I need some advice regarding my FLR(M) application

[Karyah]

Filling in the forms, I realised that we can't meet the maintenance that the home office require. Does providing letter of financial support from a Mum and a close friend will help?

Please help...

[Terpe]

Karyah,
I'm afraid that financial support from third parties is no longer allowed.
The financial requirement MUST be met only by you and the sponsor.

Which requirement is not being met? Is it the minimum earned income of £18600?

The good news however, is that if you were granted settlement visa entry such as a fiancee visa before July 9th then you will remain under the 'old rules' and will no need to meet the new financial requirements at point of FLR(M) application.

The new FLR(M) form is not very clear about this, but I can confirm it to be the case.

Hope that helps

[Karyah]

Hello Terpe,

Thanks much! At last someone answered my post :Hellooo::Jump::Hellooo::heartshape1:

I am a student here, got married 20/12/11. My husband don't have employment history coz he was doing cash in hand. But he registered as a self-employed sole trader (builder, plumber, welder, gas safe (in training will finished last week of Jul or 1st week of Aug). We are still waiting for the registration from HMRC. He declared in his chartered accountant that he will pay himself £500/week after tax to start with. So, that makes it +/-£2,000/month (+/- £24,000 annually). I will secure a letter form his accountant regarding this matter as well.

He just started as self-employed roughly a month and we can't provide P60 due to absence in employment for few years. His last employment was with Boccard in France 15 yrs ago.

Do you think the letter from his chartered accountant saying the registration is still on process waiting for the confirmation and the declaration of £500.00/week after tax will help?

[Karyah]

@Terpe, yes we can't meet the £18,600 when based from past income to recent. But for the foreseeable future for my employment is good as a licensed pharmacist from the Philippines (and currently completing the Diploma in Management in Health and Social Care). At the moment it is difficult for me to get a full time job in pharmacy or healthcare field as a T4 General Visa holder with a limit of 10hours/week during term-time no one will accept me.

"MAA10 Assessing adequate means of maintenance

The following list, which is not comprehensive, is intended as a guide to the factors which may need to be considered when assessing means of maintenance:
the applicant's past and current employment;
do the applicant's / sponsor's educational qualifications and any other skills or qualifications offer a reasonable chance of obtaining employment? If so, that should be viewed as sufficient to meet the maintenance requirement without having to make further enquiries.
the sponsor's current or proposed employment;
any plans the applicant has for employment in the UK;
What is the unemployment situation in the area in which the couple intend to settle? High unemployment in a particular area or amongst a certain age group with particular skills (or lack of them), is not in itself sufficient to show that the maintenance requirement has not been met. It would be a relevant factor if the couple's plans were not realistic or if they did not have any skills or qualifications.
any arrangements which have been made, or could be made, by the sponsor, any other relatives, friends or contacts in the UK in connection with the plans for employment;
satisfied that job offers are genuine and the work likely to last for the foreseeable future;
any support which will be forthcoming from others."

http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/maa/#header5

I am very confused in this new rules (09/07/12) :doh:Erm::Cuckoo:

[jamesy]

hi ,yes the info you have been given is correct ,also if you come here on a fiance visa after the stated date you have to go by the new rules ,one of which is ,you have to be together for five years as a married couple before you can apply for indefinete leave to remain ,also you have to sit the life in the uk test written and now as an extra you have to do a esol course aswell just click on to www.ukba.gov.uk,/latest immigration changes

[Karyah]

Hello Everyone,

Would like to ask some clarification.

I came here as a student and got married in December. Until now I am still holding T4 General visa which will expire in 08-2013. Before we got married, we did not apply for fiance for I am here in the country legally as a student.

If I will apply for FLR(M) which category am I considered, is it the new rules or the old one?


Please Help. :Help1: Thank you very much. :heartshape1:

[aprilmaejon]

Hello Everyone,

Would like to ask some clarification.

I came here as a student and got married in December. Until now I am still holding T4 General visa which will expire in 08-2013. Before we got married, we did not apply for fiance for I am here in the country legally as a student.
L
If I will apply for FLR(M) which category am I considered, is it the new rules or the old one?


Please Help. :Help1: Thank you very much. :heartshape1:

Hi,
How are you?
Click on this link, this might answer your question.
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/before9july/

...but since you were not under fiancé visa when you came here in the UK, probably you are in a new category of FLR(M).

Hope it help.

[Karyah]

aprilmaejon,

Thank you very much....:heartshape1:

[aprilmaejon]

aprilmaejon,

Thank you very much....:heartshape1:

My pleasure. :-)

[GraceAdam]

the word "Karyah" sounds Cebuano for me hehehe..

Based on what you've shared I think you belong under the OLD RULES because you got married last year (before 9th of July).. I just lodged my FLR(M) yesterday and going through the new rules form is very confusing :/

I hope someone will help you here in your query :)

Grace xxx

[Terpe]

Hello Everyone,

Would like to ask some clarification.

