Help with UK FLR M visa form

[samsong101]

Hello all,

I need someone to help me with the form, section 2.2 which says "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 fiance or proposed civil partner)with your current sponsor?

My wife is on a spouse visa and we are soon to be applying for the flr visa so do we answer no to the question or are they asking if she is applying for her first visa?

the questions are sometimes not straight forward and i dont want to make any mistakes on the form.

Also for 2.3 which box do i tick as this is the first time we have applied for flr?

I know this sounds silly but the guidance notes for the initial visa had an explanation for each question but this one has a very brief guidance note which sometimes is very vague, and i would like the form to be easier to understand.

One more thing, for the financial requirement should i go through the salary route or the cash savings route as for the salary route i have met the amount needed but only started the second job in October 2015,do i have to work for a whole year earning over 18600 or as long as i will earn that amount that will suffice?

Or should i use the cash savings route as i was gifted money from my parents in October 2015?

We are planning on applying in May 2016 so need to get things sorted soon.

Any help would be great.

samsong

[7by7]

Q 2.2 answer 'No.' She has previously applied for a visa as your spouse.

Q 2.3, tick the first box; 'First period of leave to remain........' A visa is leave to enter, not leave to remain. So this is her first period of leave to remain.

If using earned income to meet the requirement it doesn't matter if your income is variable, comes from two or more jobs and/or if you have changed jobs in the last 6 months; as long as your gross annual salary at the time of application is at least £18,600 p.a. in total. See section 5.3; Category B, Less than 6 months with current employer or variable income - person residing in UK of the financial appendix.

But as you started the job last October, you will have been in that job for 7 to 8 months when she applies, so can use ​Catergory A, With current employer for 6 months or more - person residing in UK.

If using cash savings they must have been in your complete control and possession for at least 6 months prior to the application. You also need to name the source of those savings, though, strangely, you do not need evidence that the money was a gift rather than a loan; they'll take your word on that. See section 7; Category D, Cash savings.

Edited April 11, 2016 by 7by7

[samsong101]

Thanks 7by7 for the reply, much appreciated.

I will go through the salary requirement route but what should i do about the cash savings in my account gifted by my parents?

Should i tell them where the money came from even though i am not using it to meet the requirements? I have two jobs now but started the second job in Oct 2105 to meet the requirements but asked my parents to gift me some money just in case i didnt get the second job in time but luckily i did. So will not disclosing a letter with the application explaining where the money came from affect the outcome of the visa application?

Any help will be great.

samsong

Edited April 11, 2016 by samsong101

[7by7]

You only need to provide the specified evidence for the category you are using to meet the financial requirement.

So, if you decide to meet it through earned income you do not need to mention the savings at all, let alone provide any evidence of them.

But were I in your position, I would use cash savings, not income; because it's simpler.

Have a look at Immigration Rules Appendix FM-SE: family members specified evidence

Paragraph 2 covers meeting the requirement through income. You'll see that a lot of evidence is required, including a letter from your employer(s).

If you look at paragraph 11 you will see that if you use cash savings all you need to provide is

• personal bank statements showing that at least the level of cash savings relied upon in the application has been held in an account(s) in the name of the person (i.e. you or your wife) or of the person and their partner (i.e. you and your wife) jointly throughout the period of 6 months prior to the date of application.
• A declaration by the account holder(s) of the source(s) of the cash savings.

Although the above asks for 'personal bank statements' the money does not have to be in a bank. Paragraph 11A( a ) says where the money can be held, and paragraph 1(aa) says what evidence you need if the money is not in a bank account, e.g. a building society pass book..

Paragraph 11A( b ) onwards gives the extra evidence required for some sources of the funds, such as the sale of shares or property within the last 6 months. But as the money was a gift from your parents, you wont need any that.

So, if you do use these savings instead of your income, all you need are the documents in paragraph 11. Although, even though it's not required, it might be a good idea to include a statement from your parents confirming that the money is a gift, not a loan.

It's obviously your choice, but I know what I would do.

[samsong101]

Thanks for the advice 7by7, I think i will take the simpler option with the savings route because i want this application done the easiest way possible.

