Rob180

On 11/5/2021 at 10:12 AM, gmac said:

Pleased to hear your Leave to Remain worked out. 

 

My wife needs to apply for hers quite soon, how was the application procedure?  All online?  How long before of old leave did you apply?  Did she have to attend an interview? What supporting documents did you submit?

 

Sorry for all the questions but I get a headache when I try to plough through the Government website.  I get the impression that you actually have to start the application process to get all the information you need.

 

Any help from someone who has just just gone through it would be appreciated.

Hi, I've made 2 FLR applications and have just done an ILR application. If you want to know anything PM me. I'm going to post it all on here at some point when I have time.

Schengen Visa needed - it's easier just to go a holiday to Skegness.

The Life In the UK Test is a pile of nonsense dreamt up by the Government to generate CASH. It does that very well as I read that the first time pass rate is only about 50%. The Government supposedly created it to help people "integrate into UK society". Those who come here without the need to sit such a test from  EU countries, some of whom speak no English appear to have "integrated" without the help of this test, which the Government conveniently never mention.  I might as well continue whinging while I'm here..........B1 English Test now £175 - another rip-off. My wife passed and was in there half an hour.  ILR Visa fee now £2400, but an FLR visa now costs MORE when you add in an NHS charge of £1560 for 33 months????. MORE ?? It costs more to stay for 33 months than for another 50 years??????

On 11/3/2021 at 4:29 PM, bigyin said:

 

Thanks for clarifying. They could easily have put that information somewhere easier to find but the "Guidance Notes" are not designed like that!

You're supposed to pay the health charge first then provide the reference number on the visa application. If you submitted it without that I think you may have a problem.

I've found the part where this is mentioned!!  Family Policy (Version 14).

"If the applicant has already completed 60 or 120 months in the UK with limited leave as a partner, they should be informed that, should the reason they do not meet the requirements for indefinite leave to remain be overcome, they will be eligible to make a further charged application for indefinite leave to remain at any time within the 30 month period of leave granted under paragraph D-LTRP.1.2. or D-ILRP.1.2. They do not need to wait until their leave expires if they become able to meet all the requirements. If not, they should make their next application no more than 28 days before their leave is due to expire, or no more than 28 days before completing the period of leave in the UK required for them to be eligible to apply for indefinite leave to remain."

Looks like that answers it - you can apply for ILR any time once you have been in the UK at least 5 years and can meet the eligibility requirements.

23 hours ago, bigyin said:

For ILR you can apply from 28 days before completing five years in the UK up until the date of expiry of your current Visa.

Yes, but my query is .....does that rule apply if you've been here 6 years already?  I'm 99% sure it does not apply and that if you are on FLR after 5 years still (typically I think this can happen because someone has not achieved B1 or passed the Life In The UK Test within 5 years) you can apply for ILR as soon as you meet the requirements that you couldn't meet previously. I'm pretty sure I read this in the immigration rules, but as yet I cannot find the part where this is mentioned. I will find it eventually I suspect!

Hi, could someone clarify this please? I found a part about this somewhere, but it was ambiguous and I can't find it again now.  The immigration rules state that when applying for FLR or ILR as a spouse you should not apply earlier than 28 days before your current visa expiry date. I assume this is to prevent visa durations being shortened which could result in someone's FLR expiring before they have been in the UK 5 years which would prevent them applying for ILR. I also assume that if someone has already been in the UK for more than 5 years, this 28 day rule does not apply as they have already completed 5 years residence? In short, if you have been here say 6 years already on FLR because you have had FLR twice, can you apply for ILR any time after 5 years? Thanks.

Update:  the passport has finally arrived. After I sent an email to the complaints section, complaining about the delay and informing them a copy of the letter was being sent to my MP, the passport miraculously arrived 4 working days later. It appears the fastest way to get a passport back is as follows:  1. After a reasonable amount of time which I would deem to be 2 weeks, write to them by recorded post at UKVI PO BOX 3468 Sheffield.  2. As you will probably get no answer, do the same again after another week. 3. If there's no answer to that after another week, send a complaint by email to [email protected]  telling them a copy of the letter is being sent to your MP as you have now waited for over a month and very urgently need to travel.

