help spouse visa

baby2 · Post by **baby2** » Wed Dec 29, 2010 3:24 pm

Hi,
I am Malaysian.Married to my husband who is granted permenant residency this year.We got married legally and traditionally in 2007 in Malaysia.in 2008 I have travelled to UK as student to do degree.I first know my husband through internet.In 2005 I got admission to Kingston uni unfortunately the university could not send admission and immigration letter in time for me to apply for student visa,so i came here as tourist(tickets booked was no refundable) and finally met him and his family personally.I had to come here in student visa 1) because i wanted to study 2)my husband can't sponsor me at the time because he was under his sister sponsorship.I was thinking to apply using flr(m) form and thinking using premium service as we have many travel plans next year all due to various relative marriages.

supporting documents that we have currently
1)bank documents
2)my husband send certain amount of money to my bank account here
3)we live with his sister,so we are currently renting one room,so his sister can give us a letter that she gave her consent for us to stay in one room
4)my husband's employment letter and pay slips with P60
5)i am working part time.will it be helpful if I include my payslip.(I was supposed to do only 20 hours per week but my payslip always overtimed me and paid me over but this is covered in the following month pay,don't know if it will give any idea to the case worker that i am doing illegal working hours.)
6)tenancy agreement from my sis in law.
7)We don't have saving at the moment because he has been paying for my international student fees to the university.

I had emailed ukba regarding english language test but love to have any opinion here.I had certificate for University of Cambridge International
Examinations (CIE) GCE O Level English Language (Syllabus numbers 1119) grade C ,which i don't know if this is acceptable.

once i had my english certificate,would i be able to apply in person using premium service in croydon?

Thank you in advance

baby2 · Post by **baby2** » Thu Dec 30, 2010 3:07 pm

Hi all,
I am really devastated now...i had email ukba regarding application form i should be using eplaining that my husband has been granted permanent residency under european law.I receive reply today as below
"Please be advised that if your husband has been granted Permanent Residency as the Family Member of an EEA national and you wish to submit an application to remain in the United Kingdom as his spouse, we are unable to assist you with your enquiry"
please advise me on which application form should I use.

Post by **geriatrix** » Thu Dec 30, 2010 3:24 pm

1. What is your current immigration status in the UK?
2. What is your husband's nationality and on what basis did your husband receive his permanent residency?

regards

HRY2005 · Post by **HRY2005** » Thu Dec 30, 2010 6:59 pm

They might have assumed he was granted a PR as a husband of an EU national (another woman) based on your email. You need to clarify the position(his relationship to the EU national).

baby2 · Post by **baby2** » Thu Dec 30, 2010 8:23 pm

thank you first of all.Doesn't obtaining Permanent residency through EEA route still mean "present and settled" in UK.I had made call to the ukba today.this is what they told me.
first I called the general immigration advice asking for which form should I use.I explain to the lady that I am a wife of a person with permanent residency here.she asked in which way did he receive the PR.I told her that he received it through the sponsorship from his european sister and he is not an european.she asked me to call the european immigration and she can't help with it.I asked the european immigration officer and he told me that his sister who is an european need to sponsor me and my husband can't sponsor me.This is confusing.there must be some way for me to be able to join my husband without his sister's sponsorship because after he gain PR he does not bound to his sister's fund anymore.She does not need to reside here anymore.infact she is going to leave to her european country next year.Please help me

baby2 · Post by **baby2** » Thu Dec 30, 2010 8:25 pm

my current immigration status is student.My husband received his PR after completing 5 years of in UK under his european sister's sponsorship.

Post by **vinny** » Fri Dec 31, 2010 12:15 am

Switching should also be possible.

baby2 · Post by **baby2** » Fri Dec 31, 2010 10:15 am

thank you vinny,
Is there any idea which form should I use.I had been told all this long that i should use flr(m).now i don't even have any idea under which category i should be applying.I had a friends whose application has been refused because of the wrong form used and she was not told until she called them after 3 and 1/2 month.

Post by **vinny** » Fri Dec 31, 2010 10:38 am

FLR(M).

