Hello
Guest

Sponsored Links


Topic: Switching visa schemes  (Read 1316 times)

0 Members and 1 Guest are viewing this topic.

  • *
  • Posts: 586

  • Liked: 56
  • Joined: Jun 2014
Switching visa schemes
« on: April 30, 2023, 10:38:58 AM »
Hi all.

I was hoping to get some help for my sister in law as hers is a different situation that mine was. She is the British citizenship. Her husband is Canadian. He is currently living in the UK on a Youth Mobility Visa to see if he liked it here and they got married here halfway through it. They are now looking to switch him to a spousal visa before his expires in December.

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.

But she's also sent me the list of things that the lawyer has asked for and some seem confusing. So I was hoping I could get some feed back as the requirements may have changed since I did it in 2017.

1.  Passport bio-data page of the Applicant’s passport; Received
  2.  Sponsor’s passport- bio-data page; Received
  3.  BRP Card;
  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;
  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;
  7.  A selection of photographs of you and your sponsor;
  8.  Divorce certificate, if applicable;
  9.  Marriage Certificate;
  10. Evidence of accommodation in the UK- Proof of address for Applicant and Sponsor ( 6 items each if possible )
  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;
  13. Signed letter of authority (attached);
  14. Any other relevant letter or document you think is useful;


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?
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).
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.
Engaged: June 2014
Married: July 30 2014
Visa Application Received in UK: Nov. 27 2014
Visa granted: Dec 12 2014
Moves to UK: Jan 30th 2015


  • *
  • *
  • *
  • Posts: 26886

  • Liked: 3600
  • Joined: Jan 2007
Re: Switching visa schemes
« Reply #1 on: April 30, 2023, 11:07:56 AM »
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.

Quote
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

Quote
  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.

Quote
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.

Quote
  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.

 
Quote
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.

Quote
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

Quote
  13. Signed letter of authority (attached);

Not sure what this is.

Quote
  14. Any other relevant letter or document you think is useful;

Bad advice - only the required documents should be sent.

Quote
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.

Quote
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.

Quote
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.
« Last Edit: April 30, 2023, 11:25:03 AM by ksand24 »


  • *
  • *
  • *
  • Posts: 26886

  • Liked: 3600
  • Joined: Jan 2007
Re: Switching visa schemes
« Reply #2 on: April 30, 2023, 11:15:56 AM »
The documents they should actually be including (divided into the relevant upload sections) are:

Proof of Application
- applicant's Canadian passport (every page)
- signed sponsor declaration (part of the online application)
- Consent to Checks form Part 1 - signed by applicant (part of the online application)
- Consent to Checks form Part 2 - signed by sponsor (part of the online application)

Proof of Identity/Travel History
- sponsor's UK passport (every page)
- applicant's BRP card

Finances
Category A
- 6 full months of payslips showing at least £1550 before tax on each one (7 months are usually sent to make sure every day of the 6 months is covered). The latest must be dated no more than 28 days before the online application date.
- 6 full months of payslips showing deposit of every payslip (7 months are usually sent to make sure every day of the 6 months is covered) he latest must be dated no more than 28 days before the online application date.
- letter from employer dated no more than 28 days before the online application date stating ALL of the following:
i) employment details and salary
ii) length of employment
iii) length of time earning current salary
iv) type of employment
- latest P60
- original job contract

OR

Category B
- 12 full months of payslips showing a total of £18,600 earned before tax (13 months are usually sent to make sure every day of the 6 months is covered). The latest must be dated no more than 28 days before the online application date.
- 12 full months of payslips showing deposit of every payslip (13 months are usually sent to make sure every day of the 6 months is covered) he latest must be dated no more than 28 days before the online application date.
- letter from employer dated no more than 28 days before the online application date stating ALL of the following:
i) employment details and salary
ii) length of employment
iii) length of time earning current salary
iv) type of employment
- latest P60
- original job contract

Residence in the UK
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

Other
- marriage certificate
- any divorce decrees
- evidence of the relationship if they did not live together before marrying/him moving to the UK (i.e. 2 photos, letters/cards sent to each other, screenshots of call/email/message logs)


  • *
  • Posts: 586

  • Liked: 56
  • Joined: Jun 2014
Re: Switching visa schemes
« Reply #3 on: April 30, 2023, 11:49:31 AM »
Thank you so much Ksand24. You are always a life saver. I've sent her your replies and have also suggested she read the guidance fully as I don't know if the lawyer sent it to her. I've tried to find it online myself. Is this still the appropriate one to use:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/376014/FLR_M__guidance_notes_11-14.pdf#:~:text=If%20you%20are%20applying%20for%20an%20extension%20of,in%20more%20detail%20in%20a%20letter%20if%20necessary.

For my question about number 6 and citizenship, I just meant that I thought anything like that was needed. I was just comparing it to the references. But it just seemed weird for the lawyer to ask them for that. So thank you for clearing that up for me.
Engaged: June 2014
Married: July 30 2014
Visa Application Received in UK: Nov. 27 2014
Visa granted: Dec 12 2014
Moves to UK: Jan 30th 2015


  • *
  • *
  • *
  • Posts: 26886

  • Liked: 3600
  • Joined: Jan 2007
Re: Switching visa schemes
« Reply #4 on: April 30, 2023, 12:46:49 PM »
Thank you so much Ksand24. You are always a life saver. I've sent her your replies and have also suggested she read the guidance fully as I don't know if the lawyer sent it to her. I've tried to find it online myself. Is this still the appropriate one to use:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/376014/FLR_M__guidance_notes_11-14.pdf#:~:text=If%20you%20are%20applying%20for%20an%20extension%20of,in%20more%20detail%20in%20a%20letter%20if%20necessary.

That link isn't particularly helpful as it doesn't actually tell you how to meet the requirements or what documents to include - it basically just describes how to submit the actual application.

I would send her the following links:

Appendix FM 1.7 (how to meet the financial requirement):
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1039148/1.7_-_Financial_requirement.pdf

Appendix FM-SE (specified evidence required for the application):
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

Plus the general guidance for applying for a partner visa:
https://www.gov.uk/uk-family-visa/partner-spouse

Quote
For my question about number 6 and citizenship, I just meant that I thought anything like that was needed. I was just comparing it to the references. But it just seemed weird for the lawyer to ask them for that. So thank you for clearing that up for me.

Yeah, the references for citizenship are simply to confirm the applicant's identity (photo) and that the information given in the application is all correct.

UK visas (spousal, FLR(M), ILR) etc. don't need anything like that... but what the lawyer was asking for was letters from family or friends giving character references to supposedly prove that the applicant is a nice person who deserves to be allowed to stay in the UK because of their personal story... which is not something that is allowed to be considered as part of the application.

The FLR(M) is a tick-box application: if your friend's husband's documents tick all the boxes, the visa will be granted. There is no tick box for personal stories or letters from family/friends, so they won't make any difference at all... which means including them is rather pointless, and they would just clutter the application... possibly causing the case officer to miss the important documents that do have tick boxes.


  • *
  • Posts: 586

  • Liked: 56
  • Joined: Jun 2014
Re: Switching visa schemes
« Reply #5 on: April 30, 2023, 01:33:43 PM »
Thanks so much for all your help!
Engaged: June 2014
Married: July 30 2014
Visa Application Received in UK: Nov. 27 2014
Visa granted: Dec 12 2014
Moves to UK: Jan 30th 2015


Sponsored Links