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  1. #1
    Respected Member Slip's Avatar
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    Further leave to remain

    Are the requirements the same as when I got Harlene here on a spouse visa?
    Reason I ask is I am about to move home and be unemployed for a while (hopefully not too long) Harlene has been here since November 2014. So not to sure when, but I'm guessing by the start of next year we have to start preparing for her application.

    So I am hoping that someone here can point me in the right direction for requirements for further leave to remain. Harlene is worried if my new job doesn't meet the salary expectations they will send her home. Surely they can't when we have a child here.


  2. #2
    Respected Member tiger31's Avatar
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    They can send her home and even more likely now may is in power .I am stuck in Ireland nobody knows what's gonna happen in the future.


  3. #3
    Respected Member marksroomspain's Avatar
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    Quote Originally Posted by Slip View Post
    Are the requirements the same as when I got Harlene here on a spouse visa?
    Reason I ask is I am about to move home and be unemployed for a while (hopefully not too long) Harlene has been here since November 2014. So not to sure when, but I'm guessing by the start of next year we have to start preparing for her application.

    So I am hoping that someone here can point me in the right direction for requirements for further leave to remain. Harlene is worried if my new job doesn't meet the salary expectations they will send her home. Surely they can't when we have a child here.
    Hiya Slip,

    Not to frighten you but technically they can deport your wife if you or her seperately or jointly don't meet the income requirements but here is the good news...

    The probability of that happening in my opinion and cases which I have studied is virtually zilch as in the fact you have a child together who is a British Citizen.

    Under Article 8 of the a European Convention of Human Rights which gives a right to respect a persons private and family life which has to be considered if and this is a big if your wife's curtailment is cut short regarding failure to secure FLR.

    Basically it means "The best interests of the child comes foremost in any decision before a possible tribunal and as the child is a British Citizen the law is on your side as no British Citizen can be deported and no judge in my opinion would separate a child from its loving mother.

    Remember we are still part of the EU for the next couple of years at least so it's in your favour.

    The probable worst case scenario would be your wife is put on the 10 year route to full settlement (ILR) which is more expensive in the long run but for a little peace of mind that is nothing considering what you both have together.

    Please get advice if needs be, I can say that they will say the same thing as me, hope I have put your mind to rest a little...

    Take care...


  4. #4
    Respected Member Michael Parnham's Avatar
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    Don't worry I would imagine it to be very unlikely.


  5. #5
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    Quote Originally Posted by Slip View Post
    Are the requirements the same as when I got Harlene here on a spouse visa?
    Reason I ask is I am about to move home and be unemployed for a while (hopefully not too long) Harlene has been here since November 2014. So not to sure when, but I'm guessing by the start of next year we have to start preparing for her application.

    So I am hoping that someone here can point me in the right direction for requirements for further leave to remain. Harlene is worried if my new job doesn't meet the salary expectations they will send her home. Surely they can't when we have a child here.
    You've received accurate info from marksroomspain

    The requirements are the same.
    Chin up, try for that job with sufficient income.
    Worst case scenario is 10 yr route.

    Tell your wife to relax, she'll not get deported. Period


  6. #6
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    Quote Originally Posted by Slip View Post
    Are the requirements the same as when I got Harlene here on a spouse visa?
    Reason I ask is I am about to move home and be unemployed for a while (hopefully not too long) Harlene has been here since November 2014. So not to sure when, but I'm guessing by the start of next year we have to start preparing for her application.

    So I am hoping that someone here can point me in the right direction for requirements for further leave to remain. Harlene is worried if my new job doesn't meet the salary expectations they will send her home. Surely they can't when we have a child here.
    You've received accurate info from marksroomspain

    Worst case scenario is 10 yr route.
    Chin up, try for that job with sufficient income.


  7. #7
    Respected Member Slip's Avatar
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    Thanks everyone for your comments.

    I have no worries that I can find a job that will meet the requirements income wise. My only concern is I have yet to secure a job and won't do until I move there.
    Just thinking worst case scenario I don't find work for 6 months or so.

