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Topic: Help with my next visa? Work Visa vs FLR(M)?  (Read 2260 times)

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Re: Help with my next visa? Work Visa vs FLR(M)?
« Reply #15 on: February 16, 2021, 12:03:40 PM »
I've started filling out my application online.  It's asking if I have a national identity card from the States.
I understand it isn't asking about driving licenses, but is it referring to social security cards?  If so, I don't actually have that card with me.


And what do I put for "What UK visa, entry clearance or grant of leave do you have?"
« Last Edit: February 16, 2021, 12:06:39 PM by NCsandHert »


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Re: Help with my next visa? Work Visa vs FLR(M)?
« Reply #16 on: February 16, 2021, 12:18:15 PM »
I've started filling out my application online.  It's asking if I have a national identity card from the States.
I understand it isn't asking about driving licenses, but is it referring to social security cards?  If so, I don't actually have that card with me.

The US does not issue National Identity Cards, so you answer No to this question.

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And what do I put for "What UK visa, entry clearance or grant of leave do you have?"

If it’s asking you to write it in, you put something along the lines of:

“Settlement visa as the Spouse (or you can put Partner) of a UK citizen”

If it asks you to select the visa type, you select Family.


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Re: Help with my next visa? Work Visa vs FLR(M)?
« Reply #17 on: February 16, 2021, 12:20:37 PM »
Thanks again, and you already answered my next question!

Although why would I select family on the options given if I stated it was settlement visa in the part where I write in?


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Help with my next visa? Work Visa vs FLR(M)?
« Reply #18 on: February 16, 2021, 12:26:22 PM »
Thanks again, and you already answered my next question!

Although why would I select family on the options given if I stated it was settlement visa in the part where I write in?
Well, what you have is a Family Settlement visa... it’s a Family visa that will eventually lead to Settlement (ILR).

So technically, both Family and Settlement are correct for that question because they are the same thing (I have no idea why they have both options)!

However, most people on the forum have put Family rather than Settlement, so that’s what we tend to recommend... I think mainly so there’s no confusion with ILR.


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Re: Help with my next visa? Work Visa vs FLR(M)?
« Reply #19 on: February 16, 2021, 12:27:44 PM »
Well, what you have is a Family Settlement visa... it’s a Family visa that will eventually lead to Settlement (ILR).

So technically, both Family and Settlement are correct for that question because they are the same thing (I have no idea why they have both options)!

However, most people on the forum have put Family rather than Settlement, so that’s what we tend to recommend... I think mainly so there’s no confusion with ILR.


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Understood!  Will listen to the gurus  ;)


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Re: Help with my next visa? Work Visa vs FLR(M)?
« Reply #20 on: February 16, 2021, 01:11:26 PM »
Trying to complete as much on my own and ask mutliple questions in fewer posts:
1) Details of time spent out of the UK
- Am I correct to include holidays to Spain (honeymoon, etc.) and back home in the US?
- Am I correct to include business travel (Denmark)

2) Your family or friends
- How many people/how far back do I need to put down in terms of family?
- Is it just immediate family (parents and brother)?
- How many friends do I need to put down?
- I'm guessing this is because I answered that I have been back to the States with my wife on holiday to see friends and family


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Re: Help with my next visa? Work Visa vs FLR(M)?
« Reply #21 on: February 16, 2021, 01:22:04 PM »
Trying to complete as much on my own and ask mutliple questions in fewer posts:
1) Details of time spent out of the UK
- Am I correct to include holidays to Spain (honeymoon, etc.) and back home in the US?
- Am I correct to include business travel (Denmark)

Include every single trip you have made outside the UK since you moved here.

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2) Your family or friends
- How many people/how far back do I need to put down in terms of family?
- Is it just immediate family (parents and brother)?
- How many friends do I need to put down?

You put every single person you can think of, starting with immediate family, then extended family, then friends.

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- I'm guessing this is because I answered that I have been back to the States with my wife on holiday to see friends and family

No, you are asked this because it is a required question on every visa application made within the UK. You will be asked it on your next application as well.

They need to see whether, if your visa falls for refusal, you have a support system to go back to in the US... or whether they need to consider allowing you to stay in the UK under Article 8: Right to Family Life in the UK... because if you were to be sent back to the US, your life would be in danger (i.e. you would have nowhere to go, no family or friends to help you, no financial support etc.)