An update on the passport situation. It still hasn't appeared and that's more than 6 weeks now. I used the online query form to have it returned which they say they will respond to within 10 working days. That period has passed......no response. Now I've sent a letter in the post to the Sheffield office requesting they return it. I managed to get through to the UKVI helpline and actually spoke to a human. She said write to Sheffield and request it back. She stated that passports get returned separately in case they go missing, which makes sense, then added that sometimes they forget to return the 2nd passport after returning the 1st one with the submitted documents. They forget!? Tough luck if you need to travel because someone is seriously ill or for a funeral, you won't be going. Fortunately that doesn't apply in her case but it will affect some people. They charge you over £2000 for this visa 'service' then they leave people without any means of leaving the country for nearly 2 months. Ridiculous.

PS: Don't phone that visa helpline from a mobile or you will get a NASTY charge like the one I got. The number is NOT free. From a landline it's about 12p a minute, but from a mobile it can be 40p a minute. For anyone that wants the number, it's 0300 123 2241.

I've read elsewhere that some other people have received passports back 2 or 3 weeks or even longer after leave was granted. I suppose I'll just have to hold off for a while then start contacting them which I really hate doing, because it's like talking to a tailor's dummy - they never answer anything.

I don't understand this refusal. I have a friend who has obtained 3 tourist visas to the UK for the same girl in the past 4 years. All were granted without any problem. She didn't have to provide much evidence about her finances in Thailand as he stated to them clearly that he was paying for the flights and all her costs when she was here. Sounds to me like you have good grounds to challenge their decision.

On 7/6/2019 at 2:16 PM, blackcab said:

 

A little known fact is that anyone can telephone Royal Mail customer services and ask for the full street address of any PO Box.

 

All PO Boxes must be linked to a physical street address, and the Royal Mail are quite clear that they will provide this information on request.

That's useful to know thanks.

28 minutes ago, Rob180 said:

 

Hi RASG, yes a letter came back saying her leave was granted. A new Biometric Residence Permit also arrived.  It took about 6 weeks all in.....not bad. However, about 3 weeks ago a letter also came saying all documents had been scanned and were being returned, except her passport which was being retained under Section 17 of the Asylum and Immigration Act (Claimants) 2004. I assumed at the time that this would only be until her application was assessed, but as yet her passport has not come back? 

Section 17 appears to apply to cases where leave may be terminated. I don't understand this, or why her case would ever have been considered as one which may be refused. Her application met all the criteria, she has no history of not complying with immigration rules or anything else which would make her application anything other than bog standard average. Regardless, her FLR has been granted so why would her passport not have re-appeared by now? 

I

It appears that I did send everything to the wrong address. I sent it to Durham, which I think was on the Guidance Notes. I didn't scan anything, I sent everything in the post. I didn't know you could just scan them. The whole process and the way you can't find specific answers to questions anywhere without spending days searching just bores me into oblivion now. That's probably why I ended up posting it all, to just get it out my face ????

Hi RASG. To be honest that address was the only one I could find. Predictably I've had no response to 3 queries about why they sent that letter. It's like talking to a tailor's dummy contacting them. Although one of them might give more of a response. Her biometrics were also done by S.Seria as you say, long before that letter came out saying they didn't have her documents. They must be processing the application, but I won't be contacting them to ask as they don't answer anything.

i saw on another forum that other people have also had the 'we don't have your documents' letter when they did. The system is a shambles.

