FLR(M) Expiring Soon, Laid of from work - Advice Please

[Shadow2505]

Hey Friends, 

I find myself in a bit of a situation and would love your advice. 

My wife is currently on a leave to remain (Spouse) that's due for extension on the 10th of April. The problem is, I am currently out of work and will not be starting a new Job until 15th April (It's a fixed term contract).

My challenge is, I will not be able to meet the financial requirements before her leave to remain expires.
I will be asking the company if I can start on the 1st of April, though I'm not sure that they can accommodate this.

If they can't accommodate this start date, what are my options please? Will she need to leave the country and come back to avoid overstaying?

A complicating factor is that her passport (US) Expires on the 4th of May! Financially we have about 14k in savings.

Thanks in advance for your advice.

[TODMATT]

Hey Friends,

I find myself in a bit of a situation and would love your advice.

My wife is currently on a leave to remain (Spouse) that's due for extension on the 10th of April. The problem is, I am currently out of work and will not be starting a new Job until 15th April (It's a fixed term contract).

My challenge is, I will not be able to meet the financial requirements before her leave to remain expires.
I will be asking the company if I can start on the 1st of April, though I'm not sure that they can accommodate this.

If they can't accommodate this start date, what are my options please? Will she need to leave the country and come back to avoid overstaying?

A complicating factor is that her passport (US) Expires on the 4th of May! Financially we have about 14k in savings.

Thanks in advance for your advice.

If financial requirement is not met at the date of the application, you are either likely to be put on 10 years route assuming you can fulfilled EX1 and EX2.

"EX.1. This paragraph applies if

(a)
(i) the applicant has a genuine and subsisting parental relationship with a child who-
(aa) is under the age of 18 years, or was under the age of 18 years when the applicant was first granted leave on the basis that this paragraph applied;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application ;and
(ii) taking into account their best interests as a primary consideration, it would not be reasonable to expect the child to leave the UK; or
(b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK, or in the UK with refugee leave, or humanitarian protection, in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d), or in the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay in accordance with paragraph GEN.1.3.(e), and there are insurmountable obstacles to family life with that partner continuing outside the UK.
EX.2. For the purposes of paragraph EX.1.(b) “insurmountable obstacles” means the very significant difficulties which would be faced by the applicant or their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the applicant or their partner."

OR

Another option would be to apply for FLR FP, attend your biometrics then vary your application to FLR M if decision has not been made on your application which means you will need to pay for another application and the previous fee difference will be refunded. Please read more information on this option. Maybe a mod can confirm this option.

See 10 https://assets.publishing.service.gov.u ... 0.0ext.pdf

[walker]

Changes to the minimum income and adequate maintenance requirement
If you’ve experienced a loss of income due to coronavirus up to 31 May 2021, we will consider employment income for the period immediately before the loss of income, provided the minimum income requirement was met for at least 6 months immediately before the date the income was lost.

If your salary has reduced because you’re furloughed we will take account of your income as though you’re earning 100% of your salary.

If you’re self-employed, a loss of annual income due to coronavirus between 1 March 2020 and 31 May 2021 will usually be disregarded, along with the impact on employment income from the same period for future applications.

see: https://www.gov.uk/guidance/coronavirus ... -residents

[Shadow2505]

Hey!

Thank you so much for this detail. Very helpful.