FLR (M) - Extending stay under 'old' rules

[Tingtongmakadangdang]

Hello,

Sorry If this question has been answered before but I have been looking all evening for answers and getting myself a little stressed with all the different rules to follow!

My main question is this; My Husband came into the UK on a settlement visa with me in May 2012 (before the rule change.) If we were to apply for an extension of stay (FLR - M) in May 2014, will the new financial requirement now apply to us?

We are trying our hardest to study for the LITUK test at the moment, but wanted to find this information out as a back up plan in case he fails the test (he is not confident.)

2 weeks ago I found out I am pregnant with our first child! (Due June 2014) But of course this has put a little added pressure on the situation! I'm worried about the finances as I will be on maternity leave then and my Husband is self-employed. I have heard with self employment it is a lot harder to prove the income. Especially as he has only been working since Nov 2012 so for the last tax year has only a 5 month record!

We certainly hope to be able to apply for ILR instead if he can satisfy the KOL requirements, but being quite hormonal/stressed/wound up at the moment I want to get all options looked at. I'm so scared of the government turning around and telling us he can't be here with his wife and child because of one English test!!

Any advice appreciated

[wooloomooloo]

In addition, your husband will require to pass B1 English language.

I would advise to go hammer and tongs at LitUK and B1 English requirements and settle the matter. FLR isn't something to consider at this juncture.

Edited October 24, 2013 by wooloomooloo

[7by7]

Like wooloomooloo I recommend he does his best to satisfy the language requirement and so apply for ILR.

But to answer your question: no.

As his initial visa application was made before 9th July 2012, he comes under the old rules and so the new financial requirements will not apply to him.

Congrats on the baby.

[Tingtongmakadangdang]

Hi guys,

Thank you for the replies before. The time has come to now start doing the next part, eek! Unfortunately, he has not passed the LITUK test yet, and I don't think he is ready for it. He is currently at college doing a part time ESOL course (and doing very well I might add!) but I think he is better off staying at college for longer to be able to study and comprehend the LITUK books properly. He also works full time so I don't want to add the pressure of having to pass the test also. I am well aware doing it this way will be more expensive in the long run, but think its the best option for us.

So, I am now 7 months pregnant! Baby is growing well and healthy and we are both excited about her arrival. However, as his visa runs out in August I have the stress of FLR(M) application in my mind constantly. We arrived in the UK on 31.05.2012, so as I understand we could apply anytime from around the 5th May up until the day his visa runs out (11.08.2014 i believe) is this correct? I go on maternity leave in 3 weeks (may 1st) so planned to start putting the application together then as a project to keep me busy

So, a few questions...

1)Hubby is self employed. His first tax year he had only worked for 5 months so not a true reflection of his yearly earnings. I have, however, the calculation that we submitted for that tax year which was less than the personal allowance- so we paid no tax. This tax year has obviously just finished and we are in the process of submitting all required figures now so I can get a yearly figure to submit with FLR. Would a statement printed out from the HMRC website suffice as proof for him?? Or is the something else I need to include? He has a simple tattoo business, no employees or anything to complicate matters. It is my first time doing our own taxes as i have always been on PAYE, so it all baffles me slightly!

2)We are still living with my mother, we pay her an amount per month as contributions with no contract between us. She has lived here in this housing association house since 1996 (also where i grew up) Am I right in thinking I will need a copy of the tenancy agreement and permission from the authority that we can be living here. As well as permission from my mother of course! It is a 3 bed-roomed house and we currently have sole use of 2 of the bedrooms. Would a letter from my mother confirming this be enough?

3) As I will be on maternity leave soon, can I include my contract with my employer and previous wage slips? Obviously my earnings will be going down to SMP, do I need to show what this will be? (I have a print out of what I will be receiving per month) or can I just state when I will be on leave from? If we apply early next month my previous wage slips will show my normal earning as opposed to what I will be soon receiving.

4) Letters as proof of cohabitation. As I have said, we live with my mother and pay her a monthly contribution. Therefor all utility bills are actually in her name. I cant seem to find a clear list of what is acceptable and not. We do have plenty of letters addressed to us here which I have saved since we moved back but is it a problem to NOT have utility bills? Only one we have is a mobile phone contract each. Here are some examples of what i was planning to use, if anyone could let me know if any of them are useless please let me know!

Joint letters:

Joint account letters from Halifax bank account

A letter from the local borough council confirming we are registered as living here and have been since 2012 (they would not actually put our names on the bill so this is all I could get!)

Letters to me:

NHS Letter

local doctors surgery letter

Electoral roll poll card

Nationwide bank account statements

HMRC Tax code letter

Counterpart driving licence from DVLA

Vodafone contract direct debit confirmation letter

Husbands letters:

HMRC National Insurance contributions - Class 2 - Direct debit letter

HMRC Self assessment reminder letter

Lloyds bank account statements

NHS Letter

local doctors surgery letter

Counterpart driving licence from DVLA

Chair rental agreement from Tattoo studio he works from

College - course confirmation letter

o2 - Phone Contract confirmation

Phew!

Now I was thinking of going for a PEO appointment so we can have a same day answer. I know this costs more but I am scared of having this decision hanging over our heads while dealing with a newborn. What are your thoughts on this if you have been through the process yourself? Any indication as to how long a postal application would take? Any advantage to be had going to see them in person whilst obviously heavily pregnant?

So sorry for the long message everyone, but I really want to be on top of things. So worried as I get more heavily pregnant this is going to stress me out, just need to know I have things under control.

Any advice given will be much appreciated!!

Thanks!!

And Sawadee Pi Mai!

[Tingtongmakadangdang]

Any insights anyone? x

[7by7]

1) He needs evidence of his and your income and finances, so his SA statement should suffice; along with bank statements etc. Remember, as he comes under the old rules he only has to show that he can be supported and accommodated without recourse to public funds; i.e. he completes Section 7B of Form FLR(M), not 7A.

2) A letter from your mother saying that you can still live with her, that there is room for you and what, if any, rent you pay should suffice. A letter from her landlord confirming this will help, but is not essential.

3) It is your earnings at the time of the application which counts. So say that you are on maternity leave and receiving SMP and include evidence of this.

4) Not having utility bills is not a problem. Any sort of quasi official letter, such as NHS card, bank letter, mobile phone bill, is fine. See Section 12, Note 6 of Form FLR(M) for more examples.

You should read the FLR(M) Guidance notes before completing the form.

[Tingtongmakadangdang]

Thanks so much, 7by7, for your reply, I really want to get this right first time of course. I really appreciate your knowledge!

I have been looking through the application form today. In section 4 when they ask about Children, is this only asking about dependent children that are applying with him?

Question 4.1 Do you and your sponsor have any children together?

I don't know whether to a) Not answer this question and leave it blank as nobody is applying with him If i do answer it, as I'm 7 months pregnant with our first child, is the answer yes or no?! I feel like ticking either answer would be false!

[7by7]

It is a confusing one. The section is headed 'Dependant children who are applying with you' but then asks about children who are not applying!

If your child is not yet born when your husband submits his application, then tick 'No' to Q 4.1 (unless you already have children together, of course).

Then, in 4.7 say that you are pregnant and when the child is due.

If the child has been born when he submits his application (or if you do have other children together) then tick 'Yes' to 4.1 and include their details in 4.4.

Better, I think, to enter these details and find out they were not required than leave them out and find that they were!