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Worried and anxious

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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unfair321
Newly Registered
Posts: 2
Joined: Mon Jan 17, 2022 9:56 pm
United Kingdom

Worried and anxious

Post by unfair321 » Mon Jan 17, 2022 11:49 pm

Hello all that may read this. Hopefully, someone who is/was in a similar position can answer some questions I have around fiancé visa --> FLR(M). I'm extremely worried as I await the decision. I worry that I've did something wrong or made a mistake.

In summary:

Met now wife in 2015 whilst we were both working in middle east. To cut a long story short, she fell pregnant in Mar 2020 (didn't know at the time) whilst we were on holiday, just as the whole pandemic kicked off. She went back to work in the ME as cabin crew. I was unable to travel back because my resident country closed their borders to non-citizens, so had to return to the UK to work from home. After finding out she was pregnant, she got the first flight she could to her home country the Philippines. I resigned from my job and managed to travel out there in Nov 2020 (after much struggle) and just made the birth by a few weeks! Whilst there, I obtained a British passport for my daughter and my fiancé visa for my Mr's. I did the fiancé visa myself using a DIY pack a additional guidance. After many cancelled flights, bureaucratic paperwork, PCR tests and a £2.5k red-list country hotel bill, we arrived in the UK in Aug 2021 to do our 10 days quarantine (who knew being allowed outside for 15 minutes to walk in a small carpark under the M8 motorway in Glasgow would be the highlight of your day!). Since then we have been living at my place and got married married in Oct 2021.

We have just recently submitted the FLR(M) application and are uploading the requested documentation. Some of which I think is rather difficult, if not impossible to provide. Specifically the address correspondence for my wife. I pay for all the bills and it was a nightmare trying to get her a bank account when on a fiancé visa.

For her, I have: Joint council tax bill, utility bill (joint but separate bills for some reason), her online bank statement and possibly the hotel quarantine receipt and vaccination/health visitor letters addressed to 'parents of xxxxxx). There is plenty I can use.

This only covers our time in the UK from Aug 2021 - Jan 2022. She paid the bills in the Philippines and I had to same problem when there from Nov 2020 - Aug 2021 of having anything official addressed to me.

This is what they are asking for:

'Items of correspondence addressed to Ms X and Mr X
at the same address as evidence you have been living together since your last grant of
leave in this category, or from the date you first started living together, covering the last 2 years. You must provide at least 6 items of correspondence, addressed to you and your partner jointly or in both
your names. The dates of the items of correspondence should be spread evenly over the whole 2 years.
They should be from at least 3 different sources. If you do not have enough items in your joint names, you
may also provide items addressed to each of you individually if they show the same address for both of
you. For example - 4 items of correspondence in joint names to the same address and 2 items addressed
to each partner at the address. In total 8 items would need to be submitted. If you and your partner have
no bills or correspondence in joint names, you will need to submit 12 items (6 each) of correspondence
evidencing that you reside together at the same address.'

Will our application be rejected? It seems incredibly unfair to expect that amount of correspondence in a few months.

Regards,

Worried spouse

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Worried and anxious

Post by vinny » Tue Jan 18, 2022 12:09 am

Don’t worry. I think that you do not have to prove co-habitation for two years prior to marriage as she is not applying for leave to remain as an unmarried partner.
'Items of correspondence addressed to Ms X and Mr X at the same address as evidence you have been living together since your last grant of leave in this category, or from the date you first started living together, covering the last 2 years
Note the “or”. I think it’s enough to show evidence since her last grant of leave in this category.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

unfair321
Newly Registered
Posts: 2
Joined: Mon Jan 17, 2022 9:56 pm
United Kingdom

Re: Worried and anxious

Post by unfair321 » Tue Jan 18, 2022 12:29 am

Hi,

Thanks. Just read their default position is reject if anything is missing or incorrect. I dread to even think about her application getting rejected. Our daughter is only 1 year old and wouldn't be able to be apart from her. It would lead to some difficult decisions.

Why are they asking for this? have they just used the same form going from fiancé - FLR M, as 1st FLR M - 2nd FLR M 2.5 years later? By that stage you would expect to have built up a footprint in the UK, so I can see why they would ask for that.

Also, what about mistakes? Do they give a chance to correct them? I just worry I've missed something. The cheapest quote I got from an immigration lawyer was £1000 to check my completed application. Which I think is ridiculous!

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Worried and anxious

Post by vinny » Tue Jan 18, 2022 1:58 am

That’s correct. They are using the same form FLR(M) for switching and extending. They shouldn’t expect a fiancé(e) to cohabit before the marriage.

However, start collecting evidence of cohabitation to show a subsisting relationship for the next FLR(M) and SET(M).

Don’t forget the A2 English language requirements at the next stage. If she can manage it, she should go for the B1 English shorty before her FLR(M), as she may then use it for both SET(M) and Naturalisation.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

AmazonianX
Respected Guru
Posts: 8127
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Worried and anxious

Post by AmazonianX » Tue Jan 18, 2022 3:40 am

unfair321 wrote:
Tue Jan 18, 2022 12:29 am
Hi,

Thanks. Just read their default position is reject if anything is missing or incorrect. I dread to even think about her application getting rejected. Our daughter is only 1 year old and wouldn't be able to be apart from her. It would lead to some difficult decisions.

Why are they asking for this? have they just used the same form going from fiancé - FLR M, as 1st FLR M - 2nd FLR M 2.5 years later? By that stage you would expect to have built up a footprint in the UK, so I can see why they would ask for that.

Also, what about mistakes? Do they give a chance to correct them? I just worry I've missed something. The cheapest quote I got from an immigration lawyer was £1000 to check my completed application. Which I think is ridiculous!
Can not say default setting is to refuse application. There are reports of case worker contacting the applicant to provide documentation.
The guidance also informs the CW to ask applicant for anything that is missing which will adversely affect the application. Compliance to this by all CW is another ball game

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