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Applying visa for my Spouse on FLR (O)

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

kimken
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Applying visa for my Spouse on FLR (O)

Post by kimken » Sat Feb 16, 2013 5:37 pm

Hi all,

Please someone give me advice on my wife's application which I am going to submit to Home Office for my wife soon.

I am a Japanese and have ILR obtained in 2001, living in UK since 1995.

My wife is also Japanese and she is on Youth mobility scheme entered in UK Feb 2011, which running out soon.

We married in Japan in Nov 2011(we do not have UK marriage certificate but have Japanese equivalent which is officially translated).Off course our marriage is genuine...

We have got a baby born in the UK in march 2012 who has got UK passport as well as Japanese.

Although I now have got a job starting in few weeks time but I am still on benefit(JSA, Housing and council Tax) last one and half year, so she cannot apply FLR (M) as my income does not meet financial requirement.

I discussed this with Immigration enquiry bureau and they advised me that she can still apply as FLR(O) 10 years family route which she need to go through 2.5 years extension x 4 times before applying ILR. At the time of enquiry back in Oct 2012, they said they have not issued any visa yet in this category as this is a new rule set out in July 2012.

I need some advice on the following questions;

1. Is this a straight forward application?
2. What kind of facts I should mention and/or emphasise in a covering letter?
3. Can I write and sign the letter as a partner? or it must be written by herself as this is her application? or perhaps we need to enclose letters from both???
4. Is there anything else I should submit as supporting documents/evidence? I am going to submit the followings;

-letters from government etc. to show she was living with me at the address.
-officially translated japanese marriage certificate
-my passport(ILR)
-our baby's british birth certificate
-wife's ESOL certificate.

Any advice is appreciated.

Thanks,

Obie
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Post by Obie » Sun Feb 17, 2013 10:54 am

She may qualify under These provisions
Smooth seas do not make skilful sailors

kimken
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Post by kimken » Mon Feb 18, 2013 12:40 pm

Thanks Obie,

I was told by Immigration enquiry bureau that she cannot go through "as a parent" because the baby has not spent 7 years(obviously) and we are not divorced....

Obie
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Post by Obie » Mon Feb 18, 2013 2:24 pm

Thats is not right. Then again it will not be the first.
That requirement is alternate, if the child is not British.
Smooth seas do not make skilful sailors

majojo
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kimken

Post by majojo » Mon Feb 18, 2013 4:17 pm

kimken, i applied this same visa just last month. and i am still waiting for my biometrics. in my situation i was n student visa and when i finished i had a job and when i combine my salary and my wifes salary it meets 1550 each month. the reasn i couldnt apply for the flrm was becasue i cant work fr more than 6 months so i had to apply for flro 10 year. i aded all pay slips for 3 months bank statements, pictures etc. am hoping all will go well as i was told this is a new rule so am praying all will be fine.
als if you meet these you have a higer possibility of receving it


D-LTRP.1.2. If the applicant meets the requirements in paragraph R-LTRP.1.1.(a), (b) and (d) for limited leave to remain as a partner they will be granted leave to remain for a period not exceeding 30 months and subject to a condition of no recourse to public funds unless the Secretary of State deems such recourse to be appropriate, and they will be eligible to apply for settlement after a continuous period of at least 120 months with such leave, with limited leave as a partner under paragraph D-LTRP.1.1., or in the UK with entry clearance as a partner under paragraph D-ECP1.1. (excluding in all cases any period of entry clearance or limited leave as a fiancé(e) or proposed civil partner), or, if paragraph E-LTRP.1.11. applies, the applicant will be granted limited leave for a period not exceeding 6 months and subject to a condition of no recourse to public funds and a prohibition on employment.

Section R-LTRP: Requirements for limited leave to remain as a partner
R-LTRP.1.1. The requirements to be met for limited leave to remain as a partner are-

(a) the applicant and their partner must be in the UK;
(b) the applicant must have made a valid application for limited or indefinite leave to remain as a partner; and either
(c) (i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and

(ii) the applicant meets all of the requirements of Section E-LTRP:

Eligibility for leave to remain as a partner; or

(d) (i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and

(ii) the applicant meets the requirements of paragraphs E-LTRP.1.2-1.12. and E-LTRP.2.1.; and

(iii) paragraph EX.1. applies.




Relationship requirements
E-LTRP.1.2. The applicant's partner must be-

(a) a British Citizen in the UK;
(b) present and settled in the UK; or
(c) in the UK with refugee leave or as a person with humanitarian protection.

E-LTRP.1.3. The applicant must be aged 18 or over at the date of application.

E-LTRP.1.4. The partner must be aged 18 or over at the date of application.

E-LTRP.1.5. The applicant and their partner must not be within the prohibited degree of relationship.

E-LTRP.1.6. The applicant and their partner must have met in person.

