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Can I vary a discretionary leave to FLR (M) ?

Post by username3 » Fri Nov 04, 2016 10:18 am

Hi all,

I would be grateful if someone could advise on the below;

A brief history is my spouse was given a leave to remain within the immigration rules on the 10 year route basis. It didn't specify whether it was via the partner or parent route.

My spouse didn't have a legal entry in the U.K. I am a BC and our child is a BC as well.

Can we vary his leave to a FLR M in country now that he is legal in the U.K or does he have to leave the U.K to get entry clearance? We would ideally like to vary it to the 5 year route on the basis of partner.

Thanks in advance for the replies.

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Re: Can I vary a discretionary leave to FLR (M) ?

Post by CR001 » Fri Nov 04, 2016 10:22 am

Yes, you should be able to apply for FLR(M) if you meet all the requirements.
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Re: Can I vary a discretionary leave to FLR (M) ?

Post by username3 » Fri Nov 04, 2016 10:32 am

Thanks CR001 for the reply.

Yes we meet all the requirements as my income is above the threshold, own our own home, is doing his English test soon etc. except that he didn't enter the country legally. But now he has a valid leave to remain and wondered if that's okay to change the visa without leaving U.K. Just worried to lose all that money on application fees etc. if we can't do it.

Do you reckon we can use the priority service or do we need to go through the normal process?
My thinking is if we can go to the window, at least we will only lose half the money, if they tell us we can't vary it. If it gets refused does his current leave gets cancelled?

Sorry for all the questions, just want to get all my ducks in a row so to speak before proceeding ahead.

I do appreciate the quick response.

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Re: Can I vary a discretionary leave to FLR (M) ?

Post by CR001 » Fri Nov 04, 2016 10:43 am

username3 wrote:Do you reckon we can use the priority service or do we need to go through the normal process? Not sure what you mean by 'normal process'. You have an option to apply by post or apply in person.

My thinking is if we can go to the window, at least we will only lose half the money, if they tell us we can't vary it. What do you mean 'lose half the money'? You lose the full fee if it is refused. You also have to pay the IHS of £500 in addition to the £1,311 visa fee to apply in person online before you apply.

If it gets refused does his current leave gets cancelled? No
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Re: Can I vary a discretionary leave to FLR (M) ?

Post by username3 » Fri Nov 04, 2016 10:51 am

Oh thank you.
I meant by post or in person. I assume it's okay to apply in person by your response.

Ah you see I thought if they look at the application and say no they can't vary it, we won't have to pay the application fee as no decision would have been taken etc. I figured we would only have lost the fee we would have paid for going in person. Thanks for making it clear, it does make sense what you said. I assume if it is successful, they will refund pro rota the NHS fee he already paid for his current leave?

Thanks regarding the last point, that's one less thing to worry about.

I will get on with it and let you know the outcome. Thanks for all your valuable advice.

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Re: Can I vary a discretionary leave to FLR (M) ?

Post by username3 » Fri Nov 04, 2016 11:03 am

Please could anyone tell me what documents are required with the application?

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Re: Can I vary a discretionary leave to FLR (M) ?

Post by CR001 » Fri Nov 04, 2016 11:25 am

Page 62 or 63 lists really good examples of what HO expects to see in addition to the 6 months payslips (if PAYE employed) and 6 months bank statements.
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Re: Can I vary a discretionary leave to FLR (M) ?

Post by username3 » Fri Nov 04, 2016 11:27 am

Brilliant, many thanks.

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Re: Can I vary a discretionary leave to FLR (M) ?

Post by username3 » Fri Nov 04, 2016 12:28 pm

Do I need to give an employment contract or letter from my employer confirming my job title, salary etc.?
I don't have an employment contract.

I am going through a recent thread and saw it.
http://www.immigrationboards.com/immigr ... 18759.html

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Re: Can I vary a discretionary leave to FLR (M) ?

Post by CR001 » Fri Nov 04, 2016 1:46 pm

You should have an employment contract. If you don't have one, yes you will need a letter from your employer.
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Re: Can I vary a discretionary leave to FLR (M) ?

