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
![Smile :)](./images/smilies/icon_smile.gif)
regards, Archan