A letter arrived today saying all the documents have now been digitally scanned, hence are enclosed. I don't understand why they are sending out emails saying they have not received any documents putting people into blind sweats when in actual fact they were in the process of scanning them. More so as there were articles in The Guardian last year saying the Home Office had LOST hundreds of documents including visa applications. None of the correspondence you ever get from them ever has a direct phone number for who sent it and it also does not have an address saying where it came from. They also send emails saying 'we don't have your documents' and when you reply, they don't even answer. This application was sent to DURHAM but when it arrived it was redirected to at least 1 location in Sheffield according to Royal Mail. Not only do you not really know where your passports, marriage certificates, bank statements etc are going, when they get to this unknown place you get emails saying they've not got them, then letters saying they have, but with no address on them. For this 'in the dark' service including having to sweat over letters saying we don't have your documents, you are charged over £1000. The only way to avoid this shambles is the premium service, but that costs another £700 or something. The whole system seems to be a shambles.

My wife has received an email from the Home Office saying her supporting documents have not been received. I posted these by RM Special delivery on May 17th. They were delivered and signed for on May 22nd in Sheffield. They were slow to get there because it was a weekend and the HO mail system seems to involve redirection from 1 PO Box address to another. I have replied to their email today advising them of the above and sent them the scanned receipts for both sending and delivery/collection. The documents are somewhere in their building, they signed for them and collected them! Has anyone experienced problems like this before? What will they do to resolve it, as I've got proof of sending and delivery/collection? I checked in case the email was a scam email but it appears to be genuine as the FLRMValidate@home office.gov.uk address is mentioned and comes up on email check sites as valid. What are they going to do if they can't locate it? I might not have copies of some of the documents that were in that envelope.

Another query if someone could advise please? Regarding 'Specified Evidence' in relation to the Financial Requirement, there is a part where it says a letter from the employer is required stating salary level, length of time paid salary at this level and type of contract. In the past I've had to obtain this, but this time the application wil be based on my wife's income which is non-salaried. The requirement for this letter appears to only apply to salaried. It doesn't mention such a letter being required for non-salaried. I'm assuming thus that it isn't. However, I'd be obliged if someone could confirm that, as I always think there will be some hidden clause somewhere that I've missed. Apologies if this question seems a bit obvious!

Thanks.

Thanks all. I suppose they would have to allow them to be combined, as they couldn't disregard one just because it was termed salaried or non-salaried. The fear with those rules is always that there's some hidden 'disqualifier' somewhere. I might end up doing what you did RASG and provide my self employed income evidence just to be certain. I'll see how close she is to £18600 on her own income by April, if it's a bit too close for comfort I might just have to go to the accountant. If he only charged £100 that's ok, I had visions of larger charges hence my attempts to avoid it now the visa fees have all gone up!

The situation with her method of payment from work has changed back to non-salaried from salaried. After 1 month of salaried, the company changed it back to non salaried because it generated huge amounts of queries from employees. So now she is back on NON-SALARIED. When the time comes to make the application in 2 months she is going to have 5 non-salaried payslips and 1 salaried! She will have earned more in total than the £9300 required for the 6 months prior to application, but 1 of the months is going to be salaried.

As she won't be salaried at the date of application now, it will have to be based on non-salaried, probably under Cat A. There's only going to be 5 months non salaried which would lower the non-salaried figure in total below £9300 for 6 months, but they surely can't disregard the 1 month of salaried payment as it was something the employer put in place then reversed after 1 month? The same problem would arise in Category B with the 12 months income, there would be 11 non salaried payments and 1 salaried which again would lower the annual total below £18600 if only non-salaried income was counted.

Her total income for the 6 months prior to application will be above £9300 and above £18600 for the past 12 months. I'm just not sure how they will calculate this with 1 month salaried stuck amongst non-salaried payslips?

The Guidance notes make no reference to any situations where the employer has altered the payment method for any period amongst the relevant period preceding the application.

Do you think 6 months payslips and bank statements showing gross income above £9300 in the 6 months relevant under Cat A would be acceptable despite 1 month being classed as 'salaried', if a letter from the employer was attached explaining why 1 month was salaried?

