Help and guidance needed for FLR

[jimmyhannant]

My son (aged 22) returned to the UK from South Africa with his Fiance (aged 26) in September. They have been in a relationship for almost 4 years now. She had a visa that stipulated that they get married within 6 months, The initial application was made prior to the rule change in July 2012. They married in November. This visa expires in February. Does she now need to apply for FLR using FLR(M) application?

There are complications with their situation.

She is Quadriplgic, he is her 'carer' as well as her husband. They live with my wife and I, and, along with her parents in South Africa we support them financially. She has a regular monthly income from a trust fund set up after the accident that caused her disability and my son is about to start working this month, although the type of work he does needs to allow him the flexibility to tend to his wife's needs so does not afford the luxury of 'a regular income' and is not very well paid. She has medical cover from South Africa. They do not claim, or intend to claim, any benefits.

My son cannot get permission to work in South Africa so their only hope of building a future together lies in the UK.

Would appropriate statements of support from both sets of parents along with documentation showing trust income and medical aid coverage be sufficient to support an application?

Due to her condition (she has very limited use of her hands) she has had problems providing biometric data (she cannot give fingerprints). Are the UKBA likely to insist on her trying to do this despite having unsuccessfully attempted on 3 occasions (twice in South Africa and once on arrival in the UK in September)?

Do we need to employ the services of 'immigration consultants'? We tried this in an attempt to obtain 'Discretionary LTR' 2 years ago when she was here on a 'visitor visa', which was refused, and felt that perhaps we had been badly advised in going down that route as well as it costing the best part of £1000


Any help or guidance would be gratefully appreciated

[Lucapooka]

I'm going to assume she has a fiancee-settlement visa valid for six months rather than marriage visit visa (and that you know the difference).

She applied under the old rules and will continue under the old rules. By making the fiancee application she was effectively pre-screened and approved for settlement and the maintenance requirements for that application will be the same for the next application, which should be noting more than a formality. All that is different is that she is now married and provide proof of this. If nothing else has changed in the circumstances that saw the fiancee visa approved, there should be no problems with the FLR(M) applications.

[jimmyhannant]

Thank you for your reply

I'm hoping she has the 'Fiance settlement visa', I'm not too sure how to tell the difference between that and a 'marriage' visa. The visa in her passport simply states 'Marriage' and then my sons name, with a 'valid from' and 'valid to' date

The UKBA website is a total minefield to negotiate. Is there any way that I can find out exactly what type of visa it is?

[Lucapooka]

With that endorsement it's a fiancee settlement visa that permits switching into settlement. If it were otherwise it would be endorsed Visit-Marriage.

Here's the link to her next application, which must be submitted before her current leave expires.
http://www.ukba.homeoffice.gov.uk/visas ... ing-in-uk/

[jimmyhannant]

Thank you once again for your reply, your help and advice is invaluable

What do we do about the biometric test?, she is paralyzed from the chest down and 'popping out' to the nearest biometric test centre isn't really an option apart from probably not being able to complete it successfully anyway

How do we submit an application online? I don't appear to be able to edit the FLR(M) pdf file. Do I need to print out the FLR(M) and hand write it then get my daughter-in-law to sign it?

[Lucapooka]

It would be appropriate for your 22-year-old adult son to read the instructions in the link I previously provided. Perhaps he will have a clearer understanding of the procedures and processes.

What about any medical or physical conditions that may require the UK Border Agency to provide the applicant with special arrangements?
If you or any dependants who are applying with you have a medical or physical condition which may require special arrangements to be made in order for your biometric features to be recorded, you must obtain a letter or other document giving the details of any such condition and enclose it with your application. Appropriate documentary evidence would be a letter from a treating clinician, such as a practising doctor registered with the General Medical Council, giving details of the condition and/or special needs and explaining any arrangements that may be necessary

[jimmyhannant]

The information on the visa states under No of entries 'MULT' and under Type 'visa marriage/cp' then my sons name and DOB

I'm assuming that the application was made using form VAF4F rather than VAF1F. I'm getting that checked out at the minute.

What I don't understand though is that I thought an application made on form VAF4F allowed a visa to be granted for a '2 year probationary period' before it was necessary to apply for ILR.

