LTR Application

Hello

I am British, my husband is Indian. In January 2017 he got his BRP and we settled in the UK living with my parents. In October 2017 my father in law became unwell and we went back to India, in November he died and to support his mum financially and mentally we stayed in India. My husband had been unable to find work in the UK while we had been living there. In 2018 I was in the UK for four months, my husband for only one month split into two visits. In 2019 we have so far spent one month in the UK. My husbands BRP will expire on 3/10/19 and we wish to extend this. Is this classed as "Leave to Remain" as on the Home Office website I can only see an option to extend the visa?
What are the chances he will be granted it?
We are planning to go to the UK next month to do the application. Our long term plans are not clear yet but we would ideally like to split our time in India and the UK to support both our parents.
We can support ourselves based on savings we have which meet the requirements. I have my own property in the UK which I rent out.
My husband has NHS letters, a UK bank account and we have one council tax bill addressed to both of us for my property.

Any advice is much appreciated.

Thanks
Sarah

Your case maybe weaker due to having not sufficient amount of cohabitation evidences. For meeting the cohabitation requirement you need 6 piece of documents if jointly addressed or 12 if individually addressed and these should cover at least the last 2 years with even gaps through at least 3 different sources. Also he will need A2 ielts life skills test for extension.

Hi Seagul,

Thanks for your reply. The only things we have in joint names is one council tax bill and one letter re a joint account. He does have quite a lot of letters from the NHS and two letters re holiday insurance he took out, would that count?
Do you think that the fact we have been out of the UK for so long will raise an issue? We have a copy of my father in laws death certificate.
I take it I just do an application to extend the current visa which will be granted for another 33 months?

Thanks again
Sarah

There is no absence limit but longer absences affect to gather the required cohabitation documents. If you have individually addressed documents from any source then it should be accepted too but 2 years must be covered.

OK, thanks

What is the level of savings you have and how long have you held them?

Hi CR001

We have around 7 K combined in UK bank account, 4 of which we have only held in this account for two months.
The rest of our savings are in Indian currency equivalent to 46K in a savings account and the rest in investments. I can use investments? These have been held for one to two years.

Hi, Sorry if I should have made a new post for this. I have a couple of queries. Should my husband be applying for FLR (M)? There seems to be different options and I can't see where you find out the difference. I have started the application on the HO website from the extend family visa page, not a specific application for FLR (M). Is this OK, and could someone please post a link where I can find the required documents.
For his Leave to enter visa he did Life Skills B1 Speaking and Listening, can this be used for this application?
I found the below on HO website.

Applying to settle in the UK
You can use a B1 level qualification that’s run out if both of the following are true:

it’s on the current list of recognised tests
it was accepted for another UK immigration application, for example when you got permission to enter

Thank you
Sarah

SarahSaha wrote: ↑

Thu Aug 08, 2019 8:42 pm

For his Leave to enter visa he did Life Skills B1 Speaking and Listening, can this be used for this application?

yes

Thanks

Hello,

Sorry as this is probably a stupid question but ....
I have started my husbands LTR application on gov.uk site, from the page Apply, or extend visa.
Should I have specifically started it from the page Apply on line (Form FLR(M))? Or what I have done is OK. From the first page they look to be the same.
Once you have a decision hopefully positive, can you travel or you have to wait for the BRP to arrive, I am presuming you have to wait?

Thank you

I have started my husbands LTR application on gov.uk site, from the page Apply, or extend visa.
Should I have specifically started it from the page Apply on line (Form FLR(M))? Or what I have done is OK. From the first page they look to be the same

https://www.gov.uk/government/publicati ... form-flr-m

Once you have a decision hopefully positive, can you travel or you have to wait for the BRP to arrive, I am presuming you have to wait?

No you cannot travel. You need to wait for BRP card. Leaving the UK will cause the application to be withdrawn.

Many thanks.
Is the only option of applying from abroad to start from scratch again, ie. a Right to Enter spouse visa?

You do realise that the spouse visa route requires residence in the UK for extensions and ILR and should not be used as a 'visitor visa' just to pop in while actually living abroad.

HO expects to see a lot of evidence of residence in joint names, more if items are addressed individually, in the UK and the ILR form, if you get to that point, also asks for all absences to be declared.

Yes, I most certainly realise that.
I have the evidence required and can explain all absences.

SarahSaha wrote: ↑

Wed Aug 14, 2019 12:24 pm

Yes, I most certainly realise that.
I have the evidence required and can explain all absences.

Although there is no limit of absences for spouse visa holder but heavier absence can affect the cohabitation evidences needed for extension. Also a lot of times even a person is absent from UK but his/her cohabitation evidences will kept generating but totally not sure that how caseworker will feel/react if he matches those evidences with absence which means someone operating on behalf of absentee. Its just an assumption but usually 6/12 piece of documents covering the last 2 years fulfill the requirement.