    I have also now handed my notice in at my current job as well. Although I have not specified a leaving date yet. Just informed them as per terms of my contract, I was giving a months notice and when I get the moving date so long as I have worked the months notice they will let me go at short notice.
    Will see what they say when I am back to work next.


  8. #8
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    Quote Originally Posted by Slip View Post
    Thanks everyone for your comments.

    I have no worries that I can find a job that will meet the requirements income wise. My only concern is I have yet to secure a job and won't do until I move there.
    Just thinking worst case scenario I don't find work for 6 months or so.

    I have also now handed my notice in at my current job as well. Although I have not specified a leaving date yet. Just informed them as per terms of my contract, I was giving a months notice and when I get the moving date so long as I have worked the months notice they will let me go at short notice.
    Will see what they say when I am back to work next.
    When's your due date for FLR?


  9. #9
    Respected Member Slip's Avatar
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    Quote Originally Posted by Terpe View Post
    When's your due date for FLR?
    Not sure, Harlene came here end of November 2014


  10. #10
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    Quote Originally Posted by Slip View Post
    Not sure, Harlene came here end of November 2014
    You need to check on that.
    It"s an important date for you botn


  11. #11
    Respected Member Slip's Avatar
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    Quote Originally Posted by Terpe View Post
    You need to check on that.
    It"s an important date for you botn
    Well I know she arrived in the UK on November 30th 2014.

    Just looked in her passport. Says spouse visa start date 21/11/14- 21/8/17

    So if that's right we have just over a year to apply for FLR. Which is a bit of a relief as I am sure I will be working and hopefully fully established in my new job in a years time.


  12. #12
    Respected Member Longweekend's Avatar
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    Fingers crossed Slip, I'm sure it will be fine and that new job will be along soon....


  13. #13
    Respected Member Slip's Avatar
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    How does the biometrics thing work now?
    Reading old posts on here and they say once you submit your application they then will ask for your biometrics.

    Yet elsewhere I read you need to put it in with your application.


  14. #14
    Trusted Member stevewool's Avatar
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    Quote Originally Posted by Slip View Post
    How does the biometrics thing work now?
    Reading old posts on here and they say once you submit your application they then will ask for your biometrics.

    Yet elsewhere I read you need to put it in with your application.
    The first one Emma did , you submit it and then they send you another letter.
    Emma went to the Post Office and they did the prints and picture and signature all for a fee, but doing it this way it was quicker and straight forward too.


  15. #15
    Respected Member Slip's Avatar
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    Can someone point me in the direction where you apply for FLR. Also my wife was telling me about a health surcharge she needs. Apparently they are telling her about it on one of her Facebook groups.... This is a new one to me.

    I'm still a couple of months away from applying and already my head's exploding!


  16. #16
    Trusted Member stevewool's Avatar
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    Quote Originally Posted by Slip View Post
    Can someone point me in the direction where you apply for FLR. Also my wife was telling me about a health surcharge she needs. Apparently they are telling her about it on one of her Facebook groups.... This is a new one to me.

    I'm still a couple of months away from applying and already my head's exploding!
    Have you been on the Gov web site Slip, its all on there


  17. #17
    Respected Member grahame 1's Avatar
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    Quote Originally Posted by Slip View Post
    Can someone point me in the direction where you apply for FLR. Also my wife was telling me about a health surcharge she needs. Apparently they are telling her about it on one of her Facebook groups.... This is a new one to me.

    I'm still a couple of months away from applying and already my head's exploding!
    It is all on the form you pay £250 for the health surcharge.


  18. #18
    Respected Member Slip's Avatar
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    Quote Originally Posted by grahame 1 View Post
    It is all on the form you pay £250 for the health surcharge.
    I did the calculator on the website, we pay £500 apparently, £200 per year, so we are applying for another 2 and half years so it says £500.


