Confusion around FLR (M)/FLR (O) and many others

[send2archan]

Hi all,

Hopefully this will clear a few doubts around spouse visa applications. I called up the Immigration Advise Bureau today to get an understanding. Below are the responses:

1. FLR (M ) or FLR (O)- I am applying for my wife's visa who is currently in the UK under Tier 1 dependent. We got married in Feb 12 so even tho I am eligible for ILR, she is not. I read a few posts here which said that the case worker asked the candidate to fill in FLR (O) form. The immigration advise bureau confirmed that FLR (M) is the CORRECT form. The new rule also states that the WIFE does not need to apply AT THE SAME TIME with her partner. So my tier 1 expires in Nov 12 and my wife has her visa till that time. I am eligible for ILR in Aug 12 and when I am granted ILR, it is not required by my wife to change her visa status immediately. She can live in the UK legally until Nov 12 during which time she can apply for her FLR (M).

2. Sec 7A and 7B of FLR (M)- I was told that even tho my wife was granted leave under dependent of PBS before 9 July 12 rules, we will need to still meet the NEW income requirement of £18.6k. So, section 7A NEEDS to be filled in. Sec 7B also NEEDS to be filled in. During Tier 1 visa you all must remember that we had to show a balance of £900 over 3 months etc. Such requirements are not there any more. Based on your salary/earning, the caseworker will decide whether you have adwquate maintainence. It is always advisable to have some money tho to avoid any doubts which the case worker might have abt your application.

3. 2 years or 5 years probationary period- It was confirmed that even tho the income threshold of £18.6k needs to be met which is post 9 July rules, if applicants were granted leave BEFORE 9 July then the probationary period will STILL be 2 years and NOT 5 years.

4. Same day appointment for SET (O) and FLR (M)/FLR (O)- I was strongly advised NOT to keep appointments for my SET (O) and my wife's FLR (M) on the same day. This is bcos SET (O) and FLR (M) are 2 SEPARATE applications and my wife's FLR (M) visa will ONLY be granted if my ILR is granted. Even if my ILR is granted on the same day by the PEO, it will take me time to RECEIVE the BIOMETRIC CARD which is sent by post. I was told that unless I get my BIOMTERIC CARD, my wife's visa will NOT be granted. So I was advised to apply for my wife's FLR (M) AFTER my ILR has been received and after the BIOMETRIC CARD has been received.

I hope this clears some confusion

regards, Archan

[mmaddyyyy]

Hi there,

I have been granted ILR today and I am going to apply for FLR (M) for my wife since she hadn't completed living in UK for 2 years.

While filling in the application form, I am not sure what I should be filling in for Questions in sections 2.2 and 2.3. Do you have any idea?

Regards,
Anil

[send2archan]

I exactly know which question you are talking about. The questions are framed in a way that it cerates confusion. At the bottom of that page after that BIG OR you will see that probably the second box is applicable for you which indicates that she will be applying in order to extend her stay in the UK, am I right?

I have answered NO in Q2.2 and then ticked the 2nd BOX after OR which talks abt extension of stay

[mmaddyyyy]

I am thinking whether the reason should be specified in "Other" section in the same page.

The II option you have selected gives an impression that applicant is requesting additional time to get "Life in UK" exam/Englsh exam sorted. Don't you think so?

[send2archan]

not at all, all it is sayin is that you are applying for an extension so that you meet the probationary period requirement in order to be eligible for ILR for which you need to show knowledge of english requirement and life in the uk test.

Moderators and senior members, can u pls confirm if my understanding is correct?

[rubina20102010]

not at all, all it is sayin is that you are applying for an extension so that you meet the probationary period requirement in order to be eligible for ILR for which you need to show knowledge of english requirement and life in the uk test.

Moderators and senior members, can u pls confirm if my understanding is correct?

Anil,

can we vary FLRR(M) application to Set(m) , if decision hasn't been made?

This will save your ILR fee which is 991.

[Greenie]

Hi all,

Hopefully this will clear a few doubts around spouse visa applications. I called up the Immigration Advise Bureau today to get an understanding. Below are the responses:

1. FLR (M ) or FLR (O)- I am applying for my wife's visa who is currently in the UK under Tier 1 dependent. We got married in Feb 12 so even tho I am eligible for ILR, she is not. I read a few posts here which said that the case worker asked the candidate to fill in FLR (O) form. The immigration advise bureau confirmed that FLR (M) is the CORRECT form. The new rule also states that the WIFE does not need to apply AT THE SAME TIME with her partner. So my tier 1 expires in Nov 12 and my wife has her visa till that time. I am eligible for ILR in Aug 12 and when I am granted ILR, it is not required by my wife to change her visa status immediately. She can live in the UK legally until Nov 12 during which time she can apply for her FLR (M).

2. Sec 7A and 7B of FLR (M)- I was told that even tho my wife was granted leave under dependent of PBS before 9 July 12 rules, we will need to still meet the NEW income requirement of £18.6k. So, section 7A NEEDS to be filled in. Sec 7B also NEEDS to be filled in. During Tier 1 visa you all must remember that we had to show a balance of £900 over 3 months etc. Such requirements are not there any more. Based on your salary/earning, the caseworker will decide whether you have adwquate maintainence. It is always advisable to have some money tho to avoid any doubts which the case worker might have abt your application.

3. 2 years or 5 years probationary period- It was confirmed that even tho the income threshold of £18.6k needs to be met which is post 9 July rules, if applicants were granted leave BEFORE 9 July then the probationary period will STILL be 2 years and NOT 5 years.

4. Same day appointment for SET (O) and FLR (M)/FLR (O)- I was strongly advised NOT to keep appointments for my SET (O) and my wife's FLR (M) on the same day. This is bcos SET (O) and FLR (M) are 2 SEPARATE applications and my wife's FLR (M) visa will ONLY be granted if my ILR is granted. Even if my ILR is granted on the same day by the PEO, it will take me time to RECEIVE the BIOMETRIC CARD which is sent by post. I was told that unless I get my BIOMTERIC CARD, my wife's visa will NOT be granted. So I was advised to apply for my wife's FLR (M) AFTER my ILR has been received and after the BIOMETRIC CARD has been received.

I hope this clears some confusion

regards, Archan

thank you for sharing this information but i would warn and others following this thread that the ukba immigration enquiry bureau are renowned for giving incorrect information and it clear that the information they have given you regarding the income threshold is completely incorrect. The rules are clear-if you fall under the transitional arrangements then you need to satisfy the pre 9th July rules-i.e. You don't need to meet the new income threshold.