusual case regarding English language requirement for my wife's upcoming FLR(M) application. Her current BRP expires in 28 days, so we're in the process of preparing her application. I'll try to be as succinct as possible:

Wife has already been through the five-year route. Unfortunately, ILR refusal in September 2018 (silly mistake regarding financial requirement). KoLL was fine: she attained LiUK test pass, and B1 GESE Grade 5 from Trinity, Hammersmith in November 2017.

We began the five-year route again in May 2019. For her A1 English Language requirement, we submitted the same B1 test pass again. It was within two years of the test date, so no problem. Spouse visa granted, she arrived back in the UK in October 2019. Now onto FLR(M).

So... is this B1 pass now acceptable again? It was used for a previous SUCCESSFUL entry clearance application (spouse visa), so we're hoping the answer is a simple 'yes' (in line with Appendix FM Paragraph 32D). However, it was also used for a previous UNSUCCESSFUL application, so is it now invalid?

Any thoughts and advice would be much appreciated.

If the most recent use of it resulted in a successful decision then I would opine it should be alright for reuse.

[adshahmat]

Thanks AmazonianX...

This was also my original thought: The most recent use of the B1 test pass was as part of a successful application so it should be fine.

However, after reading about a couple of other cases on these boards, particularly:

indefinite-leave-to-remain/b1-test-agai ... l#p1990568

I began to worry. Particularly this post by KVP:

1) https://freemovement.org.uk/briefing-wh ... quirement/

Extract from the above post which states as below:

Note that the above provision does not apply where the application that first included the relevant English language test certificate was refused, even if it was refused for reasons other than a failure to meet the English language requirement.

It was the use of the word first in the article that worried me, although I'm not sure where the Freemovement author got this from? I can't find any official UK Gov information that mentions 'first use'.

Once again, if any experts should shed any light, it would be much appreciated.

[AmazonianX]

With days counting down and If there is any such doubt and or inconsistencies, may get a new B1 done and submit.

[adshahmat]

Thanks again AmazonianX. Yes, wife will take the test again. Better to be safe than sorry.

On another note, could someone please advise where the information below comes from, pasted from the thread: immigration-for-family-members/cohabita ... 95671.html. I'm not questioning the veracity of the information; I'd just really like to know where the official UK Gov documents giving applicants this information can be found...

If your application is as the partner of a settled person or person who is in the UK with refugee leave or humanitarian protection

Six items of correspondence addressed to you and your partner at the same address as evidence that you have been living together since your last grant of leave in this category, or from the date you first started living together up to a maximum of two years. See Note 11.

Note 11 The items of correspondence should be addressed to you jointly or in both your names. Examples of acceptable items are listed below. The documents provided must be originals. Photocopies are not acceptable. The dates of the items of correspondence should be spread evenly over the whole period you are relying on. They should be from at least 3 different sources. If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of you. For example - Four items of correspondence in joint names to the same address and two items addressed to each partner at the address. In total eight items would need to be submitted. If you and your partner have no bills or correspondence in joint names, you will need to submit twelve items (six each) of correspondence, evidencing that you reside together at the same address. If you and your partner lived with relatives or friends for some or all of the period you are relying on, please provide a letter from the relative(s) and/or friend(s) confirming this. If you did not live together for any part of the period you are relying on, tell us the reasons for this and whether you stayed in contact with each other during this time, and provide any relevant supporting evidence. Please give an explanation on a separate sheet if you cannot provide six items; if the items are not addressed to both of you; or if they do not cover the period you are relying on.

Thanks!

[adshahmat]

Hi All,

My wife's on the five-year route (Spouse). Original leave from 2nd August 2019 to 2nd May 2022.

We've submitted her FLR(M) application today, paid standard fee (£1033) and IHS (£1560), and looking for some help with a couple of queries:

Under Further actions you must complete: Attend an appointment to provide your documents and biometrics by 15 June 2022. Is this usual? Obviously this is well beyond my wife's current visa expiry date. I assumed documents / biometrics would need to be submitted before the visa expires?

