Tier 1 Ent to FLR (M)

[VFF]

Dear Members and Seniors

I am posting this on behalf of my friend

He is currently in tier 1 (E) and due for extension on 15th Feb 2017. His wife applied for Set (O) on her own merit during March 2016 and still waiting for decision. Her Application is struck on the basis of Self Assessment correction she made during 2012 for the year 2009/10. Please understand this is a valid correction we requested in 2012 and have a letter from HMRC letter dated 2012 to confirm the request to amend self assessment. But for some reason HO is still holding the application decision.

Question is whether my friend can apply flr (m) spouse visa instead of Entrepreneur extension as he didn't invest full £50k during the last 2 years (only £31k invested as there was no need for any capital injunction because the business was doing well)

Please share your views

Thanks

VFF

They

[CR001]

He can if he meets ALL the requirements and asks for his application to be considered once wife's ILR is decided. He will need to quote wife's application HO reference number.

If ILR fails, FLR(M) will also fail.

[VFF]

Hi CR001

Thanks for your reply.

She earns around £45K so financial requirement is not a problem. He got UK Masters and LIUK is completed. Is there any other criteria he needs to satisfy.

Also when the application under process his current stay continuous i.e Entrepreneur (only business is allowed) or FLR(M) (eligible to work)?

Thanks

VFF

[CR001]

Hi CR001

Thanks for your reply.

She earns around £45K so financial requirement is not a problem. He got UK Masters and LIUK is completed. Is there any other criteria he needs to satisfy. LIUK is NOT required for FLR(M), it is ONLY required for ILR. Proof of subsisting relationship and adequate accommodation also required. He should read page 65 onwards of the FLR(M) form.

Also when the application under process his current stay continuous i.e Entrepreneur (only business is allowed) or FLR(M) (eligible to work)? Tier 1 Ent conditions continue.

Thanks

VFF