FLR(M) Application from my Australian wife.......

[davesharpe]

Hi Guys

We recently got married (after waiting for our COA for too many months!) - and have our FLR(M) interview at the end of January 2011. I just read a topic where somebody in a similiar position was refused!

Currently my partner is on the Tier 5 visa - it expires in May 2011, I have read and re-read the home office guidance and cannot find a reason why they would refuse?

Thanks for any advice,

Dave

[vinny]

I just read a topic where somebody in a similiar position was refused!

I don't think that it was a correct refusal.

Don't forget about the English language test.

[davesharpe]

Vinny,

Yeah thats the post I have read, thanks for linking to it.

The English test - this applies to my wife? Seems like it does.

And she needs it before our interview with the home office in Glasgow? which is already booked? Is it time to panic yet?

Just thought of some possible relevant information!

She studied this at University: Bachelor of Applied Science (Medical Radiation Sciences) Diagnostic Radiography at University of Sydney

Is this relevant?

Thanks,
Dave

[davesharpe]

Okay so I have just read the UKBA guidance PDF on the new requirement...

& found this

The new English requirement does not apply to the following groups of
applicants:
• spouse or partner of Tier 1 and Tier 2 visa applicants
• spouse or partner of a student
• visitors
• refugees or spouses of refugees applying on the basis of family reunion
• dependent children
• spouse or partner of an EEA national
• spouse or partner of a member of the armed forces applying under Part
7 of the Immigration Rules applicants for indefinite leave to remain

I was born in the UK, and have lived here all my life. So she is exempt? *Wipes brow*

[geriatrix]

I was born in the UK, and have lived here all my life. So she is exempt?

No.


regards

[davesharpe]

Sorry to ask, but I cannot find out why she would not be exempt is there any chance you could elaborate?

Thanks
Dave

[vinny]

"EEA national" has the meaning given in regulation 2(1) of the 2006 EEA Regulations.

where

“EEA nationalâ€

[Casa]

Does she have a Batchelor's degree? If so she is exempt from the A1 test.

[ElenaW]

Am I missing something here? The partner is Australian right? So exempt just based on that.

[vinny]

Oops. Yes.

What is a majority English-speaking country?

If you are a national of a majority English-speaking country, you meet the English language requirement automatically. You do not need to take a test.

For this purpose, we consider that the following countries are majority English-speaking countries:

* Antigua and Barbuda
* Australia

Well spotted, ElenaW!

[Casa]

I missed it too!

[davesharpe]

Well, I finally went to the horses mouth and read the home office documentation - and it confirmed the quote above, thanks!

This section is the last which confuses me:

Code: Select all

(i) the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, other than where as a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion in accordance with these Rules, unless the leave in question is limited leave to enter as a fiance or proposed civil partner or unless the leave in question was granted to the applicant as the spouse, civil partner, unmarried or same-sex partner of a Tier 1 Migrant and that spouse or partner is the same person in relation to whom the applicant is applying for an extension of stay under this rule; and

We both now think this means that she must have had a 6 month or greater VISA upon point of entry into the UK. E.G She didnt come here just to get married and flout the system

Is this correct?

Thanks,
Dave

[vinny]

It's to prevent visitors or those who had been admitted for six months or less from switching to spouse status.

[davesharpe]

Awesome!

Well after some initial worries - it seems fairly cut & cry. The only thing up for debate is whether or not we can prove that I can support her I suppose.

Haven't read about a case online about someone being refused under those grounds,

Cheers for the help!
Dave

[Casa]

Refusals due to insufficient finance are probably the most common.
As a general rule, you need to prove that you will have a minimum of £102.75 remaining weekly after rent or mortgage, council tax and any loan repayments have been made.

[ElenaW]

Refusals due to insufficient finance are probably the most common.
As a general rule, you need to prove that you will have a minimum of £102.75 remaining weekly after rent or mortgage, council tax and any loan repayments have been made.

Yeah like Casa says, that's one of the most important things. So don't apply until you know you're making atleast the amount casa has stated otherwise it's a good chance you'll be refused.

[nessQ]

Hi there,

Just wanted to let you know that I had my interview at the Croydon PEO yesterday and my visa was approved! I was really worried about getting rejected because of the other post on the board, but much to my relief I was not.

I do think they had to double check the rules when it came to switching from the Tier 5/YMS. I could tell that my case worker wasn't sure at first and then went to consult her co-worker (I could see her pointing at my tier 5 visa in my passport) and he didn't seem to be totally sure either (which was a tense moment as you could imagine) but in the end it looked like they made some calls and I was granted the FLR(m)!

Hopefully this gives you some peace of mind as I know I was a basket case before my appointment!