Tier 5 (YMS) to FLR(M)

[CHL989]

My girlfriend whose from Hong Kong had a Tier 5 mobility visa which is due to expire on 14 July 2018. I am a British Citizen who is doing my PhD currently. We'be been living together for 5 years. She graduated from university and decided to stay and applied Tier 5 (YMS). She found a job in the region and study part-time at the meant time. She is working in an accounting firm as an ACCA trainee and had a salary of £18,600. I work part-time as well, but for this duration, she has been in the UK, we have lived together with my parents. We have bills, joint bank account, insurance, photo, etc. What other proof can we get for cohabitation?

Do we have to apply for the partner visa when her current visa expires? Do we have to apply for the visa back in Hong Kong or can she apply for a switch? If so, when is the best timing to do so? What another visa is available so she can continue to live and work in the UK? Thanks in advance.

[CR001]

Have you been 'living together in a relationship akin to marriage' for at least 2 years with substantial documentary evidence to prove it??

[vinny]

If she doesn't switch to FLR(M) in the UK before her leave expires, then she would become an overstayer after her leave expires.

Overstaying is inadvisable in this hostile environment.

[CHL989]

Hi, Thanks for the replies
Yes, we think we have enough documentation to prove it.

Yes, we understand the situation of an "overstay", thus we are planning ahead now. Her current YMS expires on 14 July 18, but her salary will only be £18,600 starting Jan so the earliest of her getting 6 payslips stating that amount of earning is the end of June. We have read a lot of cases which is successful online, but 2 of our friends in the similar situation were rejected (both were married, whereas we are not cause I'm still a student).

We are debating whether to go ahead and book in for an appointment at the start of July or just head back to Hong Kong and try over there (8 weeks for the application to come back). She has never had a visa declined and we won't do anything illegal. She held a British National Overseas (BNO) if that's will help.

Which would be a better route, have an appointment 12 days before expire or head back and apply there (I understand if it been rejected, it will be a black mark on the nook and hence we want to be extra caution).

[CR001]

Apply within the UK before her visa expires.

Yes, we think we have enough documentation to prove it.

What all do you have? An Unmarried Partner visa is heavily scrutinised and the 2 year living together in a relationship akin to marriage has no discretion, this is mandatory to prove.

[CHL989]

The two cases that I knew in person was rejected down to the YMS cannot be extended as stated on the official website.

https://www.gov.uk/tier-5-youth-mobility

I can't understand the reasoning behind this statement, and can't analyze the risk of a bad record if it has been rejected, as most of the case I read been successful only this 2 cases been rejected because of this reason.

[CHL989]

Apply within the UK before her visa expires.

Yes, we think we have enough documentation to prove it.

What all do you have? An Unmarried Partner visa is heavily scrutinised and the 2 year living together in a relationship akin to marriage has no discretion, this is mandatory to prove.

Tenancy letter from my parent, a proof of living together from her parents. Joint bank statement, payslips (both) personal bank statements, broadband bills

If there is anything we could use, I am open to suggestions.

Many thanks

[vinny]

The two cases that I knew in person was rejected down to the YMS cannot be extended as stated on the official website.

https://www.gov.uk/tier-5-youth-mobility

I can't understand the reasoning behind this statement, and can't analyze the risk of a bad record if it has been rejected, as most of the case I read been successful only this 2 cases been rejected because of this reason.

She is not extending in the same category (nor swtiching to another PBS category).

Neither 245ZL. nor the Immigration status requirement (E-LTRP.2.1., E-LTRP.2.2.) prevents a Tier 5 (youth mobility) holder from switching under D-LTRP.

[CHL989]

The two cases that I knew in person was rejected down to the YMS cannot be extended as stated on the official website.

https://www.gov.uk/tier-5-youth-mobility

I can't understand the reasoning behind this statement, and can't analyze the risk of a bad record if it has been rejected, as most of the case I read been successful only this 2 cases been rejected because of this reason.

She is not extending in the same category (nor swtiching to another PBS category).

Neither 245ZL. nor the Immigration status requirement (E-LTRP.2.1., E-LTRP.2.2.) prevents a Tier 5 (youth mobility) holder from switching under D-LTRP.

Thanks for the ensuring reply much appreciated.

[CHL989]

Regarding with the "employment" part of the requirement, is it true that the minimum income threshold of £18,600 needs to be met by the "British partner" which is me, I am currently doing my PhD and don't have an income I also do part-time. My girlfriend (applicant) is working in an accounting firm and earn £18,600. I have read somewhere the income can be combined if that hasn't been met they will look it the saving, which is £62,500 (which we don't have as we only just graduated).

Thanks in advance.

[CR001]

The income requirement must be met by the British spouse if applying for entry clearance OUTSIDE the UK.

Switching WITHIN the UK, either spouse's income can be used.

[CHL989]

The income requirement must be met by the British spouse if applying for entry clearance OUTSIDE the UK.

Switching WITHIN the UK, either spouse's income can be used.

Much appreciated CR001.

[CHL989]

Spoken with some solicitors and this one replied with the following,

"Only once applying for an extension will the income be acceptable through the British spouse, the applicant or a combination of both incomes. This is not applicable for the initial application.

If your partner does not meet the £18 600 income requirement, we cannot take an application forward as it will be refused."

This put me back to where that question was being raised, is there any guideline or documentation behind this? or will this be one of those cases by case things depend on the worker on the day?