I came here as a student and got married in December. Until now I am still holding T4 General visa which will expire in 08-2013. Before we got married, we did not apply for fiance for I am here in the country legally as a student.

If I will apply for FLR(M) which category am I considered, is it the new rules or the old one?


Please Help. :Help1: Thank you very much. :heartshape1:

It doesn't really matter when you got married, the reckoning point is when your apply for leave to remain under visa leading to settlement.
Unfortunately this would put you under the new rules.

You and your husband need to find a legal way to meet the financial requirements for at least 6 months prior to an application.
It seems all is not lost and you still have time as your current student visa is valid for another 12 months.

Sorry to give this information to you. These rules are just plain wrong imo
But until someone applies, gets refused and successfully appeals against the refusal then they will remain as the rules.

[aprilmaejon]

It doesn't really matter when you got married, the reckoning point is when your apply for leave to remain under visa leading to settlement.
Unfortunately this would put you under the new rules.

You and your husband need to find a legal way to meet the financial requirements for at least 6 months prior to an application.
It seems all is not lost and you still have time as your current student visa is valid for another 12 months.



:xxgrinning--00xx3: Yes, Terpe is right.

[yellowcloud]

the word "Karyah" sounds Cebuano for me hehehe..

Based on what you've shared I think you belong under the OLD RULES because you got married last year (before 9th of July).. I just lodged my FLR(M) yesterday and going through the new rules form is very confusing :/

I hope someone will help you here in your query :)

Grace xxx

Grace, can I ask when you filled out the FLR (M) form, what did you put in the part

S E C T I O N 7 A - F I N A N C I A L R E Q U I R E M E N T

PAGE 16

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/flr/formflrm1020091.pdf

As there is no box or anything for people who APPLIED for a Fiance Visa BEFORE July 9th 2012 to be exempt from the Fiancial Requirement?

The only thing it says is


7 . 1 Are you or your sponsor in receipt of a benefit listed within the guidance notes? If you claim to be exempt from meeting the financial requirement you must submit the relevant evidence, as specified, of your eligibility to be exempt.

But this is just asking about any benefits which would make you exempt NOT about when you applied? What did you do when you filled out the form? Did you write a letter explaining you applied before July 9th? as on the guidance notes it says

You need to meet the financial requirement if you
made your first application to enter or remain here as a
partner after 9th July 2012.

Page 5

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/flr/guideflrm1020091.pdf

But on the actual application form there is no where you can tick to say that or anything? What did you do here? Or anyone else know? Just when my Fiancée FINALLY I hope gets her Fiancée Visa we will be needing to know this?

[Terpe]

Section 7A - Financial Requirement is only to be completed by those under the new rules.

Anyone who is under the old rules needs to complete section 7B - Maintenance (You only need to complete this section if you do not need to meet the financial requirement or were granted leave to enter/remain as a partner before the 9th July 2012)

[yellowcloud]

Section 7A - Financial Requirement is only to be completed by those under the new rules.

Anyone who is under the old rules needs to complete section 7B - Maintenance (You only need to complete this section if you do not need to meet the financial requirement or were granted leave to enter/remain as a partner before the 9th July 2012)

Ahh thanks Terpe, yes I just wasnt sure if we ticked the box for this part below

Yes [ ] If ‘Yes’ go to section 7B

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/flr/formflrm1020091.pdf

PAGE 16

But we do tick that part correct? Even though we don't receive any of the disability benefits but because we applied BEFORE July 9th 2012?

What has me confused it where it says

S E C T I O N 7 B - M A I N T E N A N C E

You only need to complete this section if you do not need to meet the financial requirement or were granted leave to enter/
remain as a partner before the 9th July 2012

We for my Fiancée, she wasn't granted leave to Enter before 9th of July 2012 but applied for leave to enter before 9th July 2012? So I am confused now?

[Terpe]

This is from UKBA on the 'transitional arrangements':-


Those who, before 9 July 2012, have applied for initial or further leave under the rules in force prior to that date will, if they qualify for it, be granted leave under those rules and will continue to be dealt with under those rules through to indefinite leave to remain if they qualify for it (including those who have applied for leave as a fiancé(e) or proposed civil partner), subject to the requirement from October 2013 to pass the Life in the UK test and present an English language speaking and listening qualification at B1 level or above to qualify for settlement. The new criminality thresholds will also apply to such cases.

[yellowcloud]

This is from UKBA on the 'transitional arrangements':-

Thanks Terpe, so for my Fiancée who applied for A Fiance Visa BEFORE July 9th 2012 but would get the Fiancée Visa AFTER July 9th 2012 she would fill out the section 7B and not 7a right ?

The FLR to be honest as its pretty complex. Although it would help if they added something like
You only need to complete this section if you do not need to meet the financial requirement or were granted leave to enter/remain as a partner (or you have applied for this) before the 9th July 2012

[yellowcloud]

A few questions if anyone knows the answers?


