I did warn her that there is a small chance that the home office could look at this as trying to circumvent the more expensive original spousal visa, but that I have seen people successfully switch. They've engaged a lawyer, but I've been making sure to offer any help I can. Can anyone confirm that they should be going for FLR(m)? I think that is what they need and its what the lawyer sent her.
Yes, they should be going for FLR(M). The Home Office won't look at this as trying to circumvent anything, because there is nothing to circumvent - thousands of people switch every year (54,251 FLR(M) partner applications were made in 2022, with an approval rate of 98.5%, as per the 2022 statistics) as it's the only way to apply from inside the UK.
The 'spousal visa' is for people who do not already live in the UK, and therefore have to apply for entry clearance to move here. Your friend's husband has already been granted entry clearance to live in the UK (the Youth Mobility visa) and so they do not need a spousal visa.
Instead they need to apply for FLR(M) in order to switch into the spousal visa path from within the UK.
There is no reason for them to need a lawyer to help them, unless they have serious reasons why they think the visa will be refused, such as:
- serious criminal convictions
- previous refused visas or refused entry to the UK
- previous illegal working or overstaying in the UK
OR
- they do not meet the financial requirements for FLR(M)
Also, there are many people here on the forum who have been given bad advice by lawyers who didn't know what they were talking about, which, had the advice been taken, could have resulted in a visa refusal.
1. Passport bio-data page of the Applicant’s passport; Received
2. Sponsor’s passport- bio-data page; Received
Every single page of each passport must be scanned and uploaded,. not just the bio-data page
4. A supporting letter confirming your immigration history. You can add anything.
5. A similar letter from your Sponsor confirming your relationship- please make sure that all statements are signed and dated;
Not required.
If they need to though, they can include a basic cover letter, explaining anything unusual about their application documents... for example, if they don't have enough mail for the cohabitation requirement.
6. Supporting statements from friends in the UK confirming how long you have been in the UK and that you have integrated into society etc. They can add anything additional in their statements. Please provide ID copies for each personal statement;
Not required. These cannot be considered and will be ignored.
7. A selection of photographs of you and your sponsor;
Not required for in-country applications, though they can include maybe 1 photo from early in the relationship and one from their wedding, if they want to.
10. Evidence of accommodation in the UK- Proof of address for Applicant and Sponsor ( 6 items each if possible )
Not quite.
They need:
Proof of Accommodation- her parents' Land Registry document
- her parents' latest mortgage statement (if they have a mortgage)
- her parents' latest council tax bill
- a letter from her parents giving them permission to live there and stating the home is not overcrowded.
Proof of Cohabitation- 6 items of mail in each name, covering the length of time they have lived together in the UK up to a max of 2 years, ideally evenly-spread over that period of time
If they did not live together before they married (or didn't live together when he first came to the UK), then they also need to provide some evidence of their relationship before the marriage... for example, screenshots of message/email/call logs, trips to visit each other if they lived in different areas etc.
11. Bank statements and wage slips for the last 12 months;
12. Employers letter confirming start date of employment, salary and whether the job is permanent or temporary;
It depends what financial requirement category they are applying under as to how many months of pay slips and bank statements are required.
For Category A, it's 6 months (they've been with current employer, earning at least £18,600, for at least 6 months)
For Category B, it's 12 months they've been with current employer, earning at least £18,600, for LESS THAN 6 months, but they have also earned at least £18,600 in total in the last 12 months)
They also need:
- letter from employer
- latest P60
- original job contract
13. Signed letter of authority (attached);
Not sure what this is.
14. Any other relevant letter or document you think is useful;
Bad advice - only the required documents should be sent.
Number 6 seems especially weird as I've only heard of this kind of thing being needed for citizenship. Has this been added for FLR?
No, it's never been needed for any visa, or for citizenship. Letters from anyone other than the sponsor cannot be considered and will not be looked at.
Number 10 seems to be combining the proof of accommodation with the evidence of cohabitation. Should these still be separate? They are living with her parents, so I would have expected they need to provide the same things I had to (proof in-laws own the house and that there isn't over crowding and letter from the in-laws stating they are allowed to live there).
They all come under the same upload section on the UKVCAS website, but they are essentially 2 separate requirements.
If so, how should they spread out their 6 pieces of mail for cohabitation? He has been here since December 2021 but they only got married Jan 2023.
The mail needs to cover the entire length of time they have lived together, ideally evenly-spaced, but if they haven't lived together for long, they can just provide whatever they have gathered in that time. If they don't have 6 items each or they are not evenly-spaced, they can just include a letter of explanation.