Post by username3 » Fri Nov 04, 2016 2:27 pm

Thank you for your time CR001.
I will get a letter confirming my employment and salary status from my employers.

Although, I have to say that an employment contract doesn't have to be in written.
In fact, most contracts don't have to be written to be legally binding except for Land ( deed ) or assignment of debts/intellectual property rights.

Thanks for all your help, sorry went off tangent there.

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Re: Can I vary a discretionary leave to FLR (M) ?

Post by username3 » Mon Nov 07, 2016 10:04 am

Morning all,

I would be grateful if someone could check over my documents which I have put together for the application;

1. Completed application form
2. Evidence of NHS surcharge paid
3. Three passports,child, applicant and myself
4. Child's birth certificate
5. Marriage certificate
6. English Test
7. Passport photos - 2 applicant, 1 myself, 1 child
8. 6 months bank statements for myself with corresponding salary for 6 months with payslip and P60
9. 6 months bank statements for applicant and 6 months payslips
10. Employment letter for myself confirming title, salary etc.
11. 3 Joint utility bills over a 6 months period
12. 6 bills, 3 in each names over a 6 months period
13. Mortgage and property papers


Please could someone advise if I have missed something.

Also,

1. Should I provide bills and photographs covering a 2 years period?
2. Should I be providing photographs of the property?
3. I was on maternity leave in June and was on statutory maternity pay - would this be an issue?

The 6 months period I am hoping to cover will be from June to November.


Many thanks, very grateful.
Last edited by username3 on Mon Nov 07, 2016 10:07 am, edited 1 time in total.

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Re: Can I vary a discretionary leave to FLR (M) ?

Post by username3 » Mon Nov 07, 2016 10:05 am

.

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Re: Can I vary a discretionary leave to FLR (M) ?

Post by username3 » Mon Nov 07, 2016 10:09 am

I am also putting a letter to support the application, to explain the immigration history etc.

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Dates

Post by Username4 » Wed Dec 21, 2016 1:27 pm

Hello, can someone please help?

I am applying for a visa FLR M for my husband.

I am sending evidence of same address for the past 6 months, same as with payslips and bank statements.
Is that okay or should I be sending evidence of same address for 2 years? sorry am a bit confused.

thanks in anticipation.

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Re: Dates

Post by Casa » Wed Dec 21, 2016 1:31 pm

Is this a FLR(M) application following a fiance visa or the first FLR(M) extension after your husband entered on a spouse visa :?:
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Re: Dates

Post by Username4 » Wed Dec 21, 2016 1:34 pm

Thank you Casa.

It's the first FLR M application, varying from a FLR P to M.
He got the FLR P in June 2016 on the 10 years route on the basis of BC wife and child.
I am trying to change it to FLR M for the 5 years route to ILR.

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Re: Dates

Post by CR001 » Wed Dec 21, 2016 1:36 pm

Have you registered a new username to ask this question? Are you also registered as 'username3'? Multiple ID's are not permitted on the forum. See Multiple IDs (click). Suggest decide which one you wish to keep.

http://www.immigrationboards.com/immigr ... l#p1418686
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Re: Dates

Post by Username4 » Wed Dec 21, 2016 1:36 pm

Thanks CR, yes I did as I forgot my log in details. Apologies.

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Re: Dates

Post by Username4 » Wed Dec 21, 2016 1:39 pm

Can I keep this one as I can't remember the other details?
It's the same application so just a continuation of endless questions!!

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Re: Dates

Post by Username4 » Wed Dec 21, 2016 2:27 pm

Thanks CR, makes sense to have it all together.
Such a minefield for the unwary.

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Re: Dates

Post by Username4 » Mon Jan 16, 2017 2:18 pm

Hello
Just wanted to post a quick update to say that we were successful in varying the FLR (FP) which was the 10 years route to settlement TO FLR (M) 5 years route to settlement on saturday. It was a quick process and no issues at all.
Many thanks for all your help. Have a good day.

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