E-LTRP.1.7. The relationship between the applicant and their partner must be genuine and subsisting.

E-LTRP.1.8. If the applicant and partner are married or in a civil partnership it must be a valid marriage or civil partnership, as specified.

E-LTRP.1.9. Any previous relationship of the applicant or their partner must have broken down permanently, unless it is a relationship which falls within paragraph 278(i) of these Rules.

E-LTRP.1.10. The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.

E-LTRP.1.11. If the applicant is in the UK with leave as a fiancé(e) or proposed civil partner and the marriage or civil partnership did not take place during that period of leave, there must be good reason why and evidence that it will take place within the next 6 months.

E-LTRP.1.12. The applicant's partner cannot be the applicant's fiancé(e) or proposed civil partner, unless the applicant was granted entry clearance as that person's fiancé(e) or proposed civil partner.

Immigration status requirements
E-LTRP.2.1. The applicant must not be in the UK-

(a) as a visitor;
(b) with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings; or
(c) on temporary admission or temporary release (unless paragraph EX.1. applies).

E-LTRP.2.2. The applicant must not be in the UK in breach of immigration laws (disregarding any period of overstaying for a period of 28 days or less), unless paragraph EX.1. applie

kimken
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Post by kimken » Mon Feb 18, 2013 9:13 pm

Obie,
Thanks for the explanation. Now I understand what it mean. But still she cannot apply as a parent cos all of us are living together and not divorced.

majojo,
Thanks for your comment and listing the rule. I am glad to talk with someone on the same route! I went through those and she meets all criteria of D-LTRP.1.2. But I have a feeling that this isn't a straight forward case and might takes a long time.

Hope you will hear soon about your application, Good luck!!!

majojo
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kemkin

Post by majojo » Mon Feb 18, 2013 10:34 pm

nope its nt i booked an appointment went to one of the peo and the case worker scare the shit out of me. sayingi h ave to be here for 10 years n all but thats for long residency. but a senior case worker came to me later and said mine is not straight forward becasue even tho i meet the financial rquirement and i havent worked for more than 6 months thats why am applying for the flro so i should post it. so i have. i have received my acknowledgment letter. its exactly 1 month today since i got that letter and still havent received my letter for my biometrics. i called HO today and they told me that they issue bio metric letters based on the complexity of your case

kimken
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Post by kimken » Tue Feb 19, 2013 12:31 am

majojo,

In October 2012, I was told by immigration enquiry bureau that the bio is likely to take 3-4 months.... also I read in the other thread on this forum someone waiting the bio for more than 3 months....no good news.

I have one question for you. I believe you have ticked "Partner or parent on the 10 year family route" as a category you apply in section 3 of the application form.

How have you provided your partner's details in your application? I mean the section 2 is not relevant because your partner is not applying extension together with you and there is nowhere in the application form I can provide partner's information. I am assuming I have to leave the section 2 blank and provide partner's details in a separate letter. Is this what you did?

Obie
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Ireland

Post by Obie » Tue Feb 19, 2013 2:40 am

Kimken, i apologise for the misunderstanding on my part. I was meant to refer to Ex 1, which provides an exemption to the 18600 requirement, if you have a British child.

I apologise if it was not very clear. That exemption may enable her to avoid the financial requirement.

Yes you are right, she cannot apply as a parent, as you are together, but the exemption may assist, as your child is British.

The fact you are together, does not affect the applicability of EX1.

I believe i sent the wrong link by mistake.
Smooth seas do not make skilful sailors

majojo
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kimken

Post by majojo » Tue Feb 19, 2013 8:22 am

kimken wrote:majojo,

In October 2012, I was told by immigration enquiry bureau that the bio is likely to take 3-4 months.... also I read in the other thread on this forum someone waiting the bio for more than 3 months....no good news.

I have one question for you. I believe you have ticked "Partner or parent on the 10 year family route" as a category you apply in section 3 of the application form.

How have you provided your partner's details in your application? I mean the section 2 is not relevant because your partner is not applying extension together with you and there is nowhere in the application form I can provide partner's information. I am assuming I have to leave the section 2 blank and provide partner's details in a separate letter. Is this what you did?





well i wrote my reason for applying the letter she also wrote her reason. added her passport, abd all ither information/ marraige certificate. so am sure if they need any extra evidence i hope i can get it as i gave them all i have. 3=4 months. wwhy? is it because of the backlog?? but some people posted thiers in november for flrm and had it around january/ and i blv the same team handls both flrm and o. also i was told if some one is an overstayer thier application takes long or it doesnt relly matter?

naija99
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English Language Test

Post by naija99 » Mon Feb 25, 2013 11:34 pm

kimken & majojo - did either of you do the english language test? if so, which level?

majojo
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Re: English Language Test

Post by majojo » Wed Feb 27, 2013 6:09 pm

naija99 wrote:kimken & majojo - did either of you do the english language test? if so, which level?
hi i did not as i have a masters degree from my uk university so no need to take that

kimken
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Post by kimken » Sat Mar 02, 2013 4:53 am

My Mrs did ESOL skill for life A1 level at City&Guild... which is not listed on UKBA list...oh dear...