Thanks again

samsong

[samsong101]

Hello all

I have nearly finished the FLR M form, i am going through the cash savings route to meet the requirement, do i send off all of the form or just the pages that apply to me? There are 74 pages and some of them are blank as they dont apply so i was wondering if not sending them will matter.

Thanks

samsong

[7by7]

Send them all, even those that do not apply to your wife and so have been left blank.

That way the decision maker knows that they are blank rather than missing.

[samsong101]

Thanks for the reply

On the declarations pages do we sign all the pages at the end of the form or just certain ones and does my wife sign in her Thai or English signature?

One more thing, for the sponsor letter who do I address the letter to?

Thanks

[7by7]

Section 14:-

She signs the one "From the applicant"

The relevant people, if any, sign the ones "If the account with the bank or utility company is in the joint names of the applicant and other people, each of those others should sign the following declaration" and "If the account with the bank or utility company relates to another person who is to provide the applicant with financial support, that person* should sign the following declaration"

Section 15 - Declarations (spouses and civil partners)

She signs the one "By the applicant"

You sign the one "By the applicant’s spouse or civil partner"

Ignore "Section 15 - Declarations (proposed civil partners, fiancé(e), unmarried partners and same-sex partners" as you are married.

Whether she signs in Thai or English is up to her. I'd use the same signature she used on previous applications, i.e. her initial spouse visa.

I always address any sponsor's or covering letter "To whom it may concern."

[samsong101]

Thanks for the reply

On the maintenance section, do I have to fill that in as I get child tax credits or is it just for people exempt from meeting the financial requirement?

Thanks

[7by7]

Section 7B is for people who are exempt from the financial requirement and so have to show that they can be adequately maintained without recourse to prohibited public funds instead.

People are exempt because:

• they were granted leave to enter or remain as a partner following an application made before 9th July 2012, or
• their sponsor (you) is in receipt of at least one of the disability-related benefits or carers allowances listed in section 21d) of the guidance notes; that list does not include child tax credits.

As neither apply to your wife she fills in section 7A and leaves 7B blank.

Remember, too, that she only needs to complete the parts of 7A which are relevant to the way or ways she is meeting the financial requirement.

[samsong101]

Thanks for the reply,

I will meet the financial requirement by using my full time job and the cash savings gifted by my parents to meet the requirement,but what do i do with the second job payslips and p60 i received from them? Do i use them in the application and write on the form the combined salary of both jobs or just use my full time salary as it shows on my bank statements what i get paid from them and wondered if i didnt tell them they would want to know why?

Any help would be great

Thanks in advance

[samsong101]

Hello

Do I have to include my wife's bank statements with the application or just mine as I am sponsoring her and meeting the requirement by my salary and cash savings?

Also do I have to send copies of my daughters passports even though they are not in the application as they have British passports?

Thanks

[samsong101]

Hello,

I need some help on the form for section 9 biometric residence permit. My wife has a sticker in her passport for her initial visa, so do i have to fill in the number on the sticker visa as the brp number? im confused on this section,please help!

P.S.What happened to 7by7?

[bobrussell]

Just one aside and a little late! I am not aware if the Home Office communicate information to HMRC but a large gift from a parent(s) to a child does have tax implications.

I assume this was sorted at the time of the gift but you don't want a nasty tax 'sting in the tail' if it was not done right!

In this situation income could be the better option for some!

[samsong101]

Hello

On section 14 page 68 they ask a third party to sign the declaration, my dad gifted me money to meet the requirement, do I get him to sign it or leave it blank?

Any help would be great

Samsong

[TCA]

Hello,

I need some help on the form for section 9 biometric residence permit. My wife has a sticker in her passport for her initial visa, so do i have to fill in the number on the sticker visa as the brp number? im confused on this section,please help!

P.S.What happened to 7by7?

The sticker in her passport is not a biometric residence permit. The BRP is like a credit card. If she doesn't have one, you tick "No" and go to the next question the form directs you to.

[samsong101]

Thanks for the reply, i have sent the form off now so i hope everything will be fine.