Switching from FLR(O-FP) to FLR (M)

[Hamza141]

Dear Members,

Thank you for taking time to read my quiery.

I am looking to get some information about switching from FLR(O/FP) to FLR (M). I have 3 questions and I would really apperciate if any members or Admin can assist me with this.(I have very limited information on immigration law and I will try my best to explain my situation in detail)

My immigration history : entered uk on March 2011 on tier 4 student visa.
Married my spouse in 2012 and just before expiry of my tier 4 in Jun 2014 , I applied for FLR(O) ( I didn’t apply for FLR(M) because I wasn’t allowed to work full time and my wife didn’t earn enough to meet the finincial requiremts). The application FLR(O) was initially refused with a right to appeal. The case went on and I have had 2 hearings in court and finally I was granted 2.5 years leave to remain on basis of family and private life on April 2015. This is 10 years route and this Visa which is my current leave expires at end of October 2018.

My current Situation: I do meet all the requirements for FLR (M) (including finically threshold).

My intention: I am thinking of switching from FLR (O-FP) to FLR(M). This is because I meet all the requirements of FLR (M) and FLR(O-FP) may complicate things. However I will be completing my 10 years (if 10 year ILR rule is still there) in March 2021. So regardless of which FLR category I get granted, I should be eligible for ILR ( Please correct me If I don’t have right information)

Main Questins:
Q1:- which box should I tick on application form( I intend to switch from FLR(O-FP) to FLR(M), so despite my current status is on base of FLR(O-FP) , this will be my first extension of FLR (M). Please help which boxes to tick on application form where they ask which category I am applying for.

Q2: do I need to provide the bills and joint accounts , letters etc of myself and my wife for while of past 2.5 years or only last 6 months?

Q3: Is A1 English language from Trinity college accepted as English lanaguge requirement for FLR(M) or should I go for B2 from trinity college?

I would really appreciate if you guys could please assist me on this.
Thank you

[Kwipeh]

I immediately feel as if FLR (M) is a brand new application. I'd say please be careful not to ruin your 2021 chances of getting your ILR. In fact, it's not a 'chance'. You will get it if things remain nice and dandy as they have so far.

I think just renew your FLR (FP) and leave things be. It would hurt you badly were you to discover that applying for FLR (M) renders your accumulated time useless and you have to start counting 5 or 10 years afresh. Maybe I am wrong. This is off the top of my head. But please consider it carefully.

[Hamza141]

Thank you Kwipeh, yes I agree with you , this is what I am anxious about that what if things go wrong and I might have to complete another 5 or 10 years.
At the moment I am confused about the flr M form that which box to tick when applying after FLR(FP) for first FLR(M) application.
Also If I need to attach 6 months joints statement, bills , letters etc of myself and my spouse. Or do I have to provide the docs belonging to whole 2.5 years.
Also If A1 trinity college test is suitable for FLR(M) to meet the English lanaguge requirement.
Pleas anyone help as I am confused and I would have to submit my application at end of next month.
Eagerly looking to hear back.

[Kwipeh]

I will have a look at the website and see if I can help make the info easier for you. If someone else doesn't beat me to it. Let tomorrow come. You take care.

[Hamza141]

Thank you very much Kwipeh. Your help is much appreciated. Hope to hear back from you soon

[Kwipeh]

Thank you very much Kwipeh. Your help is much appreciated. Hope to hear back from you soon

Have a look at this, I copied it from the HO website. You did say you're on the 10 year route with FLR (FP), yes?:

"You must not use this form to make an application for an extension of stay in the following categories:
• As the partner or dependent child of a serving member of HM Armed Forces under Appendix Armed Forces to the Immigration Rules. You must complete form FLR(AF).
• On the 10-year partner or dependent child routes under Appendix FM to the Immigration Rules. You must complete form FLR(FP)."

[Hamza141]

Hello again, thank you for your help Kwipeh. Must appreciated
I have checked this information on GOV.uk, I think it’s basic info for initial application for FLR(FP) category. The site doesn’t give any information about switching categories.
I think it is allowed to change it to FLR(M) from FLR(FP) I am just confused about the boxes on FLR(M) application form, that which boxes to tick.