Quote

 

Thanks for your help 7, I at least know where I'm at now. This rule makes no sense, but even the Supreme Court upheld it, which is even worse. The most ridiculous thing about it is that it takes no account of income and Expenditure. So person X earns 18,600 has a large mortgage and credit card debts and has a disposable monthly income of 0, but person Y earns 18,500 has no debts, a small or even no mortgage and a disposable income of several hundred a month but person Y doesn't meet the financial requirement. I'll avoid getting on the soapbox as ranting isn't going to get it changed!

cheers

Sorry if I didn't make it clear it was hers. I was hoping to avoid evidencing the self employment part because of the hassle. Until they changed her contract she would have passed the 18600 barrier just by her non-salaried income. Now they've changed it after 2 of the 6 relevant months to the application, it appears that although such a change is outwith anyone's control, under Category A it looks like they would deem her lowest salary in the 6 months as 0, as 2 of the month's were non-salaried. My self-employed income alone wouldn't pass the 18600.

Under Category B the guidance notes say 2 parts have to be met:

First, where the applicant’s partner and/or the applicant (if they are in the UK with permission to work) is in salaried employment at the date of application and has been with the same employer, or earning the amount relied upon, for less than the last 6 months, they can count the gross annual salary at the date of application towards the Appendix FM 1.7: Financial Requirement August 2017 25 financial requirement.

Her salary at the date of application is going to be about £1000 short of 18,600 which unfortunately means I'll have to use my income to get it over the 18600. As it's only another £1000 a year required that obviously isn't a problem. The problem is the hassle and more expense. I'll need to get an accountant to produce figures even though I'm not due to do a self-assessment until January 2020 as HMRC extended the time allowed for any new form of self employment.

The 2nd part which has to be met which states income of 18600 has to be shown from the past 12 months, can probably be met by her income alone, it's the first part that's the problem.

Do you see any way of avoiding using the Category B route including my self employment income?  I might be wrong, but it does appear that under Category A, if you are salaried for 4 months and non-salaried for 2, they'll take those 2 months as the lowest months and produce a salaried figure of 0?

If there's no way round that, I'll just have to go down the Category B route using both our incomes which looks like a whole lot more hassle and more expense.

Yes she works, and her income when it was non salaried was above £18600 with overtime included. Now they've changed it to salaried it will still be over £18600 with overtime. The problem comes because they've changed everyone's non salaried payment to salaried 2 months into the 6 relevant to the application, which as you indicated might lead to them applying Category B rules and not A.  B seems to have something about salary levels in the previous 12 months not just 6. Her income was less in the few months preceding the first 2 of the relevant 6 and would fall slightly short I think. I was hoping this application could be done solely on her income as I've become self employed recently and the criteria for that to be used looks horrendous. Her income might only be £1000 a year short so obviously mine would push it well over £18600. Do you think providing proof of self employment income is less difficult than I'm thinking after reading the criteria?

I've had a closer look at Category B. If you have earned £18600 in the 12 months preceding date of application you meet the requirement. I think she might just make that by increasing her income with overtime between now and the end of April. I'm going to have to check back her earnings from 30th April 2018 until today and project what she needs to earn in the next 3 months. 

Many thanks for your help with this 7. You've alerted me to the fact that a Category B assessment will probably be made, which means I can work out exactly what she needs to earn in the next 3 months. I'll update you once I've done the calculations.

cheers

Thanks, it's difficult to fathom this out. It refers to national identity cards, but on Gov.Uk it says those are no longer accepted. I assume a Biometric Residence Permit removes the need for an ID card anyway? Would that also remove the need to submit a passport? An expired passport is classed as not valid, but it appears from the above that the most recent one will suffice? (I think) Perhaps it would be best just to go to London and get a new one as her employer may want it when her FLR expiry date approaches when they do the checks about her right to work in the UK. I was hoping to avoid the expense of a 1000 mile round trip, overnight stay and the expense of it, but it looks like not doing it could create more hassle than a trip to London.