Can I have some advice on which day should we book the appointment, would 14 days before expiry date be okay? or as people said on this forum the day of expiry.

Thanks

[CR001]

For applications within the UK on form FLR(M), JOINT or EITHER income can be used.

An initial application from outside the UK, only the British or settled spouse's income can be used.

See below, link to immigration rules.

https://www.gov.uk/guidance/immigration ... ly-members

Section E-LTRP: Eligibility for limited leave to remain as a partner
E-LTRP.1.1. To qualify for limited leave to remain as a partner all of the requirements of paragraphs E-LTRP.1.2. to 4.2. must be met.

-------------

Financial requirements
E-LTRP.3.1. The applicant must provide specified evidence, from the sources listed in paragraph E-LTRP.3.2., of-

(a) a specified gross annual income of at least-
(i) £18,600;

-------------

(a) income of the partner from specified employment or self-employment;
(b) income of the applicant from specified employment or self-employment unless they are working illegally;
(c) specified pension income of the applicant and partner;
(d) any specified maternity allowance or bereavement benefit received by the applicant and partner in the UK or any specified payment relating to service in HM Forces received by the applicant or partner;
(e) other specified income of the applicant and partner;
(f) income from the sources at (b), (d) or (e) of a dependent child of the applicant or of the applicant’s partner under paragraph E-LTRP.3.1. who is aged 18 years or over; and
(g) specified savings of the applicant, partner and a dependent child of the applicant or of the applicant’s partner under paragraph E-LTRP.3.1. who is aged 18 years or over.

[vinny]

Agree with CR001.

"Only once applying for an extension will the income be acceptable through the British spouse, the applicant or a combination of both incomes. This is not applicable for the initial application.

If your partner does not meet the £18 600 income requirement, we cannot take an application forward as it will be refused.

I don’t know where they are getting that from? There doesn’t appear to be any difference between the initial FLR(M), leave to remain application, and subsequent ones. Can they point to the specific Immigration rules that support what they say?

Section D-LTRP: Decision on application for limited leave to remain as a partner

D-LTRP.1.1. If the applicant meets the requirements in paragraph R-LTRP.1.1.(a) to (c) for limited leave to remain as a partner the applicant will be granted limited leave to remain for a period not exceeding 30 months, and subject to a condition of no recourse to public funds, and they will be eligible to apply for settlement after a continuous period of at least 60 months with such leave or in the UK with leave to enter granted on the basis of entry clearance granted under paragraph D-ECP.1.1. (excluding in all cases any period of leave to enter or limited leave to remain as a fiancé(e) or proposed civil partner); or, if paragraph E-LTRP.1.11. applies, the applicant will be granted limited leave for a period not exceeding 6 months and subject to a condition of no recourse to public funds and a prohibition on employment.

Section R-LTRP: Requirements for limited leave to remain as a partner
R-LTRP.1.1. The requirements to be met for limited leave to remain as a partner are-

(a) the applicant and their partner must be in the UK;
(b) the applicant must have made a valid application for limited or indefinite leave to remain as a partner; and either
(c)
(i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and
(ii) the applicant meets all of the requirements of Section E-LTRP: Eligibility for leave to remain as a partner; or ...

Section E-LTRP: Eligibility for limited leave to remain as a partner
E-LTRP.1.1. To qualify for limited leave to remain as a partner all of the requirements of paragraphs E-LTRP.1.2. to 4.2. must be met.

E-LTRP.3.2. When determining whether the financial requirement in paragraph E-LTRP. 3.1. is met only the following sources may be taken into account-
(a) income of the partner from specified employment or self-employment;
(b) income of the applicant from specified employment or self-employment unless they are working illegally;
....

Moreover,

1. (c) The employment or self employment income of an applicant will be taken into account if they are in the UK, aged 18 years or over and working legally, and prospective employment income will not be taken into account (except that of an applicant’s partner or parent’s partner who is returning to employment or self-employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM, or where paragraph 21A of this Appendix so permits).

[CHL989]

Hi all, we have finally come to May which is the time we have started the actual application when her current visa expires on the 10th July. We have managed to get a sort in last weekend of June at Sheffield, we have gathered some of the evidence and we will sort them out beforehand. Anyone got any experience at Sheffield center (the online review isn't so good), my girlfrd has also booked her flight on 4th July would this be against the application? the reason for this flight it just for safety and a visit to family.

Please comment and we will be appreciated for any advice before our application.

[CHL989]

Hi, we have gathered almost everything and set for the permit service on the 25th this month, we noticed there is a TB test requirement if we apply within the UK do we still require to provide this? If so, where can we get the test done? GP?

Thanks in advance.

[seagul]

Hi, we have gathered almost everything and set for the permit service on the 25th this month, we noticed there is a TB test requirement if we apply within the UK do we still require to provide this? If so, where can we get the test done? GP?

Thanks in advance.

If she living in uk from at least 6 months then I think she wont need TB test although from her back home its the requirement.

[CHL989]

Hi, we have gathered almost everything and set for the permit service on the 25th this month, we noticed there is a TB test requirement if we apply within the UK do we still require to provide this? If so, where can we get the test done? GP?

Thanks in advance.

If she living in uk from at least 6 months then I think she wont need TB test although from her back home its the requirement.

That is such a relive, cause we may not be able to find a place to do the test in such a short notice.