Potential Problem with FLR(M) Visa application

[beckybraddick]

Hi Just wondering if anyone can help.

My Partner and I are considering getting married before his Tier 5(Youth Mobility) visa runs out in February.
We have a couple of concerns about successfully getting a FLR(M) Visa after we get married.

1. We each have a child, my daughter lives with us in the UK and his daughter lives with her mother in NZ.
2. I am a director of a hotel and we live at the hotel. I work at the hotel and my partner works locally. The hotel is for sale if the sale goes through midway through the marriage/visa application is this likely to cause a problem?
3. I am divorced, is this likely to cause any problems?
4. We satisfy the £18600 income between us, but again if the hotel sells mid-way through the application process is this likely to cause a problem as this is my income? I am planning on gaining employment asap after it sells, and we would look to rent somewhere for the three of us asap too.

Sorry for all the questions... hopefully someone will be able to give my some help/advice! Thanks in advance. Becky

[Casa]

2. You may have problem if the case worker calls the hotel as is told you are no longer a director and your employment has terminated.
3. Not a problem. You'll have to submit your divorce decree absolute certificate.
4. Re income, see my comment above. You will have to submit evidence with your application of 'adequate' accommodation. You say you both currently live in the hotel. Does your daughter live with you and if so, how many rooms do you have for your exclusive use?

[beckybraddick]

Hi Casa
Thanks for your reply.

2. Do you think would it matter if I had managed to get employment with a new employer and we still had enough income to meet the threshold and would it be advisable to contact immigration do you think to tell them?
4. My daughter currently lives with us and we have 5 rooms exclusively for our own use.

Thanks again for your help.

Becky

[Casa]

I've searched, but can't find specific guidance on change of employment while the application is being processed. *Other members may have more advice on this. A couple of points;
1. If the sale goes through while the application is being processed, I assume this will mean a change of address. In which case you would have to notify the Home Office in order to receive correspondence etc.
2. As a director of the company you will have to apply under Category F or G (financial evidence).
3. The solution may be to submit your FLR(M) application in person after the wedding, which will mean it will be processed on the same day, as long as you have all your documents in place.
4. Bear in mind that the Registrar may notify the Home Office of the intention to marry and the notification period could be extended from 28 days to 70 days as your fiance doesn't have settled status .
5. You can only give notice to marry at a Home Office designated Registry Office.
https://www.gov.uk/marriages-civil-part ... n-national

[beckybraddick]

Dear Casa

Wow you are so helpful thank you!

I will look further into everything, I like the sound of applying in person, even though it is £400 extra. The peace of mind (hopefully) would really help!

Looks like I have yet another phone call to make to immigration!

Thanks again.

Becky

[PariJ]

Hi Casa
Thanks for your reply.

2. Do you think would it matter if I had managed to get employment with a new employer and we still had enough income to meet the threshold and would it be advisable to contact immigration do you think to tell them?
4. My daughter currently lives with us and we have 5 rooms exclusively for our own use.

Thanks again for your help.

Becky

I am currentl director of limited company and switching jobs (working full time for another employer) in 2 weeks time. I have submitted my spouses application on May 18th . As part of on going employment, I have submitted my current contract btw my company and the employer which runs end of the month and offer letter from new employer stating the role, title and base salary .

[Casa]

Be wary of information given by the UKVI 'help line' as it's frequently inaccurate. You're welcome to come back with any questions, just continue on this thread and it makes it easier for members to follow the background before giving advice.
By the way, are you aware that you don't have to wait until close to the expiry of your fiance's current visa before switching to a FLR(M) spouse visa?

[Wanderer]

Dear Casa

Wow you are so helpful thank you!

I will look further into everything, I like the sound of applying in person, even though it is £400 extra. The peace of mind (hopefully) would really help!

Looks like I have yet another phone call to make to immigration!

Thanks again.

Becky

Don't apply in person, they can only deal with the most straightforward 'rubber stamp' cases, what will happen is they'll look, put it in the 'too hard' pile with all the other postal apps and you will have wasted £400.

[Casa]

Wanderer, I agree with you (as I often do) but it seems this case would be straightforward apart from the issue with possibility of selling the hotel/business while the application is in the postal queue for processing/decision if it takes too long. That's why I felt an application in person would avoid the problem of change in circumstances after a postal application is submitted.

[sagareva]

i don't see a problem here at all, but as casa said, i feel under the circumstances shelling out for the same day application may be better.

that being said though, my view is that you present circumstances as they are on the date of the application, and employment documents for the past 6 months, and I do not believe one needs to update HO on change of every circumstance in this particular case if it was postal. IMHO. With most applications for anything anywhere in the world, you provide a snapshot of circumstances at the moment of application, because all these things are fluid and you can't keep updating them on everything.

as far as adequate accommodation, again a letter form your employer about how many rooms (need at least 2 in your case) you have for exclusive use, will probably suffice although it is not conventional.

how long have you lived together? if 2+ years imho it may be better to consider unmarried partner application in your case rather than getting married for this purpose

[beckybraddick]

Hello,

Well we have got engaged and are really excited and are starting to plan

But now comes the hard part, we want to get married before my Fiances Tier 5 (youth mob) visa runs out towards the end of February 2016. We are going to NZ at the beginning of December for 3 and a half weeks.

We are thinking of getting married in NZ in December this year the only problem is that there won't be much time for my UK family and friends to save money to come over for the wedding. If we did it this way we would have a blessing back in the UK in January. Does immigration have issues with lack of either of the spouses family/guests at a wedding?
We are so paranoid that he will struggle to stay in the UK with immigration issues being in the news all the time I am trying to think of all the problems that we may face before he applies.

Do we have to prove our relationship even if we are married? (for example with evidence of things we have done together and shared financial responsibilities?).

Also, from my other posts you will see that we live in my family hotel business. I don't have payslips but I do have a P60 and between us we meet the financial requirement. Do immigration insist on payslips and bank statements to prove income?
I understand that I will also have to send company accounts etc and other info on a director of a company form.

Are there any companies who will just charge to check the forms & additional paperwork and not to complete the forms... I am quite happy to fill in the forms, just for peace of mind would like someone who knows the rules etc to look at the application so we don't waste money if the application is refused on some silly error in form filling.

Any help gratefully received!

Thanks to those who have replied to my posts so far

[beckybraddick]

Hello,

We have decided to get professional help with our application, can anyone recommend a solicitor or adviser?
Fingers crossed someone will be able to help us.

Becky

[vinny]

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