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Topic: FLR now or after married? etc.  (Read 1117 times)

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FLR now or after married? etc.
« on: April 02, 2004, 01:39:55 PM »
I've posted a couple questions about my visa situation and am planning on phoning the Home Office to see what they say, but would love as much advice anyone can offer... some of this may be repeat for those of you who've seen my other posts, but there are some new details I promise!  ;D

I came to the UK in 2000 on a student visa which expires on 31 Oct 2004. I've been living with my BF since May 2002 and we are getting married 23 Oct 2004 in the UK. We thought we'd apply for the FLR in June so we could make sure we had our passports back before the wedding.

My first question is, if we get the FLR by applying in June, do we need to do anything after we get married?

Second, because we are marrying so close to my student visa expiring, I assume I have to get the FLR before the first visa expires, right? Or could I return to the States before 31 Oct and get the spouse visa in the States. Does the BF have to be with me to do that?

Third, my BF is a student on a £12,000 p.a. (tax free) studentship. He also has about £7000 in savings which is ear-marked for the wedding. Needless to say, it will be gone by late October but we have it now! I have no savings. How does the HO determine financial self-sufficiency? We can live on what he gets but it would be damn hard. I'm allowed to work now on my student visa but understand that I could lose that with the FLR visa but not with a spouse visa. I'm so confused!

We don't have much option of sponsorship. BF's parents are pensioners. One of his brothers is a possibility but remote.

I think I'm going to go call the HO now but if I haven't confused the heck out of everyone, I look forward to you advice and support!



???
When I was 5 years old, my mother always told me that happiness was the key to life. When I went to school, they asked me what I wanted to be when I grew up. I wrote down ‘happy’. They told me I didn’t understand the assignment, and I told them they didn’t understand life. ~ John Lennon


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Re: FLR now or after married? etc.
« Reply #1 on: April 02, 2004, 02:17:24 PM »
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I came to the UK in 2000 on a student visa which expires on 31 Oct 2004. I've been living with my BF since May 2002 and we are getting married 23 Oct 2004 in the UK. We thought we'd apply for the FLR in June so we could make sure we had our passports back before the wedding.

My first question is, if we get the FLR by applying in June, do we need to do anything after we get married?


No.  You would simply apply for ILR in the month before the expiry of the FLR, which is good for 2 years.  At that point you would show the Home Office the proof of your marriage, if they even asked for it.

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Second, because we are marrying so close to my student visa expiring, I assume I have to get the FLR before the first visa expires, right? Or could I return to the States before 31 Oct and get the spouse visa in the States. Does the BF have to be with me to do that?


Not sure I understand the question here.  If you are applying for FLR in June, you don't need a Spouse Visa.  If you don't apply for FLR in June and are marrying in the UK before your student visa expires, you should be able to apply for FLR within the UK right after your marriage.  (That's based on the fact that your student visa was obviously for longer than 6 months.)  And in that case I would suggest doing it at the Home Office in person - it costs a little more but it's same day and that way you can address any questions they might have about the situation right there.

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Third, my BF is a student on a £12,000 p.a. (tax free) studentship. He also has about £7000 in savings which is ear-marked for the wedding. Needless to say, it will be gone by late October but we have it now! I have no savings. How does the HO determine financial self-sufficiency? We can live on what he gets but it would be damn hard. I'm allowed to work now on my student visa but understand that I could lose that with the FLR visa but not with a spouse visa. I'm so confused!


You can work on FLR - what information made you think you couldn't?  FLR and Spouse Visa are the same thing - FLR is obtained within the UK and Spouse Visa is obtained in the US prior to entering the UK.  They are both based on Marriage and they are both good for 2 years.  They both allow you to work.  So you should have no problems as far as the money situation, as on a student visa you can only work 20 hours per week, but FLR will allow you to work without restriction as to hours.

I hope that clears some things up!  ;D
"Beer is proof that God loves us and wants us to be happy."

- Benjamin Franklin


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Re: FLR now or after married? etc.
« Reply #2 on: April 02, 2004, 02:56:29 PM »
Thanks, that does clear some things up! I believe I was mixing up fiancee visa and FLM regarding work but I'm not sure!

I think what's primarily confusing me now is that my FLR form says that if I have filled out all of sec 6 (which you do if you don't have a fiancee visa) then you must provide proof as an umarried partner that you will not need public funds. I don't have a job now but hope to in the next few weeks. Will Glenn's studentship and savings be adequate for the HO plus whatever part time work I am currently doing? Do we have to prove we have the funds for the full 2 years of the FLR? Does the HO take into account your debts or just your income?

Thanks for the help! I'm getting there!   ;D
When I was 5 years old, my mother always told me that happiness was the key to life. When I went to school, they asked me what I wanted to be when I grew up. I wrote down ‘happy’. They told me I didn’t understand the assignment, and I told them they didn’t understand life. ~ John Lennon


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Re: FLR now or after married? etc.
« Reply #3 on: April 02, 2004, 03:14:58 PM »
Quote
Will Glenn's studentship and savings be adequate for the HO plus whatever part time work I am currently doing? Do we have to prove we have the funds for the full 2 years of the FLR? Does the HO take into account your debts or just your income?


They go on the letter from the sponsor's employer (which will be his supervisor at the university, or whomever administers his stipend) and your bank statements.  They don't ask about debts at all.

Basically, they're just making sure that you'll both make enough to survive and not become a burden on society.  There's no magic number, but as long as you can prove that you can support yourselves, you should be fine.


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Re: FLR now or after married? etc.
« Reply #4 on: April 02, 2004, 03:21:54 PM »
;D

Ahhhh!!! Thanks you two, I'm feling MUCH better now!
When I was 5 years old, my mother always told me that happiness was the key to life. When I went to school, they asked me what I wanted to be when I grew up. I wrote down ‘happy’. They told me I didn’t understand the assignment, and I told them they didn’t understand life. ~ John Lennon


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Re: FLR now or after married? etc.
« Reply #5 on: April 02, 2004, 03:54:35 PM »
I think the fact that you'll be able to show them you've lived together for the past 2 years without any financial difficulties (save most likely the little hiccups we all experience from one month to the next!) will make things easier than for most.
"Beer is proof that God loves us and wants us to be happy."

- Benjamin Franklin


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