Did the rule about the length of time a visa is granted for change at some point after October 2011?

[MPH80]

There have been changes yes - but I think you're aware of them under the July 9th rules.

However, those changes aren't the difference here. If you son's wife had arrived on a spouse visa (e.g. they were married before) then she would have been given a 2 year probationary period.

As she arrived on a fiancee visa - the comes with a 6 month probation which turns into a 2 year extension once married prior to ILR.

(and for anyone reading this thread for information - this period is now 6 months then 2 1/2 years, followed by a further 2 1/2 year period if you applied after July 9th 2012).

[jimmyhannant]

Thank you for clarifying that for me

I know this may seem like a silly question but I'm a little unsure about which name needs to be put where on the FLR(M) form on page 5,


1.4 'Your full name as in your passport or travel document' - should that be the name that she arrived with in the UK i.e. that shown on her passport?

and

1.5 'Surname or family name' - should that be her new married name?

[MPH80]

According to how my wife filled out her SET(M) form (which is the only thing I have a copy of now) ... she put:

1.4 - her first names - e.g. MARY JANE
1.5 - her surname - e.g. SMITH

Now - because she didn't change her passport to her married name, she put her maiden surname in the 1.5 box and used 1.6 to provide the married name.

Thus all this visas were issued to her in her maiden name - it kept life simpler.

She had this sorted out when she finally made it to citizenship and she applied for the passport. So everything, up to citizenship, she remained 'Mary Jane Smith'. Then once she was a BC - she sent the marriage certificate with the british passport application and got the passport in the name of 'Mary Jane Jones' instead.

But we might have gone the long way round about this - I don't know.

M.

[wiggsy]

on my wifes EEA2 form, we have put her name as her married name, and attached our marriage cert with a letter giving detail etc stating her legal name is now xxxxx due to marriage.

ukba hold her passport. we also made a note that "if there are any problems with this then please write to us. We will of course apply for wifes new passport as married name also - need to book apt at embassy in london - we can then travel to eu "freely" if required.

[jimmyhannant]

I've now just about completed the FLR(M) form on my daughter-in-law's behalf, it needs to be submitted within the next 10 days

As the 'old rules' apply in her case I have provided details of her monthly 'income' made up of payments from a trust fund (set up after her accident and payable for life) and payments from her parents, this totals approximately £600 a month. My son has only started work this month so has no evidence of an 'income'. I intend to provide a letter of support stating that we (my wife and I) can accommodate both of them in our home and that they do not need to pay rent or maintenance. Her parents are providing a letter of support to say that they will be depositing a set amount in her account on a monthly basis. In the 5 months since their return to the UK they have not needed, or intend to, recourse to public funds, she has medical insurance and all appropriate medical supplies pertinent to her condition are being sent from South Africa on a regular basis by her parents

Are there likely to be problems with this situation with respect to the maintenance requirements?

[Lucapooka]

I've now just about completed the FLR(M) form on my daughter-in-law's behalf

Why? Is your son not physically or mentally competent to do this, for he is the sponsor and will bear responsibility for the integrity of the information? Your understanding is vague to say the least so perhaps his inclusion in the process might make things easier for you.

[jimmyhannant]

My daughter-in-law is unable to physically complete the application due to her condition. She will 'sign' it as best she can before it is submitted and my son will sign as her sponsor

We have completed the form between us but for simplicity and continuity I have been co-ordinating and liaising with her parents and I have been physically filling the form in and collating all the evidence

[jimmyhannant]

I'm so sorry that my understanding of the situation appears 'vague'

Unfortunately, as I explained earlier, it's a complex situation. We've had experience of the UKBA, the way it 'works' and also bad (and costly) experiences with immigration consultants recommended by the UKBA website. Those experiences have not been good

I apologise again for my ignorance in these matters

[jimmyhannant]

FLR(M) applied for on 1 February

Request to submit biometrics received 22 February, submitted 26 February (after numerous attempts, thanks to the helpful guy in the booth, he was very understanding and sympathetic)

FLR(M) granted 18 March

Was quite a surprise, didn't expect to hear about this until August or September at the earliest, perhaps they're processing new applicants along with clearing up the backlog