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Topic: FLR(M) Application Questions  (Read 1016 times)

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FLR(M) Application Questions
« on: June 08, 2023, 06:25:14 PM »
Hi,

I’m a British citizen looking to sponsor my Canadian spouse, we have a drafted application from our solicitor and have some questions. To give a bit of background, we met online when we were teenagers and lost contact. We got back in touch in 2015 and started a long distance relationship until 2018 when I moved to Canada. We stayed with his parents and I got permanent residency over there. His relations with his parents broke down and we made a plan to sneak out of the country to the UK where my parents could support us till we can get back on our feet. Moving out and renting in Canada wasn't an option due to how expensive it is and I couldn't seem to get a job there.
We arrived in the UK at the end of 2021 with him being on a youth mobility visa and are now living with my parents. We both have jobs now and we got married this year.

1. The application asks for reasons why he can’t go back to Canada. Would it be enough to explain that he is estranged from his parents and he won’t have support from them? Or would we need to go into detail why they are estranged?

2. Since I have permanent residency in Canada, would this increase the chances of rejection because I can technically go back to Canada with him? We wouldn’t have any support to live there and would struggle financially so it is not an option to go back there.

3. We first met online when we were teenagers and don’t remember the date. Would it be acceptable to explain this in a cover letter? We also don’t know what to put for the date we met, although we might be able to put a rough year estimate.

4. We have put this in a cover letter already, but if you have been known by different names, including a nickname, should you include this?

5. I have an undiagnosed medical condition that I’m taking cardiac medication for, do I need to disclose this under medical assistance?

6. Would you need to cover any speeding/red light tickets if you didn’t get a penalty for it?

7. The application asks for the start date of your current visa. The entry clearance date and date on the BRP card are different. Would you use the date on the entry clearance?

8. Towards the end of the application, it asks if there are any other reasons to stay in the UK. Would it be worth explaining the issues with his estranged parents here?

9. Do letters need to be dated 28 days before submitting the application online or 28 days before the sopra/biometrics appointment?

Thanks in advance


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Re: FLR(M) Application Questions
« Reply #1 on: June 08, 2023, 07:10:52 PM »
Welcome to the forum :).

1. The application asks for reasons why he can’t go back to Canada. Would it be enough to explain that he is estranged from his parents and he won’t have support from them? Or would we need to go into detail why they are estranged?

Your answer to this question is only looked at in the situation where the visa falls for refusal and they have to decide whether or not your spouse would qualify to stay in the UK outside the immigration rules under Article 8: Right to Family Life in the UK. So, they ask this question to find out whether or not there is any legal or life-threatening reason why he could not go back to live in Canada, or any other country in the world.

The types of reasons they are looking for are things like:
- He cannot return because his life will be in danger due to things like: war, terrorism, famine, natural disasters
- You would not be able to move back with him because you are permanently banned from entering Canada
- Neither of you would be able to qualify for a visa to live in any other country in the world

I suppose you could mention that he is estranged from his parents and won't have a support system, but it may not be considered a serious enough reason for him not being able to return to Canada... and he could always get a visa for a different country instead

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2. Since I have permanent residency in Canada, would this increase the chances of rejection because I can technically go back to Canada with him? We wouldn’t have any support to live there and would struggle financially so it is not an option to go back there.

No, it wouldn't.

As with the question above, this would only be considered in the case that you don't meet the visa requirements in the first place... so your residency status in Canada would only come into play if the visa was going to be refused anyway, but they have to decide if he has a claim to Family Life with you in the UK, and whether he qualifies for leave under the 10-year route instead.

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3. We first met online when we were teenagers and don’t remember the date. Would it be acceptable to explain this in a cover letter? We also don’t know what to put for the date we met, although we might be able to put a rough year estimate.

Personally, I would put the date you first met in person, not the date you met online.

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4. We have put this in a cover letter already, but if you have been known by different names, including a nickname, should you include this?

You don't usually need to include a cover letter at all, unless you have to explain why you aren't able to include any of the requirement documents, or the applicant has criminal convictions.

The online application will normally ask for any previous names if they are needed. If the application doesn't ask, I don't think it needs to be mentioned.

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5. I have an undiagnosed medical condition that I’m taking cardiac medication for, do I need to disclose this under medical assistance?

No, because you're British and you are entitled to 'free' NHS healthcare.

They only need to know if the applicant has used the NHS, because they need to make sure he has paid any outstanding NHS bills he might have... this is because if he has more than £500 in unpaid NHS debt, the visa will be refused.

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6. Would you need to cover any speeding/red light tickets if you didn’t get a penalty for it?

Technically, I don't think they HAVE to be included, but we usually recommend listing any tickets the applicant has received, just to show you are being honest and transparent.

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7. The application asks for the start date of your current visa. The entry clearance date and date on the BRP card are different. Would you use the date on the entry clearance?

The date on the BRP is the official start date of the visa.

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8. Towards the end of the application, it asks if there are any other reasons to stay in the UK. Would it be worth explaining the issues with his estranged parents here?

I think this one is more asking about what ties you have to the UK that you need to stay here for... for example, if you have British kids living in the UK, or elderly parents/disabled family members here that you have to take care of, or you have a stable job/skills in the UK which you can't easily transfer to another country.

Again, this question is only considered if the visa falls for refusal, and usually, they only thing they will look as is whether he has any British citizen children living in the UK, whose lives would be seriously disrupted if he had to return to Canada (or if they had to move to Canada with him).

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9. Do letters need to be dated 28 days before submitting the application online or 28 days before the sopra/biometrics appointment?

It's 28 days before submitting the online application.

The only documents that must meet the 28-day requirement are the financial documents, namely:
- latest payslip
- latest bank statement
- employer letter


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Re: FLR(M) Application Questions
« Reply #2 on: June 08, 2023, 10:11:03 PM »
Thank you so much! That's very helpful  :)


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