Section 2 - Under which category are you applying for leave?
2.1 Please tick a box below to show us the category in which the main applicant is applying for leave to remain in the UK and to confirm that all applicants are also applying for a biometric immigration document.

Here I think I need to tick first box which is (Spouse or partner of a person present and settled in the UK and a biometric immigration document)

It’s question 2.3 I am mainly confused about. Pls See below

2.3 Please indicate what stage of extension of leave you are applying for or why you are choosing to extend your current leave in one of the above categories.

First period of leave to remain (following an initial period of entry clearance as a partner of a settled person, or person who is in the UK with refugee leave or humanitarian protection, or as a child of a person who has limited leave as the partner of settled person, or following an initial period of entry clearance as a fiancé(e) or proposed civil partner of a settled person - 6 months).


You are making a first application from within the UK but have not previously had leave to enter/remain as a partner of a settled person, or person who is in the UK with refugee leave or humanitarian protection or a child of a person who has limited leave as the partner of a settled person or person who is in the UK with refugee leave or humanitarian protection.



Second period of leave to remain (following initial grant of leave to remain as a partner of a settled person or person who is in the UK with refugee leave or humanitarian protection, or as a child of a person who has limited leave as the partner of a settled person).


Further period of leave following a previous grant of leave to remain as a partner of a settled person or person who is in the UK with refugee leave or humanitarian protection, as a child of a person who has limited leave as the partner of settled person, or following an initial period of entry clearance as a fiancé(e) or proposed civil partner of a settled person - 6 months)


Please help that with one to tick in from from above 4 options, when I am on FLR(FP) leave which is about to expire and I want to switch category from FLR(FP) to FLR(M)?

Any help suggestions will be much appreciated

[Kwipeh]

Here are my thoughts, re: each of the options presented in question 2.3 as posted:

1. Option one works only if you came in with entry clearance as a partner of a settled person. Was this the case for you? You stated that you came in on a student visa.

2. Option two works if you DID NOT previously have leave to remain as a partner of a settled person. Your FLR (FP) was based on your partner, no? If yes, then this may not be the category for you because you already have leave to remain as a partner and will probably be required to extend within the already existing category.

3. Option three works if you already had one period of leave to remain as a partner, which I reckon you already have - FLR (FP).

4. Option four seems to be for after you have had a second leave to remain as a partner. You've only had one of those so far so I think this does not apply to you.

I hope it's clearer now and you can decide how you want to go.

[Hamza141]

Hello there,

Sorry about the late reply kwipeh.
I have applied using form FLR-M and posted it on Thursday and the application was received and signed for by home office next day on Friday 26 october.
I doubt they work on weekends however hopefully they will be taking fee soon and fingers crossed. I will keep the forum posted.

[Hamza141]

Update 01/11/2018
Received an acknowledgment letter dated 29/10/2018. The letter is not headed to me. Just a letter containing a reference number written by a pen and some info that they will be contacting me if biometrics are required.
They have also returned my Wife’s British passport and my son’s British passport. However my son was also granted Pakistani nationality and I sent his Pakistani ID with the application which they haven’t returned back to us. I am wondering if they would return it once the application have been considered or should I write them to ask for my son’s Pakistani Id. Please help!

[Hamza141]

Update
Fee deducted on 29/10/2018 and proceeded on my statement as 30/10/2018

[Kwipeh]

Update
Fee deducted on 29/10/2018 and proceeded on my statement as 30/10/2018

All the best!

[Hamza141]

Update 6/11/2018
Received letter of acknowledgment and letter for Biomertics in same envelope.
The letter I mentioned above in previous update was a plain letter with a reference number. Just a confirmation that they have received documents.
Biometrics submitter today 06/11/2018.
I Will keep you all posted as I see really limited information about switching from Flr-O to Flr-M on this forum.