Click on links for more information.

baby2 · Post by **baby2** » Fri Dec 31, 2010 12:20 pm

Thank you again,
I called home office again today,their answer is still the same.I have read through the document attached,there is no paragraph mentioning about husband who gained PR through EEA route sponsoring wife bearing in my that my husband is not an european.I am bit confuse now.I do have other option such as applying post study work visa next year and wait until he gets citizenship before switching or get a job and switch to work permit.

They keep on saying that his sister should sponsor me as her sister-in-law.This is ridiculous and such as stating that any men who got PR such as my husband should not get marry or bring their wife.
I really don't know what to do.Advise me please.i am very desprate to get into spouse visa as god only knows how many more law they will change for post study work visa next year.

Post by **vinny** » Fri Dec 31, 2010 2:42 pm

"settled in the United Kingdom" is equivalent to "Permanent right of residence" (2(1)).

baby2 · Post by **baby2** » Fri Dec 31, 2010 3:38 pm

thank you again vinny,
This shows that my husband has got the right reside in UK permanently.This should be allowing him to sponsor me as his wife.Thank you for the wonderful advices.

baby2 · Post by **baby2** » Tue Jan 04, 2011 12:27 pm

Hi all,
Reporting my progress after discussion with my lawyer and UKBA.
Receiving Permanent Residency via EEA route is counted as "present and settled" here.However non-EEA family member will have stamp endorsed validity for 10 years.This mean the family member will be settled in UK under EEA law therefore would not eligible to apply under UK law.Sponsorship has to be done whoever has sponsored the non-eea in first place and procedure is the same.Once non-eea family member switch to UK i.e through citizenship. they will be able to sponsor their spouse respectively.
Thank you for all the advise guys.I don't think it will worthwhile to spend that much money into try applying to spouse visa under UK law now where my husband will be eligible to apply for citizenship this year end.
I just thought of sharing this information.

Post by **vinny** » Tue Jan 04, 2011 10:08 pm

baby2 wrote:However non-EEA family member will have stamp endorsed validity for 10 years.

The endorsement of a document certifying permanent residence and a permanent residence card is irrelevant because it's only a confirmation of status. The Permanent right of residence can only be lost under 15(2) & (3).

If Permanent right of residence =

SCHEDULE 2 EFFECT ON OTHER LEGISLATION wrote:2.â€”(1) For the purposes of the 1971 Act and the British Nationality Act 1981(2), a person who has a permanent right of residence under regulation 15 shall be regarded as a person who is in the United Kingdom without being subject under the immigration laws to any restriction on the period for which he may remain

= settled in the United Kingdom,

then partners of people with a Permanent right of residence should have a choice between the immigration rules and EEA regulations.

baby2 · Post by **baby2** » Wed Jan 05, 2011 11:00 am

Thanks vinny,
I was browsing all my option yesterday after my last post.I find that my lawyer always give me negative advice as with UKBA everytime I seek for his advice.So I changed my lawyer.I had conversation with my new lawyer and he said the same thing you posted here.Even if I were to be refused a spouse visa,he said we can appeal because the provision does not state clear differences between EEA rule and UK rule.Overall,my husband is Present and settled and that is what they require for me to be eligible to apply spouse visa.Thank you for the wonderfull advice.I will have to take my english test.I will keep posting the updates.Thank you again

baby2 · Post by **baby2** » Wed Jan 12, 2011 2:48 pm

Hi all.After numerous call to UKBA regarding my situation I decided to send email to them telling my dissatisfaction towards their advice through phone which varied most of the time.In my case I always being diverted to european enquiry calling centre and vice versa.
my email to them:

