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Posted

Hi, I'm hoping you may be able to advised me on the FLT route...we applied initially for a visa to get married in the UK which after 4 months was rejected so we did get married in BKK and after another 4 months the visa was granted and my wife was able to come to the UK and live with me here. It basically took more than 8 months of supplying an incredible amount of information from my accountants plus banks and all the other different sources, with photos etc etc.

Now the two years is coming to an end and we have to apply I guess for a further leave to remain in the UK for another 2 and a half years, do we have to supply all the information again including the financial requirements. Any advise would be really appreciated Thanks Steve

Posted

Indeed, the financial requirement is the same for all three applications, initial visa, FLR and ILR, and current evidence as per the specified evidence appendix, dependent upon how you are meeting it, is required each time.

However, for both FLR and ILR the applicant's (your wife's) earnings, if any, can be used as well as or instead of the sponsor's (yours). So if your wife is working and earning sufficient on her own to meet the requirement then her earnings alone can be used and yours ignored.

For FLR the English requirement is the same as for the initial visa, and the same pass can be used.

For ILR it is B1 or better in English speaking and listening plus the LitUK test; see here.

For more information on FLR see Apply to remain in UK with family, for ILR see Apply to settle in the UK.

BTW, the initial visa/BRP is valid for 33 months and one applies for FLR after living in the UK for 30 months; not two years. Your wife can apply at the end of two years, but when that FLR expires she will still be 6 months short of the minimum 5 years residence needed for ILR so would have to make, and pay for, another FLR application!

Posted

Indeed, the financial requirement is the same for all three applications, initial visa, FLR and ILR, and current evidence as per the specified evidence appendix, dependent upon how you are meeting it, is required each time.

However, for both FLR and ILR the applicant's (your wife's) earnings, if any, can be used as well as or instead of the sponsor's (yours). So if your wife is working and earning sufficient on her own to meet the requirement then her earnings alone can be used and yours ignored.

For FLR the English requirement is the same as for the initial visa, and the same pass can be used.

For ILR it is B1 or better in English speaking and listening plus the LitUK test; see here.

For more information on FLR see Apply to remain in UK with family, for ILR see Apply to settle in the UK.

BTW, the initial visa/BRP is valid for 33 months and one applies for FLR after living in the UK for 30 months; not two years. Your wife can apply at the end of two years, but when that FLR expires she will still be 6 months short of the minimum 5 years residence needed for ILR so would have to make, and pay for, another FLR application!

7by7

When my wifeapplied for FLR some years ago at Liverpool , the application did not get past the initial scrutiny , due to some Bizarre and confusing requirement that the application could not be made prior to 28 days before a 2 year period of residence.

I know many aspects of the immigration system are constantly changing, is this one that as been abolished

Posted

Thank you all very much for the replies, has really helped, yes it will be 2 and a half years in July when the visa expires at least this time we will be in the same country I'm hoping my wife will be able to help me with some of the collecting and printing of the evidence that we need to supply.

Im not going to start moaning about why we have to again jump through so many hoops as I guess you've heard it all before, really not easy the last time and failed the initial attempt for not supplying enough financial information after that we used a company from the North of England mythai visa who were really good and helped us through every step of the process to successfully obtain the visa, unfortunately they have stopped trading, so will be looking for agents if anyone knows to help us through the process again.

Best Regards Steve

Posted

Unless the way you will be meeting the financial requirement has changed since her initial visa application, you simply need to provide the same documentation as before; updated, of course.

Plus the evidence of continued relationship and other documents in Section 13 of the form.

Members here may very well be able to answer most questions you may have, but if you do feel the need for a professional advisor see Find an immigration adviser.

Posted

7by7, Sounds easy, however the last time I had 'my thai visa' representing us and it all went without a hitch the second time, thanks to only submitting the application when Daniel & Kate was sure we had all the information with a water tight case including a two prongued attack savings and earnings unfortuneately being the director of a small company the information I had to supply was endless my accountants workload increased daliy having to produce wage slips and dividends to prove the £18,600, I must admit I am not looking forward to another application without My Thai Visa who have stopped operating.

If my wife visa finishes July 3rd this year when do you think we should send in the completed application, Thanks...Steve

P.S A crazy thought I no, but if we are successful with our application will UKBA return our fee....of £649.00??

Posted

As said, it is up to you whether or not to use an agent, but if your employment and financial circumstances are still the same then the same, albeit updated, evidence will suffice to show that the financial requirement is met.

Have a read of the financial requirement appendix and the specified evidence appendix linked to above.

She can apply up to 28 days before the date she has lived in the UK for 30 months and if she does then her FLR will begin on that 30 month date.

But she must apply by the day her current visa expires at the latest (I think a few days leeway is given here, but I wouldn't rely on that). If this means she has not yet lived in the UK for 30 months at that time then a second FLR will be required to bring her up to the 5 year residency required for ILR.

Don't worry if her current visa will expire while her FLR application is being decided; provided she submits her application in time her current permission to remain will be automatically extended until her FLR application is decided.

As with a visa application, the fee is to cover the cost of processing the application (plus a tidy profit for HM treasury!) and so will not be refunded if the application is refused.

However, if for some reason she is refused then the NHS surcharge will be refunded.

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