Can you still make in person appointments for an FLR?

How long is the waiting time currently to get an in person appointment for an FLR from the point of going online to book an appointment roughly? Like 1 week, a month etc?

how does that work? Do you print out the FLR form and fill it in and then go online to book and appointment and pay online?

if you did not have 3rd party support for the first application for a Fiancée Visa, can you have 3rd party support for the FLR application?

[aprilmaejon]

A few questions if anyone knows the answers?


Can you still make in person appointments for an FLR?

How long is the waiting time currently to get an in person appointment for an FLR from the point of going online to book an appointment roughly? Like 1 week, a month etc?

how does that work? Do you print out the FLR form and fill it in and then go online to book and appointment and pay online?




1. Yes.
2. It depends upon the availability of the office.
3. Yes you need to print and fill up the form. Book a personal submission of the documents. Payment details can be found in your FLR form.

I've done mine via a post and there wasn't any problem at all. Just waited for 8 weeks then I received my documents back and my biometric residence permit card.

Mind you, there's no guarantee that you'll be granted the visa immediately if you apply in person or the premium service of application.The application will still depend on the documents you have provided. Besides, submitting in person is much more expensive than sending the application via a post.

Anyway, it's all up to you. Just giving you an idea since I've been there.
Good luck with your application. :-)

[yellowcloud]

Thanks April, also wondering just how much info you need to have when you book an appointment as I was thinking of doing it before we get married as it seems like a long wait and don't want to wait 42 days after we get married for an appointment?

[aprilmaejon]

Click the link below about online booking.
http://www.ukba.homeoffice.gov.uk/aboutus/contact/applyinginperson/book-appointment/

[yellowcloud]

Just wondering, can you have 3rd party support for the FLR if you didn't have it for the initial application for a Fiancée Visa? (under pre July 9th rules)

[Tinker]

FLR have three categories.. spouse/civil partner, same sex and unmarried partner visa..its all in the same application, so if u got married u can apply for spouse visa, look and read carefully about the section of spouse visa.

[yellowcloud]

What happens if for some reason they refuse my Fiancée her FLR? She wouldn't be deported would she?

[yellowcloud]

Has anyone every been refused an FLR before? Or anyone know of anyone who has?

[Terpe]

Has anyone every been refused an FLR before? Or anyone know of anyone who has?

Yes, people have been refused FLR. Even some members here have had to endure the stress and anguish involved in facing that challenge.
Just let's be realistic. Under normal circumstances FLR approval is a formality.
Almost all the FLR refusals I have known were eventually resolved without anyone needing to leave UK and all were highly unique circumstances.

If your fiancee visa is granted all you need to do is to maintain the same (or better) compliances in order to secure FLR.
Means don't allow anything to fall below the levels (eg financials/accomodation) that were submitted in support of the fiancee visa. Remember your fiancee will not be allowed to work until after FLR is approved.

I hope that puts your mind at ease.

[yellowcloud]

Thanks Terpe, that puts my mind at ease. Have you ever known of anyone who has had to leave the UK after an FLR refusal for a Fiance to Spouse visa? and what was the refusal for?

[Terpe]

Thanks Terpe, that puts my mind at ease. Have you ever known of anyone who has had to leave the UK after an FLR refusal for a Fiance to Spouse visa? and what was the refusal for?

Not personally, no.

[yellowcloud]

Not personally, no.

Sorry I meant like on the forum etc?

[yellowcloud]

Out interest what happens to a Spouse under the NEW RULES if they were unable to meet the financial requirement on FLR now?

As I was reading

A person who does not meet the requirements of the Immigration Rules will no longer be considered for Discretionary Leave outside the rules on Article 8 grounds. A grant of Discretionary Leave provides automatic access to public funds and places the person in a better position than those who meet the rules. In future, if they do not qualify for leave under the rules, or for leave outside the rules on a genuinely exceptional basis, they will not receive any form of leave and will be expected to leave the UK.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/soi-fam-mig.pdf

Page 6 Chap 15.

Maybe I am reading it wrong but it seems to say that if someone can not meet the financial requirement at FLR ie they lose their job etc, they will be asked to leave the country, and if they don't go, they will be arrested put into a detention and deported?

On July 9th 2012 there was a new interpretation of ECHR, making it a qualified right.

So in this scenario, what would happen?

My Fiancée has applied for a Fiancée Visa June 2012 -
She is denied Fiancée Visa on Maintenance Grounds September 2012 -
We appeal -
The appeal is made using ECHR -

Would the new interpretation of ECHR be used in our appeal EVEN though we applied before the new interpretation of ECHR?
Would we be less likely to win our appeal on ECHR now if we were refused on Maintenance grounds as opposed to if the appeal was heard before July 9th 2012?