Time running out to meet FR - what's our best bet?

[matt1020]

I'm a British citizen and the sponsor for my wife, who is a non-EU citizen. We moved to the UK in December 2014 so we're halfway through the 5-year route, and about to apply for FLR. My wife's current visa expires on the 10th September.

I've been working for the last couple of years but unfortunately my current contract will end on the 31st August, and I've not yet been able to find continuing employment. My wife had been caring for my elderly mother until she passed away just recently, so at present she's not working either. If our current situation continues it seems unlikely that we will be able to meet the financial requirement through earnings alone.

At present I do not have sufficient funds to meet the financial requirements through savings either. However, my house is currently under offer and if the transaction is completed in time I will have sufficient funds to meet the requirement (we are planning to move into rented accommodation temporarily). However, at this point it's touch and go as to whether the sale will be completed in time so that we will have the money in the bank.

I'm trying to work out what our best course of action will be if we still can't meet the requirement by the 10th September. Here are three possible scenarios;

1. Submit an application with evidence of my previous six months employment, and proof that the house sale is going through, with an accompanying letter of explanation. Will they allow us more time?

2. Wait until the house sale has gone through, even if this is up to two weeks after the 10th September, before submitting the application.

3. Accept that our application will probably be unsuccessful given our circumstances, my wife leave the country, and then we restart the process from the beginning once the house sale proceeds are in the bank.

I should mention that we have no problem meeting any of the other requirements for FLR. If anyone else has found themselves in a similar situation then please let me know how you proceeded, and the outcome.

Many thanks in advance!

[secret.simon]

However, my house is currently under offer and if the transaction is completed in time I will have sufficient funds to meet the requirement (we are planning to move into rented accommodation temporarily). However, at this point it's touch and go as to whether the sale will be completed in time so that we will have the money in the bank.

You won't meet the financial requirements through the house sale as the funds relied on to meet the financial requirement needs to have been held in an easily accessible bank account for at least six months.

You could apply for FLR(FP) and then either vary it to FLR(M)(if the FLR(FP) application has not been decided and you do meet the financial requirement) or reapply for FLR(M)(if you meet the financial requirement after your wife has been issued with an FLR(FP)) when you do meet the financial requirement.

[Obie]

They could rely on the House sale without the need to wait for 6 months, provided the asset they sold to get the savings has been held for a period of 6 months or longer.

[matt1020]

They could rely on the House sale without the need to wait for 6 months, provided the asset they sold to get the savings has been held for a period of 6 months or longer.

This is correct, and I believe it applies to any asset that you have proof of ownership of. Fortunately I have owned my house longer than 6 months so the sale proceeds would qualify.

I don't think we wouldn't be eligible for FLR(FP) because we don't have any children, and an attempt to switch to it and then switch back to FLR(M) is likely to incur a lot of additional costs.