Help with FLR

[moh12]

Hi,

My wife who is from Pakistan was granted initial entry and has leave to remain until October 2017. I'm confused about which application form I will need to fill in and send. I realise it's quite early and things could change but I want to be prepared. I'm a British citizen so I think it is FLR (M) but not sure.

1)How many months before should I apply for the FLR?

2) Does my wife need to take another English test or work towards an additional qualification? Will the certificate used to get initial entry be okay?

3) I guess the IHS will need to be paid as well. Is this before sending off the application for FLR?

4) When meeting the financial requirement, is it correct that both our incomes can be used to meet it?

Thank you for any help.

Kind regards.

[CR001]

1. Once she has been in the UK for 30 months, assuming her visa was granted for 33 months.

2. Depends on the test she did previously as some are no longer accepted.

3. IHS needs to be paid before submitting the application, either in person or by post. She needs the reference number for the FLR(M) form.

4. Yes.

[moh12]

Thanks for responding which is good to know.

Based on what you said then that means I would need to send in the application around end of August 2017 barring any changes considering she entered Feb last year.

We are expecting a child who will be born here so a British citizen. Should we include the child in the dependent section?

[CR001]

You would need to list the child yes, but the child will be excluded from the calculation of the financial requirement.

[moh12]

Thanks for taking the time in responding.

[moh12]

Time flies. It seems that my wife will need to have the A2 English certificate as our application for further leave to remain will be submitted after 1st May, 2017. Is that correct? As visa was valid from Jan, 2015, I think 30 months will be in late July so I will aim to send it then. I think getting together most of the documents will be fine however just some doubt about meeting financial requirement.

I think I can meet it through both our salaries, and rental income. Is it ok to also use savings alongside salary, and rental income?

To be on the safe side, we have a property that will be sold. I expect it to go through end of the month but we won't have held that money for 6 months as application is likely to be submitted end of July. Does it mean I can't use those savings to meet the financial requirement? Unless we wait till end of August / start of September then six months have elapsed on it.

Sounds silly, but should I highlight on my bank statements when the rent and salaries were paid in?

Thanks for help.

[CR001]

Time flies. It seems that my wife will need to have the A2 English certificate as our application for further leave to remain will be submitted after 1st May, 2017. Is that correct? Correct yes, A2 from 1st May.

I think I can meet it through both our salaries, and rental income. Is it ok to also use savings alongside salary, and rental income? How much savings do you have? Is your rental income declared to HMRC and appropriate tax paid as a landlord?

To be on the safe side, we have a property that will be sold. I expect it to go through end of the month but we won't have held that money for 6 months as application is likely to be submitted end of July. Does it mean I can't use those savings to meet the financial requirement? Unless we wait till end of August / start of September then six months have elapsed on it. Proceeds from a sale of property does not have to be held for 6 months as you have proof of the sale to prove where the money came from.

Sounds silly, but should I highlight on my bank statements when the rent and salaries were paid in? You can, but HO know what to look for.

Thanks for help.

[moh12]

I won't be able to use my savings unless property sale goes through as below £10,000. If it goes through then a bulk of the financial requirement will have been met. However good to know that proceeds of sale don't need 6 months to be elapsed. I have completed my self assessment and paid appropriate tax for 2015/16.

[Wanderer]

I won't be able to use my savings unless property sale goes through as below £10,000. If it goes through then a bulk of the financial requirement will have been met. However good to know that proceeds of sale don't need 6 months to be elapsed. I have completed my self assessment and paid appropriate tax for 2015/16.

The first 16k of savings are discounted.

[moh12]

From my reading, is it correct that if we have £50,000 savings minus £16,000 divided 2.5 means we can use £13,600 towards the financial requirement. Does it matter if small portion is in another bank account?

[CR001]

Savings can be in more than one account but only the sale of property funds are exempt from the 6 months requirement. Any other savings must be held for a minimum of 6 months.

What is your salary?

Does your spouse work?

[moh12]

My wife works and receives around £8500 a year. I have employment here but my pay is only a few thousand pounds from employment in the UK. This alongside the rental income before management fees means the requirement is met.