Is it no longer necessary to submit original documents (eg. bank statements, proof of cohabitation)? Or must all originals be taken along to the UKVCAS appointment and submitted there (as well as being uploaded)?

We've not yet booked a UKVCAS appointment since our preferred centre has no current availability. We're not looking for any premium service. Are free appointments (released at 9am) and chargeable appointments (released at midnight) essentially the same? Or are there some benefits of a chargeable appointment?

In anticipation, many thanks for any advice.

[AmazonianX]

Hi All,

My wife's on the five-year route (Spouse). Original leave from 2nd August 2019 to 2nd May 2022.

We've submitted her FLR(M) application today, paid standard fee (£1033) and IHS (£1560), and looking for some help with a couple of queries:

Under Further actions you must complete: Attend an appointment to provide your documents and biometrics by 15 June 2022. Is this usual? Obviously this is well beyond my wife's current visa expiry date. I assumed documents / biometrics would need to be submitted before the visa expires? That date is the latest which you are expected to provide the stated requirements hence the word BY. The expiry of current leave does not matter, date of submission of application is whats relevant.

Is it no longer necessary to submit original documents (eg. bank statements, proof of cohabitation)? Or must all originals be taken along to the UKVCAS appointment and submitted there (as well as being uploaded)? By upload is allowed, your choice for the paid service if you tale along to appointment.

We've not yet booked a UKVCAS appointment since our preferred centre has no current availability. We're not looking for any premium service. Are free appointments (released at 9am) and chargeable appointments (released at midnight) essentially the same? Or are there some benefits of a chargeable appointment?

In anticipation, many thanks for any advice.

[adshahmat]

Under Further actions you must complete: Attend an appointment to provide your documents and biometrics by 15 June 2022. Is this usual? Obviously this is well beyond my wife's current visa expiry date. I assumed documents / biometrics would need to be submitted before the visa expires? That date is the latest which you are expected to provide the stated requirements hence the word BY. The expiry of current leave does not matter, date of submission of application is whats relevant.

Thanks for clarifying.

Is it no longer necessary to submit original documents (eg. bank statements, proof of cohabitation)? Or must all originals be taken along to the UKVCAS appointment and submitted there (as well as being uploaded)? By upload is allowed, your choice for the paid service if you tale along to appointment.

Apologies, what I meant was that in the past we were required to send all documents to Sheffield. Original documents plus copies of originals (originals were then returned following the decision). The system has obviously changed now for UK applications. It seems that the ECO / Decision Maker no longer needs to see original documents... just scanned and uploaded copies. Is that correct?

One other query. My passport (UK citizen / UK passport)... do they require just the biometrics pages scanned or every page scanned, including all blank pages?

[AmazonianX]

Hi All,

My wife's on the five-year route (Spouse). Original leave from 2nd August 2019 to 2nd May 2022.

We've submitted her FLR(M) application today, paid standard fee (£1033) and IHS (£1560), and looking for some help with a couple of queries:

Under Further actions you must complete: Attend an appointment to provide your documents and biometrics by 15 June 2022. Is this usual? Obviously this is well beyond my wife's current visa expiry date. I assumed documents / biometrics would need to be submitted before the visa expires? That date is the latest which you are expected to provide the stated requirements hence the word BY. The expiry of current leave does not matter, date of submission of application is whats relevant.

Is it no longer necessary to submit original documents (eg. bank statements, proof of cohabitation)? Or must all originals be taken along to the UKVCAS appointment and submitted there (as well as being uploaded)? By upload is allowed, your choice for the paid service if you tale along to appointment.

We've not yet booked a UKVCAS appointment since our preferred centre has no current availability. We're not looking for any premium service. Are free appointments (released at 9am) and chargeable appointments (released at midnight) essentially the same? Or are there some benefits of a chargeable appointment?

In anticipation, many thanks for any advice.

Correct, just scan and upload, no need to send any docs to Sheffield by post or mail.

Biometrics page will suffice, if you do more no penalty to that.

[adshahmat]

Another couple of quick questions, if somebody could help...

