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Thread: I'm a bit confused!

  1. #1
    Member Faye_and_Brian's Avatar
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    I'm a bit confused!

    I have met a filipina friend who also came on fiancee visa same as mine, got married here in the UK last year. They phoned up UKBA for the right form to fill up and immigration staff advises them to apply for SPOUSE VISA (as far as I know, you can apply for spouse visa if you are married in the Philippines, am I right?) she is now on SPOUSE / PARTNER LEAVE TO REMAIN (2 years) while me is on FURTHER LEAVE TO REMAIN which is also 2 years, am I doing the right thing? What is the difference? I thought after marrying a British National you are then acquire to apply for FLR (M) for your extension to stay. Im a bit confused


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    Member Faye_and_Brian's Avatar
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    Anyone there?


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    Respected Member andy222's Avatar
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    No idea but some of these guys will know just be patient.


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    Admin's Assistant ^_^ raynaputi's Avatar
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    Technically they are the same (If I'm not mistaken)..Spouse visa is what someone married would get when she applied outside UK..FLR(M) is what to apply by someone who entered UK via Fiance(e) Visa and then got married in the UK.. But you said she got a Spouse/Partner Leave to Remain which I'm guessing is the FLR(M). I'm just not sure what it actually says in the BRP card as I haven't received mine yet. Probably someone else can confirm this.
    -=rayna.keith=-
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    Quote Originally Posted by Faye_and_Brian View Post
    ....... while me is on FURTHER LEAVE TO REMAIN which is also 2 years, am I doing the right thing? .....
    Yes.
    Following the marriage on a fiance(e) visa it's normal to apply FLR(M)

    The important issue is that both you and your friend have leave to stay for 24 months which is the qualifying period for ILR under the old rules.


  6. #6
    Member Faye_and_Brian's Avatar
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    Thanks guys! I have researched it and got this information from the other website >>>>>>>>>>>
    The UK spouse visa is also known as a UK marriage visa. This visa allows spouses (married partners) of UK citizens or permanent residents to apply to enter or stay in the UK on the basis that they are married to a person who is present and 'settled in the UK'. 'Settled in the UK' means that you are ordinarily resident in the UK with no immigration restrictions on the length of your stay.

    Can I work on a spouse visa?

    As the holder of a spouse visa you are eligible to work or study in the UK as soon as your visa has been granted.
    Spouse visa requirements

    To qualify for a UK spouse / marriage visa you must satisfy the following requirements:

    You and your spouse with settled status in the UK must be 18 years of age or over.
    You and your spouse must have met each other and you must be legally married. This is to prevent situations that can occur as a result of arranged marriages.
    You and your spouse must intend to live together on a permanent basis.
    You and your spouse must have sufficient funds to support yourselves (and any dependents) without claiming public funds.
    Your sponsoring partner must be earning a minimum of £18,600 per annum or have sufficient savings to be able to sponsor you. The minimum financial requirement will increase if they are also sponsoring dependant children.
    You must have suitable accommodation available for you, your spouse and any dependants.
    You must satisfy the English language requirements.

    How to apply for a spouse visa

    You can apply for a spouse visa from overseas or from within the UK. If you are already in the UK on a fiance visa, or a work visa or student visa valid for more than six months you may be eligible to switch your visa status to that of a spouse visa holder.

    The typical processing time for a spouse visa application is 2 – 12 weeks from the time we submit your application to the UKBA. The processing time varies depending on which country you make your application from.
    UK spouse visa duration

    If applying from overseas a spouse visa will initially be issued for a period of 33 months. If applying from within the UK a spouse visa will be issued for 30 months.

    You can also apply for a spouse visa extension for an additional 30 months. This can take your total time in the UK on this visa up to 5 years. At this point you can apply for Indefinite Leave to Remain (ILR) in the UK provided that you are still married and living in the UK with your spouse and can continue to meet the maintenance requirements.

    Once you have been granted ILR you may also be eligible to apply for British Naturalisation (also known as British Citizenship).
    UK spouse visa - additional information

    Entry clearance
    If you are seeking to enter the UK on the basis of your relationship with a UK national you must apply for entry clearance before you enter the UK.

    If you are applying for leave to remain from inside the UK on the basis of your relationship with a UK national you must have leave to remain in the UK on a visa that is valid for six months at the time you make your application. Please note that you cannot switch into the spouse visa category if you are already in the UK and were initially admitted to the UK for a period of less than six months. For example, if you were initially admitted to the UK as a visitor or a prospective student.

    English language requirements for partners
    All partners, spouses, civil partners, fiancés and prospective civil partners must provide evidence to show that they can speak and understand English.

    You must meet the English language requirement if:

    You are a national of a country outside the European Economic Area and Switzerland; and
    You are in a relationship with a British citizen or a person settled in the UK; and
    You want to apply to enter or remain in the UK as that person's husband, wife, civil partner, fiance, proposed civil partner, unmarried partner or same-sex partner.

    If you are not a national of a majority English-speaking country or do not have a degree taught in English then you will be required to pass an acceptable English language test with an approved test provider.

    If you are applying for a spouse visa from abroad we can also make arrangements for you to take an approved English language test in your home country.

    Please contact us to find out more about what you need to do to satisfy the English language requirements.

    Dependants
    If you and your spouse have children under 18 years of age they are allowed to enter the UK as your dependants. You should make an application for your dependants at the same time that you make your spouse visa application. However, your sponsoring spouse must demonstrate income of a particular amount, the level of which varies depending on the number of children being sponsored.
    What to do if your relationship breaks down

    If your marriage, civil partnership or other relationship breaks down permanently while your partner still only has limited permission to enter or remain in the UK (i.e. during the probationary period before they can apply to live here permanently), you should tell the United Kingdom Border Agency (UKBA) by writing to:

    Evidence and Enquiry Unit
    Lunar House
    12th Floor (Long) Corridor
    40 Wellesley Road
    Croydon
    Surrey
    CR9 2BY

    You must quote your partner's full name (as recorded in their passport), date of birth and their entry clearance or UKBA reference number (if known).

    If you write to inform the UKBA that your relationship has broken down they will consider whether it is appropriate to curtail your former partner's permission to stay in the UK. However, this will not automatically happen if the basis of their stay has changed - for example, they may qualify for permission to remain in the UK on a different basis, or there may be other compassionate or relevant reasons why it would not be appropriate to curtail their stay. Before taking any action the UKBA will ask for your permission to use the information you have given them.


  7. #7
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    This is very helpful information.


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