I work for a Taiwanese based company too but I am paid in dollars in a currency account which I transfer to my main account. This fluctuates as it is comission based pay. I declared this on my self assessment in the foreign pages section for the last tax year. I wasn't going to include this in the application to meet the financial requirement in case of some problems as I am paid in dollars into a currency account. Also as we meet the requirement with my UK based employment, wife's income and rent. To be clear, I received inheritance which explains the properties.

[CR001]

I stand corrected, but I believe that rental income can be used and is the net of tax and fees amount that you need.

[moh12]

I was checking Appendix FM 1.7 Financial Requirement under rental income. If my understanding is correct and the document is up to date it says gross income can be counted as long as the evidence provided is correct. Something like that I think. Even after management fee and tax it should be ok I think.

[moh12]

Hello again,

I thought I would continue in this thread. I have been gathering all our documentation ready to submit the application. I am filling the application online, and just want to be sure I have everything. So everything below is what I have, and I would appreciate if you could tell me if I am missing anything. I am meeting the financial requirement through spouse's wage, rental income, and cash savings. I think this combination is ok.

Wage slips for the last 12 months.
Employment contract.
Letter from employer confirming spouse's employment.

Tenancy agreements for rental properties.
Title deeds for the properties.

Solicitor letter highlighting completion of property sale, and when monies was paid in.
Letter of declaration about source of cash savings.
Another letter of declaration about source of cash savings in another bank account.

Bank statements for the last 12 months (where wage is paid in, rental income, and source of
cashing savings) in joint names.

Spouse's A2 English language certificate.

English marriage certificate.

Additional correspondence items =
Spouse's name = 6 water bills, hospital letter.
My name = Mobile phone contract bill.

Accommodation = letter from house owner stating permission to live there and ample room in property, and title deeds to show his ownership.

Will I need to get any documents attested by a solicitor?

Thanks.

[Casa]

As proof of co-habitation you are required to submit the following showing your joint address:
6 pieces of evidence in joint names from at least 3 different sources, spread as evenly as possible over the full qualifying period.
or
If in single names, 6 pieces of evidence EACH from at least 3 different sources, spread as evenly as possible over the full qualifying period.

A general 'rule of thumb' would be one example showing your joint address dated every 4-5 months.

[moh12]

I have bank statements for the whole period that are in joint names. This is the only source for joint names. So I'm short by two sources in joint names.

In spouse's name I have water bills covering the two year period, two hospital letters, and I need one more source for her.

For me, I have mobile phone contract bills, payment notification for renter from council (since last year), and I might be able to get hold of TV licensing bill from last year. (Maybe tenancy agreements will be ok too?)

I have a bank account in my name which might be good too.

What do you think?

[moh12]

Would it be ok to just print out the bills and use as evidence?

Most I have the originals, but some I don't such as home telephone, mobile, TV license, etc.

[moh12]

Any info on that please?

[moh12]

I've got most of the documents sorted. I was just having a look at how long my wife has spent outside the UK for holidays. From the date she entered to today, she has spent 67 days out of the UK for holiday to Pakistan. I've listed the reasons on the form, and relevant details.

Will this affect when she can apply for FLR? From the date she entered to mid-August, it will have been 2 years and 6 months in the UK excluding the time taken for holidays. I'm planning to send everything out mid-August or maybe wait until the end of August. Will this be ok?

Thank you.

[CR001]

There is no absence limit for someone on a spouse visa.

[moh12]

I thought I would provide an update. My wife received her BRP today. Thanks to @Casa and @CR001 for answering. Is the BRP now the actual visa document? I still haven't received any of the documents back, so it is normal to receive one before the other?

[CR001]

Congrats.

Is the BRP now the actual visa document?

Yes. She needs the BRP and her passport to travel, proof of right to work etc.

I still haven't received any of the documents back, so it is normal to receive one before the other?

They are sent separately.

[moh12]

Congrats.

Is the BRP now the actual visa document?

Yes. She needs the BRP and her passport to travel, proof of right to work etc.

I still haven't received any of the documents back, so it is normal to receive one before the other?

They are sent separately.

Thanks for the clarification.

[Moa7]

Hi moh12, congratulations on your wife's BRP.

As you are the only one on these forums I have read about who applied in August and received a decision by now, can you please let me know what date you submitted your application and whether it was by post?

I submitted my application on 10 August and have not heard anything back yet.

Thanks in advance for your help.

Kind regards,
Mohsina