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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

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


  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

    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


  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 marksroomspain's Avatar
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    Quote Originally Posted by Slip View Post
    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.
    That's correct Slip initial entrance visa is valid for a maximum 33 months it's just to give that person a 3 month window to initially enter UK so basically as long as Harlene has completed a minimum 30 months residency then she can apply for FLR so will put it like this:

    Earliest Harlene can apply for FLR is 02/05/17 ie: maximum 28 days before her 30 month residency.

    The latest is what it says on her visa 21/08/17 so hopefully that gives you time to sort things out and a bit of a window for manoeuvre.

    As soon as your set with the requirements UKVI require and within the dates I have said then apply, it may be sooner than the latest expiry on her visa and at least another step onwards and upwards.

    Wishing you the best of luck,

    Mark...


  13. #13
    Respected Member Slip's Avatar
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    Quote Originally Posted by marksroomspain View Post
    That's correct Slip initial entrance visa is valid for a maximum 33 months it's just to give that person a 3 month window to initially enter UK so basically as long as Harlene has completed a minimum 30 months residency then she can apply for FLR so will put it like this:

    Earliest Harlene can apply for FLR is 02/05/17 ie: maximum 28 days before her 30 month residency.

    The latest is what it says on her visa 21/08/17 so hopefully that gives you time to sort things out and a bit of a window for manoeuvre.

    As soon as your set with the requirements UKVI require and within the dates I have said then apply, it may be sooner than the latest expiry on her visa and at least another step onwards and upwards.

    Wishing you the best of luck,

    Mark...
    Well we are almost there.... So I guess it's time I start looking into things and asking questions.

    Hopefully we meet the financial requirements? I don't earn £18,600 in my current job, around £500 short a year from it. But if from what I've been told that they take Harlene's salary into account too, than we should be ok... If not I do have some savings that should be satisfactory. We have been struggling on my wages and trying not to touch my savings. Just so we meet the requirements. I'm also desperate for a better paid job, but want to get the For out of the way first.


  14. #14
    Respected Member Slip's Avatar
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    Quote Originally Posted by marksroomspain View Post
    That's correct Slip initial entrance visa is valid for a maximum 33 months it's just to give that person a 3 month window to initially enter UK so basically as long as Harlene has completed a minimum 30 months residency then she can apply for FLR so will put it like this:

    Earliest Harlene can apply for FLR is 02/05/17 ie: maximum 28 days before her 30 month residency.

    The latest is what it says on her visa 21/08/17 so hopefully that gives you time to sort things out and a bit of a window for manoeuvre.

    As soon as your set with the requirements UKVI require and within the dates I have said then apply, it may be sooner than the latest expiry on her visa and at least another step onwards and upwards.

    Wishing you the best of luck,

    Mark...
    Well we are almost there.... So I guess it's time I start looking into things and asking questions.

    Hopefully we meet the financial requirements? I don't earn £18,600 in my current job, around £500 short a year from it. But if from what I've been told that they take Harlene's salary into account too, than we should be ok... If not I do have some savings that should be satisfactory. We have been struggling on my wages and trying not to touch my savings. Just so we meet the requirements. I'm also desperate for a better paid job, but want to get the FLR out of the way first.


  15. #15
    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....


  16. #16
    Trusted Member stevewool's Avatar
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    Quote Originally Posted by Slip View Post
    Well we are almost there.... So I guess it's time I start looking into things and asking questions.

    Hopefully we meet the financial requirements? I don't earn £18,600 in my current job, around £500 short a year from it. But if from what I've been told that they take Harlene's salary into account too, than we should be ok... If not I do have some savings that should be satisfactory. We have been struggling on my wages and trying not to touch my savings. Just so we meet the requirements. I'm also desperate for a better paid job, but want to get the For out of the way first.
    You have done so much in the last few months, moving to the midlands and finding work, there is lots of work out there but it seems the agencies have first choice on lots of contracts.
    Good luck in finding that job.
    We have a new chap starting on the 13th plus we are still interviewing for drivers, they are hard to find it seems, " well the right ones ".


  17. #17
    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.


  18. #18
    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.


  19. #19
    Respected Member robbie bobby's Avatar
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    Quote Originally Posted by Slip View Post
    Well we are almost there.... So I guess it's time I start looking into things and asking questions.

    Hopefully we meet the financial requirements? I don't earn £18,600 in my current job, around £500 short a year from it. But if from what I've been told that they take Harlene's salary into account too, than we should be ok... If not I do have some savings that should be satisfactory. We have been struggling on my wages and trying not to touch my savings. Just so we meet the requirements. I'm also desperate for a better paid job, but want to get the FLR out of the way first.
    Chin up Slip.you should be fine if both of u have a combined salary of the minimum.The minute my missus got her spouse visa it was just one big worry from start to finish at every step of coming to UK to then getting her extension,registering and finding work,passing the required exams not to mention having to fork out thousands of pounds at each visa extension/naturalisation.Il tell u something-The people who are on the outside looking in at our lives with spouses from far away tend to think we have it easy.If only they knew the heartaches and decisions that have to be made to keep the ball rolling here and over there too!!
    Of course it's all worth it at the end of the day but at the beginning of the journey it feels like there's no end to it all and it was really quite overwhelming on many occasions.Good luck !


  20. #20
    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!


  21. #21
    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


  22. #22
    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.


  23. #23
    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


  24. #24
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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


  25. #25
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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


  26. #26
    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.


  27. #27
    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?


  28. #28
    Respected Member cheekee's Avatar
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    Good luck mate.

    Ours comes next year.


  29. #29
    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


  30. #30
    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


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