[Zeemalik17]

Hi , I have same situation like you, I got FLRFP on 10 years route. I came in this country in 2010. after my first visa finished I applied for FLRO , that was refused later on, and by the time I got married and applied for FLRfp, now I got it.
my solicitor advised me to change it from flrfp to flrm, than i can apply ILR after 5 years.
should I change it,
you mention that you can go on 10 years route from the time you came in this country, as flro was refused,. I think so the continuous period is boken down,
can I still apply ILR in 2020 as ten years will complete ?
Please share your more experience,
thanks

[Hamza141]

Hi I am not very experienced but I will try my best to help you as much I can.
Looking at your situation it really depends whether your stay in uk was legal or not.
When you said that your flr O was refused, did you have a right to appeal and if yes - did you appeal?
The reason why I am asking is because as far you havnt overstayed without a visa or a visa application/appeal in process, then your stay will be considered legal and it will count towards 10 years.
You can apply for FLR M if you meet the requirements as I confirmed this with a solicitor before going down this route.
If you haven’t overstayed then it doesn’t really matter whether you extend as fLR-FP or FLR-M, your stay would count towards the 10 years long residence ( including the time your case have been in court/tribunal etc)
I would personally advise you to extend it with FLR-M if you meet the requirements as if by 2020 home office scarps the right of long residence or complicated it, then you still would have an option to go for ILR through 5 years on FLR-M.
Out of no where I have this deja wu feeling that I know you , are you from Luton lol
Thank you

[Zeemalik17]

Thanks for reply,
when my visa flro was refused there was not right of appeal than I applied for FLRFP as got married, later on flrfp was refused as well but with right of appeal than I went on appeal,
when my flrfp was refused they write it clearly that I am overstayer even tough I always applied next visa within time limit,
thats why I am cunfused that my 10 years roue is broken down or not..
I am from London.
thanks for replying

[Hamza141]

Zee I would suggest you to go for FLR-M because if there is an issue with previous status then you can still get ILr after 5 years. Secondly I would advise you to seek expert opinion on whether your time towards 10 years was broken or not. But for now I believe that FLR-M is your best bet.
All the best

[Hamza141]

Update 21/11/2018
I have received a BRP today by HO’s designated DX delivery service, I have been granted 30 months and it should complete 10 years at end of this visa, that’s when i will go for ILR, AlhUMDULI ALLAH.
It took me exact 4 weeks from posting an application to receiving BRP today.
All the best guys for your applications.
Thank you for your help and support

[NG1983]

@Hamsa..

Congrats on on your BRP.
Can i ask if you overstayed your visa before FLP was granted???On switching over to FLM.Did u submit financial statement for yourself or you and your partner??
Would you mind please letting us know what doc you submitted ..And was ur submission done on line or by post??
Thanks

[Hamza141]

Hi NG1983.
No I didn’t overstay any of my visa.
Financially I showed only my payslips , bank statement and letter from employer. As my wife is unemployed at the moment looking after our son.
I submitted basic docs
My passport and exp passport.
My wife passports and birth certificate
My son’s birth certificate and passport
English Language certificate
6months payslips, joint bank statement and letter from employer.
I provided numirious letters from gas , electric , vote registration phone bills, council tax over the period of last 2 and half years( it was because my last visa was granted as flr(fp) was on basis of my wife and son.
Tenancy agreements of past 2 and half years.
Covering letter explaining all docs.
I think that was pretty much everything I provided along with the full application form.
Hope that’s helps.

[bathanza]

Update 21/11/2018
I have received a BRP today by HO’s designated DX delivery service, I have been granted 30 months and it should complete 10 years at end of this visa, that’s when i will go for ILR, AlhUMDULI ALLAH.
It took me exact 4 weeks from posting an application to receiving BRP today.
All the best guys for your applications.
Thank you for your help and support

Fantastic turn around time!! Well done

What tick boxes did you use in the end?.I'll be applying for husband soon too!

[Hamza141]

Hey sorry for late reply. Not been on here.
I ticked the box which said applying to extend the previous leave where I was granted a leave on basis of family/spouse/child. I also explained it to them in covering letter that my previous grant was FLR-O and now I am switching it to FLR-M.
Don’t forget to send pre paid envelope. Because home office and Royal Mail just lost whole bundle of my supporting documents.
Good luck!