Need help with FLR(M) visa timelines, etc.

Hi all,

I have successfully made my move to the UK, and DH and I just got married this past Saturday!  

I am getting ready to start the next visa process, but I have a question about timelines and such in order to decide how to proceed.

My plan was to apply for a name change on my passport, then submit the FLR(M) visa paperwork. However, time is growing short, and I want to make sure I apply for the visa before my time runs out. My fiance visa runs out on 15 March 2015. I have not sent in the paperwork for my passport name change yet, as I have been very busy and not at our flat this past week with my parents being here and all.
I read on the US Embassy/London website that it generally takes 4 weeks to process passport renewals, which actually doesn't leave me much of a window at all to apply for my visa, especially if it takes longer than 4 weeks to process my passport renewal. I am coming up to 6 weeks left to apply for my next visa. I plan to apply for my next visa by post, because I have heard that getting an in-person appointment can be quite tricky, and with the little amount of time I have left, I definitely don't want to leave it last minute. Cost is also an issue, we don't want to have to spend that extra money for an in-person appointment if at all possible.

I read on the FLR-M guidance notes from the UK.gov website:

"c) You must meet the immigration status requirement
You must not be in the UK as a visitor, or with leave for 6 months or less (unless you are here as a fiancé or proposed civil partner), or here with temporary admission. Your current stay in the United Kingdom must be lawful. You should not be here illegally or have remained here once your permission to stay has ended. We can however, overlook a period of up to 28 days where you have stayed here after your leave to remain ended."

Is this under special circumstances only? If I am allowed that bit of leeway there, then it makes sense to go ahead and apply for my passport renewal and get that out of the way now. But, if not, then I certainly don't want to overstay and have it impact my ability to get my next visa.

So, I really need some advice here. Should I forgo getting my passport renewed, and wait until I apply for my 2nd FLR? Does anyone here know if it really does take the whole 4 weeks for a passport renewal?

Also, some unrelated questions:
How far back does the proof of financial documents need to go back? I've seen some here say they've collected 6 months and some say 1 year.

As far as the proof of living together goes, we have:
~the tenancy agreement for our flat in both our names,
~we have correspondence from the hotel where we got married in both our names (contract),
~I have my HSBC bank statements sent to the flat (I set up an account in which DH deposits money into, so I have some spending cash, I DO NOT work, lol),
~I have some life insurance correspondence from the US which comes to the flat in my name.

Is this enough?

Thanks in advance!

I am coming up to 6 weeks left to apply for my next visa. I plan to apply for my next visa by post, because I have heard that getting an in-person appointment can be quite tricky, and with the little amount of time I have left, I definitely don't want to leave it last minute. Cost is also an issue, we don't want to have to spend that extra money for an in-person appointment if at all possible.

It used to be tricky to get an in-person appointment, but it isn’t anymore. What was happening before was that third party companies were buying up all the appointments and then selling them on at inflated prices, meaning no one else could get an appointment! However, UKVI put a stop to that more than a year ago and now it’s easy to get an appointment.

It’s up to you though, if you’d prefer not to spend the money and are happy to wait a few weeks, possibly up to a few months, for the FLR(M) by post (depending on processing times), then apply by post .

Is this under special circumstances only? If I am allowed that bit of leeway there, then it makes sense to go ahead and apply for my passport renewal and get that out of the way now. But, if not, then I certainly don't want to overstay and have it impact my ability to get my next visa.

Yes, I would say special circumstances, and are to be avoided if at all possible.

I wouldn’t say that a passport renewal is a good enough reason to become an illegal overstayer, when it could have easily been avoided and is not necessary for your FLR(M) application anyway. It’s perfectly fine to keep your passport in your maiden name and have your visa issued in your maiden name too. You can use your married name for everything else (just make sure you book travel in the name on your passport and visa).

You do NOT want to be in a position where you apply after your visa has expired – because your application will be considered outside the rules, since you will have applied as an illegal overstayer, and may take many more months to be processed and will be scrutinised much more. You would also not be allowed to apply in person for it either because your application will no longer be straightforward.

So, whatever you do, make sure your application has been posted (or you attend an in-person appointment) BEFORE your visa expires. That way, your fiancé visa status will simply be extended and your application will be processed under the regular rules, in the normal timeframe.

How far back does the proof of financial documents need to go back? I've seen some here say they've collected 6 months and some say 1 year.

You send the required amount of bank statements and payslips for the financial requirements category you are applying under. You MUST send the exact documents specified for that category (i.e. Category A requires exactly 6 months of statements, but Category B requires exactly 12 months of statements – no more and no less for either category).

They are exactly the same requirements as your fiancé visa, so whatever you sent for that one, you must also send for FLR(M).

As far as the proof of living together goes, we have:
~the tenancy agreement for our flat in both our names,
~we have correspondence from the hotel where we got married in both our names (contract),
~I have my HSBC bank statements sent to the flat (I set up an account in which DH deposits money into, so I have some spending cash, I DO NOT work, lol),
~I have some life insurance correspondence from the US which comes to the flat in my name.

Is this enough?

It’s way too much. Just send the tenancy agreement and nothing more.

All you need to show is that you have permission from the landlord to live there… and this is shown by having both names on the tenancy agreement.

_________________________________________________ _________

The documents required for FLR(M) are almost exactly the same as the documents required for the fiancé visa – the only difference is that you include your marriage certificate and update the other documents with the most recent versions you have.

Ok, great, thanks so much for the info.

I'm sure I read in the guidance notes that my partner can send in a copy of his passport this time instead of the actual passport. What are your thoughts about this? I don't think he will need his passport, but if a copy can be sent we could do that Just in case he does happen to need it.

Also, just to clarify, I have decided to forgo getting my passport renewed right now. So, when I apply for my visa, I will apply in the same name as what is currently on there, correct?

Thanks again

Ok, great, thanks so much for the info.

I'm sure I read in the guidance notes that my partner can send in a copy of his passport this time instead of the actual passport. What are your thoughts about this? I don't think he will need his passport, but if a copy can be sent we could do that Just in case he does happen to need it.

Also, just to clarify, I have decided to forgo getting my passport renewed right now. So, when I apply for my visa, I will apply in the same name as what is currently on there, correct?

Thanks again

A photocopy of the passport is fine.  I believe it needs to be every single page though (including blank pages).

Yes, you always apply using the name in your passport.

I changed the name in my passport (from the US, admittedly) and it took pretty much exactly 4 weeks for the new one to arrive.  There was a fast-track service available for an extra fee.  Not sure if that is offered to overseas applicants, though.  I think you've made the right decision to wait.  Just use your marriage certificate to change your name on everything else and then worry about changing your name in your passport just before you apply for your second FLR.  Good luck and congratulations on your marriage!

Ty all! Very helpful info