    My next question is regarding the English test requirements. Harlene has passed the ielts with an overall band score of 6.0 is this ok, or will she need to do another English test


  19. #19
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    Here's the FLR(M) form:-

    https://www.gov.uk/government/upload...M_-12-2016.pdf

    Here are few extracts:-

    Applications on this form may be made online, by post or in person at one of our Premium
    Service Centres. To apply in person, you must make an appointment.
    If you apply by post, you must send your application to the following address:
    Home Office
    Leave to Remain - FLR(M)
    PO Box 495
    Durham
    DH99 1WR
    ....... application forms change periodically. If you obtain this form some time before applying,
    please check that it is still the version which must be used when you are ready to apply
    Application for an extension of stay on the basis of your family life in the
    UK as the partner or the dependent child of a person present and settled in the UK or as a partner or as the dependent child of a person with refugee leave
    or humanitarian protection or as the dependent child of a person who has, or is at the same time applying for, limited leave to enter or remain as the partner
    of a person present and settled in the UK and for a biometric immigration document
    [QUOTE]
    .......As part of your application you are required to enrol your biometric information. You will be charged an additional handling fee for this service, payable to the Post Office Ltd. You must pay the fee by cash or debit card when you attend Post Office Ltd to enrol your biometrics. Each dependant included on your application must also pay this fee when they enrol their biometric
    information. Do not send the biometric enrolment fee with your application fee.

    Slip look to section 8 of the FLR(M) application form on page 48 for the Application of Biometric residence permit


    As part of your application you may be required to pay the Immigration Health Surcharge. Before
    going any further, you should check https://www.gov.uk/healthcare-immigration-application to confirm if an Immigration Health Surcharge assessment is required as part of your application. You must complete this before submitting your application and enter the reference number in this
    application.
    ..Where the applicant has to meet the minimum income threshold, the financial
    requirement can be met in the following 5 ways:

    - Income from salaried or non-salaried employment of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as
    Category A or Category B, depending on the employment history. See section 5 of this guidance.
    I've highlighted the key wording
    Means you and your wife can use both incomes


  20. #20
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    Here's the FLR(M) form:-

    https://www.gov.uk/government/upload...M_-12-2016.pdf

    Here are few extracts:-

    Applications on this form may be made online, by post or in person at one of our Premium
    Service Centres. To apply in person, you must make an appointment.
    If you apply by post, you must send your application to the following address:
    Home Office
    Leave to Remain - FLR(M)
    PO Box 495
    Durham
    DH99 1WR
    ....... application forms change periodically. If you obtain this form some time before applying,
    please check that it is still the version which must be used when you are ready to apply
    Application for an extension of stay on the basis of your family life in the
    UK as the partner or the dependent child of a person present and settled in the UK or as a partner or as the dependent child of a person with refugee leave
    or humanitarian protection or as the dependent child of a person who has, or is at the same time applying for, limited leave to enter or remain as the partner
    of a person present and settled in the UK and for a biometric immigration document
    [QUOTE]
    .......As part of your application you are required to enrol your biometric information. You will be charged an additional handling fee for this service, payable to the Post Office Ltd. You must pay the fee by cash or debit card when you attend Post Office Ltd to enrol your biometrics. Each dependant included on your application must also pay this fee when they enrol their biometric
    information. Do not send the biometric enrolment fee with your application fee.

    Slip look to section 8 of the FLR(M) application form on page 48 for the Application of Biometric residence permit


    As part of your application you may be required to pay the Immigration Health Surcharge. Before
    going any further, you should check https://www.gov.uk/healthcare-immigration-application to confirm if an Immigration Health Surcharge assessment is required as part of your application. You must complete this before submitting your application and enter the reference number in this
    application.
    ..Where the applicant has to meet the minimum income threshold, the financial
    requirement can be met in the following 5 ways:

    - Income from salaried or non-salaried employment of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as
    Category A or Category B, depending on the employment history. See section 5 of this guidance.
    I've highlighted the key wording
    Means you and your wife can use both incomes


  21. #21
    Respected Member Slip's Avatar
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    Well I am starting Harlene's FLR application this week. Going to take some time to gather everything together. I've set no time scale as such, but hope to have it all done by the end of May to send in.