Dear Sir/Madam,
> I have been involved in numerous call regarding my situation here and received variety answer each time of my call to UKBA.My situation as below:
>
> I am in an international student here under student visa.I am married to my husband 3 years ago.He now acquired permanent residency.His european sister sponsored him 5 years ago and my husband himself is not an european.My understanding was that my husband has to be settled in the UK.I had received variety of answer from immigration officer in the helpline such as have to call european call line.When I called european line I have been given to call general immigration enquiry line.When I called general enquiry line I was told that since he acquired Permanent Residency under EEA rule,he can't sponsor me under UK rule.His passport has vignette endorsed stating "No restriction on the holder's activity in the United Kingdom".An extract that I have posted below which aided to my understanding.
>
> settled in the United Kingdom" means that the person concerned:
>
> (a) is free from any restriction on the period for which he may remain save that a person entitled to an exemption under Section 8 of the Immigration Act 1971 (otherwise than as a member of the home forces) is not to be regarded as settled in the United Kingdom except in so far as Section 8(5A) so provides; and
> (b) is either:
> (i) ordinarily resident in the United Kingdom without having entered or remained in breach of the immigration laws; or
> (ii) despite having entered or remained in breach of the immigration laws, has subsequently entered lawfully or has been granted leave to remain and is ordinarily resident
>
>
> Leave under the 1971 Act
> 1.-(1) In accordance with section 7 of the Immigration Act 1988(1), a person who is admitted to or acquires a right to reside in the United Kingdom under these Regulations shall not require leave to remain in the United Kingdom under the 1971 Act during any period in which he has a right to reside under these Regulations but such a person shall require leave to remain under the 1971 Act during any period in which he does not have such a right.
> (2) Where a person has leave to enter or remain under the 1971 Act which is subject to conditions and that person also has a right to reside under these Regulations, those conditions shall not have effect for as long as the person has that right to reside.
> This extract from the http://www.legislation.gov.uk/uksi/2006 ... ule/2/made also indicate the right of Permanent Residency
> Persons not subject to restriction on the period for which they may remain
> 2.-(1) For the purposes of the 1971 Act and the British Nationality Act 1981(2), a person who has a permanent right of residence under regulation 15 shall be regarded as a person who is in the United Kingdom without being subject under the immigration laws to any restriction on the period for which he may remain.
> (2) But a qualified person, the family member of a qualified person and a family member who has retained the right of residence shall not, by virtue of that status, be so regarded for those purposes.
>
>
> The extract from The Immigration (European Economic Area) Regulations 2006 from the website http://www.legislation.gov.uk/uksi/2006 ... on/15/made
>
> Under the Permanent Right of Residence
> 15.-(1) The following persons shall acquire the right to reside in the United Kingdom permanently
>
> (f)a person who-
> (i)has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years; and
> (ii)was, at the end of that period, a family member who has retained the right of residence.
>
>
> Doesn't all this shows that my husband is settled in the UK.In that case why I can't switch to spouse visa in the UK as a spouse of my husband.Please advise me further.Thank you in advance.

their reply finally:
Dear Madam,

Thank you for your enquiry.

Please be advised that you can submit the FLR(M) application form before your leave expires.

when submitting the FLR(M) application form, you must now show that you can speak and understand English if you are a non-European migrant and you want to extend your stay in the UK as the spouse, civil partner, unmarried partner or same-sex partner of a British citizen or a person settled here. This requirement was introduced on 29 November 2010.

For further information, please visit the UK Border Agency website at:

http://www.ukba.homeoffice.gov.uk/sitec ... e-partners

The FLR(M) application form is available from the UK Border Agency Website www.ukba.homeoffice.gov.uk All details and instructions are included with the forms.

Yours faithfully,

@@@@@@@@
Immigration Group
UK Border Agency

Since I have always been diverted to the european UKBA calling centre,The advisor in european centre perhaps only know how to advice on EEA regulation.In my case there is a crossing in UK Regulation and EEA regulation as I am under student visa and my husband received PR based EEA.It is always essential to get advice from many places and this forum definitely helped me a lot and big THANKS to you Vinny and to anyone intended to help.I am going to submit my application flr(m) soon.Just waiting for my IELTS.I will keep on the update.

baby2 · Post by **baby2** » Wed Jan 12, 2011 4:14 pm

Hi all,
I keep needing more advice as only this forum is trustable for me.I was thinking of applying flr(m) using premium service and came across that this is only for straight forward application.I think mine is not that straight forward but if anyone could advice me whether I should try for the premium service.
supporting documents that we have currently
1) bank documents (mine and husbands)

2) my husband send certain amount of money to my UK bank account every month.