My wife has her biometrics appt next week. Obviously she'll take along her passport and current BRP. Will UKVCAS keep her passport and BRP during the application process, or is it literally just the scanned & uploaded copies that the Home Office require?

Is it a requirement to scan & upload every page of her passport, even blank pages?
So far, we've only scanned & uploaded the biometrics page and her entry visa page.

[CR001]

Will UKVCAS keep her passport and BRP during the application process

No.

or is it literally just the scanned & uploaded copies that the Home Office require?

Yes

Is it a requirement to scan & upload every page of her passport, even blank pages?

Biometric page and all stamp pages

[adshahmat]

Thanks vm for the quick reply, Char.
She has various other visas & stamps in her passport so we'll get on with uploading those too.

Assuming a successful application, is she required to return her current BRP eventually... or just bin it?

[adshahmat]

FLR(M) - All of our documents have been scanned and uploaded. We are now presented with the option:

Submit your uploaded documents to UKVI - You now have the option to submit your uploaded documents before your appointment takes place. This action can only be performed once.

Is there any reason / benefit / advantage of doing this? If anyone could shed any light, I'm just trying to understand why this option is offered?

[AmazonianX]

Thanks vm for the quick reply, Char.
She has various other visas & stamps in her passport so we'll get on with uploading those too.

Assuming a successful application, is she required to return her current BRP eventually... or just bin it?

She will be asked to return it and address where to send stated failing which she may get fined as per the letter you will get on successful application.

[AmazonianX]

FLR(M) - All of our documents have been scanned and uploaded. We are now presented with the option:

Submit your uploaded documents to UKVI - You now have the option to submit your uploaded documents before your appointment takes place. This action can only be performed once.

Is there any reason / benefit / advantage of doing this? If anyone could shed any light, I'm just trying to understand why this option is offered?

Not so much, if you are sure all correct and no likelihood of 'remembering one document or the other to upload' you can submit or wait till your appointment for it to be submitted.

[adshahmat]

Thanks! I guess it makes sense to wait until the appointment then.

[adshahmat]

Sorry, another couple of quick questions...

Is it necessary to take original copies of our scanned & uploaded documents to the biometrics appt?

Regarding service-standard decision times, do we count days from the application date or the biometrics appt date?

[AmazonianX]

Sorry, another couple of quick questions...

Is it necessary to take original copies of our scanned & uploaded documents to the biometrics appt? No

Regarding service-standard decision times, do we count days from the application date or the biometrics appt date?

[adshahmat]

My wife's FLR(M) application was successful. Many thanks for the invaluable advice on these boards.

Looking ahead to our ILR application, when will my wife be eligible to submit an application?

Five-year route to settlement
Original Spouse visa granted 02 August 2019 - 02 May 2022 (33 months)
She entered the UK on 19 August 2019
FLR(M) successful. Extension granted until 11 December 2024

Am I right in assuming that the earliest she can make her ILR application is 28 days prior to living in the UK for five years... in other words, 28 days prior to 19 August 2024?

Also, she has already passed her LiUK test. Does this test pass have an expiry?

[CR001]

Am I right in assuming that the earliest she can make her ILR application is 28 days prior to living in the UK for five years... in other words, 28 days prior to 19 August 2024?

Yes.

Also, she has already passed her LiUK test. Does this test pass have an expiry?

LUIK does not expire.

[adshahmat]

Many thanks

[AmazonianX]

My wife's FLR(M) application was successful. Many thanks for the invaluable advice on these boards.

Looking ahead to our ILR application, when will my wife be eligible to submit an application?

Five-year route to settlement
Original Spouse visa granted 02 August 2019 - 02 May 2022 (33 months)
She entered the UK on 19 August 2019
FLR(M) successful. Extension granted until 11 December 2024

Am I right in assuming that the earliest she can make her ILR application is 28 days prior to living in the UK for five years... in other words, 28 days prior to 19 August 2024?

Also, she has already passed her LiUK test. Does this test pass have an expiry?

Congratulations