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Converting to spouse visa while in UK but dependent still in home country

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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fb016ph
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Posts: 2
Joined: Sat Apr 24, 2021 7:46 am
Philippines

Converting to spouse visa while in UK but dependent still in home country

Post by fb016ph » Sat Apr 24, 2021 8:50 am

I just joined the forum and am in desperate need of advice. I tried searching for a related topic here using the search feature but could not find any. Please direct me to it, if my post is redundant.

I (Philippine citizen) arrived in the UK a few months ago on a visit visa. Because of difficulties caused by the pandemic, my husband (UK citizen) and I have decided to relocate here permanently. I found out from friends that I can actually convert my visit visa to a spouse visa without having to return to my home country. I really want to do that as it would save us a lot of money, as it is very expensive and complicated for me to get a flight back to PH with the red list situation and all.

However, my biggest problem now is that I have a 17 year old son in the Philippines who has to come to the UK to join us as soon as possible, as I am his main guardian. How do I add my son to my application?

I tried filling in the FLR(M) form and towards the end it asks to add the details of my dependent but it seems to only take a UK address which my son currently is not at. Now I don't know what is best to do. I would be very grateful for any advice.

TODMATT
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Posts: 1497
Joined: Wed Jun 13, 2012 2:09 pm
United Kingdom

Re: Converting to spouse visa while in UK but dependent still in home country

Post by TODMATT » Sat Apr 24, 2021 5:03 pm

fb016ph wrote:
Sat Apr 24, 2021 8:50 am
I just joined the forum and am in desperate need of advice. I tried searching for a related topic here using the search feature but could not find any. Please direct me to it, if my post is redundant.

I (Philippine citizen) arrived in the UK a few months ago on a visit visa. Because of difficulties caused by the pandemic, my husband (UK citizen) and I have decided to relocate here permanently. I found out from friends that I can actually convert my visit visa to a spouse visa without having to return to my home country. I really want to do that as it would save us a lot of money, as it is very expensive and complicated for me to get a flight back to PH with the red list situation and all.

However, my biggest problem now is that I have a 17 year old son in the Philippines who has to come to the UK to join us as soon as possible, as I am his main guardian. How do I add my son to my application?

I tried filling in the FLR(M) form and towards the end it asks to add the details of my dependent but it seems to only take a UK address which my son currently is not at. Now I don't know what is best to do. I would be very grateful for any advice.
Here is the current concession.

"If your leave expires after 31 October 2020, you can make your application from inside the UK where you would usually need to apply for a visa from your home country if either one of the following applies to you:

your application is urgent, for example if you have a family emergency and cannot apply from outside the UK
you cannot apply from outside the UK due to coronavirus"

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


When did you arrive in the UK? You cannot add your son who is abroad to the application unless he was granted a leave previously or using the current concession above while they are here on a visiting visa. Overall its a risky application because some have been refused even using this concession so i would seek for a legal representation here.
My opinions should not be constituted as an immigration or legal advice.

fb016ph
Newly Registered
Posts: 2
Joined: Sat Apr 24, 2021 7:46 am
Philippines

Re: Converting to spouse visa while in UK but dependent still in home country

Post by fb016ph » Mon Apr 26, 2021 7:28 am

TODMATT wrote:
Sat Apr 24, 2021 5:03 pm
fb016ph wrote:
Sat Apr 24, 2021 8:50 am
I just joined the forum and am in desperate need of advice. I tried searching for a related topic here using the search feature but could not find any. Please direct me to it, if my post is redundant.

I (Philippine citizen) arrived in the UK a few months ago on a visit visa. Because of difficulties caused by the pandemic, my husband (UK citizen) and I have decided to relocate here permanently. I found out from friends that I can actually convert my visit visa to a spouse visa without having to return to my home country. I really want to do that as it would save us a lot of money, as it is very expensive and complicated for me to get a flight back to PH with the red list situation and all.

However, my biggest problem now is that I have a 17 year old son in the Philippines who has to come to the UK to join us as soon as possible, as I am his main guardian. How do I add my son to my application?

I tried filling in the FLR(M) form and towards the end it asks to add the details of my dependent but it seems to only take a UK address which my son currently is not at. Now I don't know what is best to do. I would be very grateful for any advice.
Here is the current concession.

"If your leave expires after 31 October 2020, you can make your application from inside the UK where you would usually need to apply for a visa from your home country if either one of the following applies to you:

your application is urgent, for example if you have a family emergency and cannot apply from outside the UK
you cannot apply from outside the UK due to coronavirus"

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


When did you arrive in the UK? You cannot add your son who is abroad to the application unless he was granted a leave previously or using the current concession above while they are here on a visiting visa. Overall its a risky application because some have been refused even using this concession so i would seek for a legal representation here.
I really might end up having to get an immigration lawyer to advise me on this. The reason I am even considering this is because of what was stated on the same page where you took that quote.
If you intend to stay in the UK

In order to remain in the UK, you will need to apply for the relevant permission to stay. Where eligible, you’ll be able to submit a permission to stay application form from within the UK.

You’ll need to meet the requirements of the route you’re applying for and pay the UK application fee."

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CR001
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Re: Converting to spouse visa while in UK but dependent still in home country

Post by CR001 » Mon Apr 26, 2021 7:33 am

If your son is not in the UK, you cannot add home to your FLR m application. He has to apply from outside the UK on the relevant form, which is not FLR m.

FLR M is only for those within the UK.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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