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Topic: Researching FLR(M), Need clarity on specificities please!  (Read 231 times)

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Researching FLR(M), Need clarity on specificities please!
« on: February 06, 2020, 05:36:39 PM »
Hi all, Here's my situation: I have done some of this research already, but its so confusing and unclear, so the opinions here would really help!

My Visa: Tier five Religious Worker, ends July 31, 2021. Doing work in a church in Dundee. I am locked into this work as long as I am on my visa - cant quit, as will terminate reason for visa. I have been here since Aug 02, 2019.

Her Work: British Citizen working in church in Edinburgh. Flexible work- can quit if necessary, but not our desire. She has a loose agreement to continue until Summer 2021, but further employment seems likely.

Our desire: Get married asap - before visa expires, and transfer to FLR(M), with her as sponsor.

The nature of our work is such that neither of us make 18,600 on our own and we live in different cities. A few questions:

First one is simple: Can I switch from Tier Five Religious Workers Visa to a FLR(M)?

This (old and random) forum says I can switch:
https://www.expatforum.com/expats/britain-expat-forum-expats-living-uk/1370058-switching-tier-5-spouse-visa.html

1. Does the financial requirement apply SOLELY to her as sponsor, or am I also able to contribute? Since I would remain in the country and we would be married before my visa expires, my research leads me to lean towards the idea that we can both contribute income to make the financial requirement of 18,600. Is that fair?

This leads me to believe it is combined income:
https://www.gov.uk/uk-family-visa/proof-income

2. After are married, she would move to Dundee, at least until my two year work commitment is done in Dundee, before we hope to resettle in Edinburgh. Will we have difficulty with the paperwork with all the moving around, or will it be OK as long as we are living at the same location?

I know we will need to show income for past six months-does change of address complicate things, or will it just be irrelevant to the application?

3. I am quite confused on the timeline for a FLR(M). Can we (theoretically) get married and submit FLR(M) as little as weeks before my tier five visa expires, or is there a longer buffer period necessary? [ I ask because ideally, we could minimise the time we are in Dundee, and she could continue working in Edinburgh commuting from Dundee]

The gov website says
"When you can apply to extend or switch:
You can extend or switch at any time before your current permission to stay in the UK expires." Would that an application can go in anytime as long as it is before visa expires?
https://www.gov.uk/uk-family-visa

Thank you all. Any citing or links from the gov directly would be very helpful, as, in classic relationship style, we are finding differences and bickering over them, haha!

[I have more technical questions down the road (such as what category my income counts as on the form, since I work for a charity) but this is helpful for now!]

Really appreciate the help in advance!




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Re: Researching FLR(M), Need clarity on specificities please!
« Reply #1 on: February 06, 2020, 06:07:55 PM »
First one is simple: Can I switch from Tier Five Religious Workers Visa to a FLR(M)?

I think you can, as the Appendix FM rules say you cannot apply if you are a visitor or on a visa valid less than 6 months (except a fiancé visa), so I assume that means you can.

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1. Does the financial requirement apply SOLELY to her as sponsor, or am I also able to contribute? Since I would remain in the country and we would be married before my visa expires, my research leads me to lean towards the idea that we can both contribute income to make the financial requirement of 18,600. Is that fair?

If you are currently living in the UK on a visa that allows work, then you can combine your income with hers to meet the requirement.

Quote
2. After are married, she would move to Dundee, at least until my two year work commitment is done in Dundee, before we hope to resettle in Edinburgh. Will we have difficulty with the paperwork with all the moving around, or will it be OK as long as we are living at the same location?

Nope, you just need to prove you were living at the same address as each other for the whole time. It doesn’t matter how many addresses you have lived at.

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I know we will need to show income for past six months-does change of address complicate things, or will it just be irrelevant to the application?

Nope, it’s irrelevant. What you need to prove is that your income was paid into a bank account in your name(s).

Quote
3. I am quite confused on the timeline for a FLR(M). Can we (theoretically) get married and submit FLR(M) as little as weeks before my tier five visa expires, or is there a longer buffer period necessary? [ I ask because ideally, we could minimise the time we are in Dundee, and she could continue working in Edinburgh commuting from Dundee]

No buffer period. You can submit the application as soon as you are married, you have your marriage certificate, and have all the documents ready.

You do want to make sure you have done your research and are completely ready to apply, with all the documents in hand before you submit the online application.

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Thank you all. Any citing or links from the gov directly would be very helpful, as, in classic relationship style, we are finding differences and bickering over them, haha!

You’ve basically already answered all your own questions and provided the links yourself.

Quote
[I have more technical questions down the road (such as what category my income counts as on the form, since I work for a charity) but this is helpful for now!]

I believe your only option will be:
- Employment Income (Category A or B depending on how long you have earned the income)

The other options are:
- Non-Employment Income
- Cash Savings
- Pension Income
- Self-Employment Income
But I don’t think any of those will apply to you as you are employed by the charity



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