[KHP]

Hi everyone,

I have a few questions regarding applying for FLR. Thanks to anyone who can help.

- My husband's current spouse visa will expire in Aug 2016. When is the earliest he can apply for FLR and are there any benefits of applying early?
- I am going on maternity leave in two months and will be going back to work at around the time my husband has to apply for FLR. If we decide to use my salary to meet the income requirement will it matter that my P60 will show a reduced salary due to maternity leave?
- Can someone send a link to the latest guidance and required documents for FLR? I have found different pages on the .gov site and I'm not sure which one is correct!
- Apart from the cost of the visa and the NHS surcharge are there any other costs we need to think about? Do you pay separately for the BRP?

Sorry for all the questions! I just wanted to limit my number of posts

Thanks for any info.
KHP

 

[nyclon]

He can apply no earlier than 28 days before his anniversary of being in the UK for 30 months.

As long as you meet the financial requirement just attach a note to the P60 explaining why it's lower.

There is no definitive list of documents. You'll be sending similar documents as you did for his previous visa except that you'll need to prove that you've been living together so you'll need official post addressed jointly or separately.

If you apply by post there is separate BRP charge. If you apply in person, it's included.

https://www.gov.uk/remain-in-uk-family/overview

 

[KHP]

Thanks Nyclon for your quick reply!

So as long as my normal salary is over the minimum requirement it doesn't matter if it's below the minimum for the 6 months leading up to the application because I have been on maternity leave? Sorry, just want to be really sure!

Thanks

 

[Crawford]

Thanks Nyclon for your quick reply!

So as long as my normal salary is over the minimum requirement it doesn't matter if it's below the minimum for the 6 months leading up to the application because I have been on maternity leave? Sorry, just want to be really sure!

Thanks

Your application needs to show that either you OR your husband OR jointly meet the minimum financial requirements of 18,600 per annum for the 6 months leading up to the application.

You can include any income your husband is earning for the application, savings etc to make up the shortfall if YOU cannot make the necessary minimum due to pregnancy.

You also will pay the NHS surcharge.

 

[KHP]

OK, that's interesting. I had heard sponsors on maternity pay (whose normal salary is above the requirement) were exempt so I'm glad I asked! Yes, we can meet the requirement with both our incomes but I thought it would be easier to supply only one set of payslips, contracts etc.
Thanks for the info.

 

[KHP]

Sorry another question... could I apply with 12 months payslips as my full year income would still be above the minimum when I'm on Mat leave? Would that be Cat B? Cheers

 

[nyclon]

Thanks Nyclon for your quick reply!

So as long as my normal salary is over the minimum requirement it doesn't matter if it's below the minimum for the 6 months leading up to the application because I have been on maternity leave? Sorry, just want to be really sure!

Thanks

Yes, you are correct. If your salary 6 months before you took maternity leave is more than £18,600, you're fine.

From FM 1.7 page 33:

Example (a)
The applicant’s partner is in the UK, has recently had a baby and returned to work from
maternity leave 2 months prior to the date of application. Her contracted salary is £19,400 a year. She has been with her current employer for 2 years but, as she has not been earning he required level of income for all of the last 6 months because of her maternity leave, the period to be assessed can be the 6 months before she began her maternity leave.

 

[KHP]

Great! Thanks Nyclon!