Just lost my job - Impact on FLR (M)

[bobmcbob]

Hi all,

My partner is coming up to the 2 year mark in the UK, having come here on the co-habiting partner visa (I'm a British natiional) . Was going to get this extended through the FLR M route (as she the UK entered more than a month afrter it was granted back in China - because the embassy held onto the passport for 3 weekd after the after the visa date had been issued!)

I lost my job at the begining of last month and this will mean that obviously I'll be missing Augs payslips and my salary wont be shown on the bank statements. I have a tennancy agreement that expires in November, this can be renewed but am concerned that my not having a job at the moment and this only being a few months away will bode badly for any application.

I'm concerned that because of this the visa will be refused as they will not see any income coming in and would be concerned that I may have to access public funds in the future.

I have 2.5K saved, my rent is 650p/m - my partner works but brings in very little - just about covers the food costs.

I am seriously considering getting my parents top act as sponsors - perhaps this would assuage my concers over being unemployed.

Any advice would be greatly appreciated!

[John]

I am seriously considering getting my parents top act as sponsors - perhaps this would assuage my concers over being unemployed.

Financial support from 3rd parties is no longer permitted, except as regards them letting you live in accommodation either rent-free or cheaply.

As you are not currently working, and your partner is not earning a lot, have you considered claiming Tax Credits? How many hours per week does your partner work? And are there are children in your household?

[bobmcbob]

Thanks for reply.

We have no children. She only works 10-12 per week. My understanding is she needs to work more than 16 in order to be able to claim tax credits.

I'm concerned that the visa will be refused because we dont have a big enough income at the moment

[Casa]

The instruction to checking officers is not to refuse spouse ILR applications purely on fianancial grounds, and the fact that you have savings should go in your favour.
Regarding FLR(M) due to the month's gap. This is no longer necessary as there's now a concession in place allowing you to apply by post before the expiry date and the application will be held on file until the qualifying date. It will save your wife the cost of the FLR fee. The concession isn't available for PEO appointments. Has she passed the Life in the UK test...or ESOL Citizens course?
You don't have to submit a tenancy agreement by the way.

[John]

bobmcbob, has your wife already passed the Life in the UK Citizenship test?

[bobmcbob]

No she hasn't taken the test yet

[John]

Well without a pass certificate from the Life in the UK Citizenship test, or a completion certificate from a combined ESOL/Citizenship course, she cannot apply for ILR.

When does her current visa expire? And how is her English? At ESOL Entry 3 level or better?

[bobmcbob]

When does her current visa expire? And how is her English? At ESOL Entry 3 level or better

Visa expires on 27th Sep. Her English is pretty much at native level - she also has a degree in English.

Thanks

Bob

[John]

So why has she not taken and hopefully passed the test? 16 days to go!

I think, see if she can get a test booking, prior to her visa expiry date, and she needs to get studying.

No pass certificate and all she can apply for is another 2-year visa, using form FLR(M).

Whatever, not later than the expiry date of her current visa she needs to make a visa application. Do not let her become an overstayer.