It was not a requirement for flr(o), 10 years family route as a partner so we did not send it in the end.

kimken
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Post by kimken » Sat Mar 02, 2013 4:56 am

Thanks for your comment Obie and mojojo.

In the end I went to a solicitor to review my application and sent it last week and got acknowledgement today. Fingers crossed!!!

majojo
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Post by majojo » Sat Mar 02, 2013 8:02 pm

kimken wrote:Thanks for your comment Obie and mojojo.

In the end I went to a solicitor to review my application and sent it last week and got acknowledgement today. Fingers crossed!!!
oo nice if i may ask can you share your story on what basis did you apply for flro was it prtner 1- years?

kimken
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Post by kimken » Fri Mar 08, 2013 3:00 am

hi majojo,

it was on a basis of family life as a partner 10 year route. My understanding is that she's got to renew her visa every 2.5 years for 10 years before applying ILR.

majojo
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kimkem

Post by majojo » Fri Mar 15, 2013 5:33 pm

hi kimkem i just received my bio-metrics letter today. i want to ask have you received yor visa yet?.
how long does it take to be delieverd. well also i kept calling ukba and just this tuesday i called and told them i have still not received my biometrics letter. then the customer service person told me that he is requesting it to be sent to me which was going to take 15 working days but i received it today....
do you think all iswell. keep me posted with yours as we seem to be in the same direction

kimken
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Post by kimken » Sat Mar 16, 2013 12:20 pm

Hi majojo,

That is a good news!

I have not yet got through the biometric yet as I only applied 3 weeks ago.

How long did it take to get through the biometric from the date you send the application?

majojo
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Post by majojo » Sat Mar 16, 2013 3:14 pm

kimken wrote:Hi majojo,

That is a good news!

I have not yet got through the biometric yet as I only applied 3 weeks ago.

How long did it take to get through the biometric from the date you send the application?
took about 2 months

kimken
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Post by kimken » Fri Mar 22, 2013 8:43 pm

majojo wrote:
kimken wrote:Hi majojo,

That is a good news!

I have not yet got through the biometric yet as I only applied 3 weeks ago.

How long did it take to get through the biometric from the date you send the application?
took about 2 months
Thanks. Hope to get it soon.

cutepanda
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Post by cutepanda » Sat Mar 30, 2013 12:36 am

I'm on the same case. HO saids FLR O average takes 6 months for assessing. I did my bio enrollment on 12th March.

majojo
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Post by majojo » Mon Apr 01, 2013 10:49 am

cutepanda wrote:I'm on the same case. HO saids FLR O average takes 6 months for assessing. I did my bio enrollment on 12th March.
i hop its true becasue on this forum people have applied since 2012 january but God will do it so fingers crossed

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Post by yahwadud » Mon Apr 01, 2013 2:44 pm

majojo wrote:
cutepanda wrote:I'm on the same case. HO saids FLR O average takes 6 months for assessing. I did my bio enrollment on 12th March.
i hop its true becasue on this forum people have applied since 2012 january but God will do it so fingers crossed
.yes is true.i applied since january 2012

majojo
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Post by majojo » Mon Apr 01, 2013 8:47 pm

yahwadud wrote:
majojo wrote:
cutepanda wrote:I'm on the same case. HO saids FLR O average takes 6 months for assessing. I did my bio enrollment on 12th March.
i hop its true becasue on this forum people have applied since 2012 january but God will do it so fingers crossed
.yes is true.i applied since january 2012
hi if u dnt mind me asking were u an over stayer? i geard those people are being kept on a long waiting list... have u dont ur biometrics.. do u mind telling me ur storry and time lines

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Post by yahwadud » Mon Apr 01, 2013 10:08 pm

majojo wrote:
yahwadud wrote:
majojo wrote:
cutepanda wrote:I'm on the same case. HO saids FLR O average takes 6 months for assessing. I did my bio enrollment on 12th March.
i hop its true becasue on this forum people have applied since 2012 january but God will do it so fingers crossed
.yes is true.i applied since january 2012
hi if u dnt mind me asking were u an over stayer? i geard those people are being kept on a long waiting list... have u dont ur biometrics.. do u mind telling me ur storry and time lines
.yes am an overstayer since 1997.my partner is a british,no kids bcos she is on medication.applied jan 2012,acknowledgement a week after,i dont need biometric as at that time.but my case is now been decided and am expecting the outcome this week.will keep you posted ok

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