3) we live with his sister,so we are currently renting one room,His sister have to give us letter stating that she have no problem for us to stay with her free and paying 2 utility bill.(sorry to be confusing.it is in the tenancy agreement that subletting is not allowed,however family members are not considered as sublet subject and this is only allowed if the family member is not paying room rent).

4)my husband's employment letter and pay slips with P60

5)i am working part time.will it be helpful if I include my payslip

6)tenancy agreement from my sis in law. However it needed to be renewed in end of June.

7)currently my husband only have Â£2500 in his savings.

8)letter from university for satisfactory attendance and enrolment

9)in 1 months time=IELTS

Please advice me.

Cupid12345 · Post by **Cupid12345** » Wed Jan 12, 2011 6:40 pm

I used premium service for flr(m) today at peo and application was successful. I was on tier 4 and my husband is English .The documents they needed for my application was our passports , our photos , marriage certificate,proof of study ,our recent 3 month bank statements (or) payslips . I worked part time for 20 hours a week and included in the application. My husband works full time and no benefits has been claimed .For English test requirement , I used Pearson English test which can give me the result within 5 working days and their customer service is very good.Their online test report is accepted by ukba but some of the Peo staff can be quite incompetent then you may give them explanation about pearson doesn't send the result by post .

Imani · Post by **Imani** » Wed Jan 12, 2011 6:53 pm

Cupid12345 wrote:I used premium service for flr(m) today at peo and application was successful. I was on tier 4 and my husband is English .The documents they needed for my application was our passports , our photos , marriage certificate,proof of study ,our recent 3 month bank statements (or) payslips . I worked part time for 20 hours a week and included in the application. My husband works full time and no benefits has been claimed .For English test requirement , I used Pearson English test which can give me the result within 5 working days and their customer service is very good.Their online test report is accepted by ukba but some of the Peo staff can be quite incompetent then you may give them explanation about pearson doesn't send the result by post .

Congrats. At least now you can relax about your money well spent.

baby2 · Post by **baby2** » Thu Jan 13, 2011 8:34 am

Congrats cupid 1234.
I have one more question perhaps last one.Since I am under student visa and wanted to make application for spouse visa in March.If HO rejected my application would I still be able to use my student visa which expire in OCT 2011.

Post by **vinny** » Thu Jan 13, 2011 11:56 am

If refused, then they may, or may not, curtail your leave.

If they curtail your leave, then you will have the right of appeal. Else, you won't have the right of appeal.

baby2 · Post by **baby2** » Fri Aug 26, 2011 2:03 pm

Hello everyone,
Just an update....I have finally send my application for FLR(M).This has been delayed because of my studies(final year so it became really hard but its over).I will post in updates...thank you

baby2 · Post by **baby2** » Tue Sep 20, 2011 10:10 am

Hello everyone,
Thanks for being such a wonder.I have applied for flr(m) on 23/08/2011.
Got acknowledgement letter on 29/8/11
Got biometric letter on 2/9/11
Got my biometric done on 7/9/11.
Got my documents and biometric residence permit on 20/9/11 with issuing dated as 14/9/2011.

I have supplied
Our marriage certificate + translation(we got married in my home country)
wedding invitation + photographs(5)
my husband's passport with PR endorsement
our bank statement where we never had overdraft
husband's employer letter
husband's payslip for the last 6 months and P60(1)
tenancy agreement on our both names
letter from my husband stating that he support my application
IELTS certifcate
finally my university award confirmation(this is to save time so that they won't ask for proof if I have been active towards my study as awards will only be given if one attend and sit succesfully for the exam)

I hope that anyone who is in the category such as my husband will be relief to know that they do accept their spouse.The best way to get advice is not to call them as they will confuse us further....good luck everyone and Thank you once again.

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help spouse visa

help spouse visa