So, when it asks you whether or not you could live with your spouse in your home country, it's also for the same reason.

They need to see whether, if you had to return to the US, your life would be in danger due to things like:
- war
- terrorism
- famine
- natural disasters
Or, if your family would be torn apart because, for example, your spouse is banned from entering the US and will never ever qualify for a visa to move there with you


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Re: Help with my next visa? Work Visa vs FLR(M)?
« Reply #22 on: February 16, 2021, 01:29:30 PM »
Include every single trip you have made outside the UK since you moved here.

You put every single person you can think of, starting with immediate family, then extended family, then friends.

No, you are asked this because it is a required question on every visa application made within the UK. You will be asked it on your next application as well.

They need to see whether, if your visa falls for refusal, you have a support system to go back to in the US... or whether they need to consider allowing you to stay in the UK under Article 8: Right to Family Life in the UK... because if you were to be sent back to the US, your life would be in danger (i.e. you would have nowhere to go, no family or friends to help you, no financial support etc.)

So, when it asks you whether or not you could live with your spouse in your home country, it's also for the same reason.

They need to see whether, if you had to return to the US, your life would be in danger due to things like:
- war
- terrorism
- famine
- natural disasters
Or, if your family would be torn apart because, for example, your spouse is banned from entering the US and will never ever qualify for a visa to move there with you

Oh my goodness, I thought absolute worst case scenario with this application is that if it does get refused I could stay in the UK but be on the 10 year track as I have a baby boy here :(  Obviously the goal is to just get everything right on my visa but was not expecting this.

How specific do I need to be on details of where they live (down to city and state sufficient?)


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Re: Help with my next visa? Work Visa vs FLR(M)?
« Reply #23 on: February 16, 2021, 02:26:57 PM »
Oh my goodness, I thought absolute worst case scenario with this application is that if it does get refused I could stay in the UK but be on the 10 year track as I have a baby boy here :(  Obviously the goal is to just get everything right on my visa but was not expecting this.

It's just a legal requirement they have to fulfil now regarding Article 8. Nothing to worry about - just fill it out the best you can and move onto the next part of the application.

In the past, these questions would not be asked on the application form, and instead, if it was the case that you didn't meet the visa requirements, you would be contacted by UKVI saying they were considering your application under Article 8, and asking you to provide reasons why you should be allowed to stay in the UK.

However, it was changed a couple of years ago, and now they are required to consider Article 8 automatically for all applications if they fall for refusal, before contacting the applicant... so they ask the questions on the online form, so that they can go ahead and do that without asking for further information.

As you have a UK citizen child living in the UK, if it was the case that you didn't meet the requirements, you should be granted leave under the 10-year route, but they still have to ask the questions anyway.

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How specific do I need to be on details of where they live (down to city and state sufficient?)

I think just city and state is fine.


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Re: Help with my next visa? Work Visa vs FLR(M)?
« Reply #24 on: February 16, 2021, 03:23:50 PM »
Are there any factors which would make it difficult or impossible for you to integrate and establish a private life in that country?
- I have put yes, and explained "My wife and I have had a son since I immigrated to the UK.  Our son was born in the UK and is a UK citizen."

Is this okay?

It then asks if I will provide documents which are evidence to support the claim that it would be difficult or impossible to integrate back to the US.  Is this my son's birth certificate?


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Re: Help with my next visa? Work Visa vs FLR(M)?
« Reply #25 on: February 16, 2021, 03:40:51 PM »
No, actually what you've put would be the answer to the question about why you should be allowed to STAY in the UK, not what would prevent you from being able to establish a life in the US. Your son is also a US citizen and could live in the US with you, so that is really not something that would prevent you from being able to establish a life in the US.

What they're asking for here is what factors IN THE US would prevent you from being able to integrate and establish a life THERE if you were unable to stay in the UK?