  22. #22
    Respected Member Slip's Avatar
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    I just printed off the forms (now need new ink!) I take it you can't fill the application out online?


  23. #23
    Respected Member cheekee's Avatar
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    Good luck mate.

    Ours comes next year.


  24. #24
    Respected Member Slip's Avatar
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    Quote Originally Posted by cheekee View Post
    Good luck mate.

    Ours comes next year.
    Good luck


  25. #25
    Respected Member Slip's Avatar
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    Stuck here, don't know what to put.

    2.2 Is this the first time you have applied for a visa or extension of stay in one of the above
    categories (including previous leave granted as a fiancé(e) or proposed civil partner) with your
    current sponsor?

    Yes No
    Is it yes or no?

    2.3 Please indicate what stage of extension of leave you are applying for or why you are
    choosing to extend your current leave in one of the above categories.


    First period of leave to remain (following an initial period of entry clearance as a partner of a
    settled person, or person who is in the UK with refugee leave or humanitarian protection, or
    as a child of a person who has limited leave as the partner of settled person, or following an
    initial period of entry clearance as a fiancé(e) or proposed civil partner of a settled person - 6
    months).


    You are making a first application from within the UK but have not previously had leave to
    enter/remain as a partner of a settled person, or person who is in the UK with refugee leave
    or humanitarian protection or a child of a person who has limited leave as the partner of a
    settled person or person who is in the UK with refugee leave or humanitarian protection.


    Second period of leave to remain (following initial grant of leave to remain as a partner of a
    settled person or person who is in the UK with refugee leave or humanitarian protection, or
    as a child of a person who has limited leave as the partner of a settled person).


    Further period of leave following a previous grant of leave to remain as a partner of a settled
    person or person who is in the UK with refugee leave or humanitarian protection, as a child of
    a person who has limited leave as the partner of settled person, or following an initial period
    of entry clearance as a fiancé(e) or proposed civil partner of a settled person - 6 months)


    Or
    You delayed your travel to the UK by more than 3 months after the issue of a visa, and have
    not yet completed the relevant period of time in one of the categories at question 2.1
    You require further leave to remain to obtain the relevant qualifications to meet the
    Knowledge of Language and Life in the UK (KoLL) requirements to apply for indefinite leave
    to remain.


    You were granted entry as a fiancé(e) or proposed civil partner, but have not yet married or
    entered into a civil partnership. Please explain why in the box below and state when your
    marriage or civil partnership will take place.
    Then which one of the seven options listed above?

    Not sure. Harlene came here on a spouse visa almost 30 months ago, so this will be the first time to extend to FLR


  26. #26
    Respected Member Leen's Avatar
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    I think it's a YES and first choice,but if i have time i will check my documents from my application i think i save themgood luck with your application
    The best and most beautiful things in the world cannot be seen or even touched. They must be felt with the heart


  27. #27
    Respected Member cheekee's Avatar
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    I would say

    1) yes

    2) first category


  28. #28
    Respected Member Slip's Avatar
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    Well just spent the morning with Harlene filling out the novel that is the FLR application. Tomorrow we will post it with the various other documentation.

    Then we wait!


  29. #29
    Respected Member grahame 1's Avatar
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    Just be aware when they ask for your wife's bio metrics from the post office. A lot of them don't do it . You have to check first. We had to travel 30 miles for our nearest one.


  30. #30
    Respected Member Slip's Avatar
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    Quote Originally Posted by grahame 1 View Post
    Just be aware when they ask for your wife's bio metrics from the post office. A lot of them don't do it . You have to check first. We had to travel 30 miles for our nearest one.
    Thanks. I did look into this. I know there isn't one close by. But one of the Facebook groups my wife belongs to, they said that they send you a list of post offices where you can get biometrics done when they write to ask for them.
    Living not to far from the centre of Leicester, I am certain there must be one there.


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