For example:
- the US is unsafe for you to return to because of war/terrorism/famine/natural disasters etc.
- you cannot return to the US for fear of being hurt or killed due to circumstances that occurred before you left
- your spouse cannot legally enter the US or qualify for a US visa to move there
- you have no living relatives or friends in the US that could help you when you return
- you cannot physically work and so would not be able to get a job in the US in order to support yourself and your family
- you would have nowhere to live in the US and would end up homeless

Essentially, your answer should be No here, because there aren't really any serious reasons why you could not go and live with your family in the US if you could not stay in the UK. Yes, you would have to apply for visas and take the steps to move there, but there isn't anything life-threatening that would prevent you from being able to do it (i.e. you're not a refugee or asylum seeker who fled from the US because it was not safe and you feared for your life).
« Last Edit: February 16, 2021, 03:42:58 PM by ksand24 »


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Re: Help with my next visa? Work Visa vs FLR(M)?
« Reply #26 on: February 16, 2021, 03:44:27 PM »
Understood.  I assume the reasons to stay in the UK come up further in the application then.

There was another one asking if I have a Home Office reference number.  I answered No as I assumed it wasn't referring to former successful applications but instead current outstanding applications.
« Last Edit: February 16, 2021, 03:47:24 PM by NCsandHert »


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Re: Help with my next visa? Work Visa vs FLR(M)?
« Reply #27 on: February 16, 2021, 04:25:04 PM »
Understood.  I assume the reasons to stay in the UK come up further in the application then.

I believe so. I think there's a question asking if there are any other reasons to stay in the UK that you would like to be considered for your application... and that's where you can put that you have a UK citizen child (and also any other reasons you have).

You are required to provide the following documents for all children under 18 living in the UK that you or your partner have (even if they are from a previous relationship):
- each child's passport (if they have one)
- each child's birth certificate
- a letter dated in the last 3 months confirming each child's address (i.e. from their GP or school)

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There was another one asking if I have a Home Office reference number.  I answered No as I assumed it wasn't referring to former successful applications but instead current outstanding applications.

That's correct - you won't have a Home Office Reference number.

Home Office Reference Numbers are only issued for applications made in the UK, in the situations where an application has been refused, for application appeals, and for refugee/asylum seeker applications.

So, most people will not have one.


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Re: Help with my next visa? Work Visa vs FLR(M)?
« Reply #28 on: February 16, 2021, 05:04:34 PM »
1) Is the the 1st time I have applied for the partner route, or an extension with current partner?
- my initial answer is NO?

2) Reason applying for an extension (gives multiple options to choose from)?
- My initial answer is    First extension as a partner (following an initial period of entry as a partner, or as a fiancé(e) or proposed civil partner of a settled person)?

3) Stupid question but when filling out my son's details it asks for: country of nationality, date of birth, country of birth, place of birth
Place of birth
If your place of birth is shown on your passport or travel document, enter it as shown on your document. Use the English spelling if provided.

Is it asking for my place of birth again or my son's?  He doesn't have a passport yet as he's only 5 months old.
For the nationality it says to list all, is he listed as US nationality as well as British citizen?
« Last Edit: February 16, 2021, 05:06:46 PM by NCsandHert »


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Re: Help with my next visa? Work Visa vs FLR(M)?
« Reply #29 on: February 16, 2021, 05:56:55 PM »
1) Is the the 1st time I have applied for the partner route, or an extension with current partner?
- my initial answer is NO?

That's correct - this is your 2nd time, as the 1st time was the spousal visa.

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2) Reason applying for an extension (gives multiple options to choose from)?
- My initial answer is    First extension as a partner (following an initial period of entry as a partner, or as a fiancé(e) or proposed civil partner of a settled person)?

Yes, that's correct. It's your first extension to your initial spousal visa.

Quote
3) Stupid question but when filling out my son's details it asks for: country of nationality, date of birth, country of birth, place of birth
Place of birth
If your place of birth is shown on your passport or travel document, enter it as shown on your document. Use the English spelling if provided.

Is it asking for my place of birth again or my son's?  He doesn't have a passport yet as he's only 5 months old.

I assume it's asking about your son's place of birth, given that this is a question about your son's personal details.

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For the nationality it says to list all, is he listed as US nationality as well as British citizen?

Have you registered his birth with the US Embassy yet?

He should automatically be a US citizen as you are a US citizen, but given that not everyone is eligible to pass on their US citizenship to their children (to pass on your US citizenship to your son, you must have lived in the US for at least 5 years, 2 of which must have been after you turned 14), I'm not sure if you need to register his birth abroad in order to confirm that he is officially a US citizen.


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