Expat Forum For People Moving Overseas And Living Abroad banner

Status
Not open for further replies.
1 - 19 of 19 Posts

·
Registered
Joined
·
254 Posts
Discussion Starter · #1 ·
Hi,

I am close to completing my application so decided to post here my checklistmake sure all is OK. I also have a few questions below the checklist. I would be very grateful if you could help me.

POSTAL APPLICATION FOR SECOND PERIOD OF FLR (M) WITHIN THE UK (5 YEAR ROUTE)

• IHS reference number email
• FLR (M) form (Version 4/2015)
• Payment details stated within the form
• Applicant photographs with full name on the back (2)
• Sponsor photograph with full name on the back (1)

Passports and Immigration Documents (Applicant)

• Current passport (1)
• Previous passports held during stay in the UK (2)
• BRP

Financial Requirement Category A (Sponsor’s income meets the requirement)

• Sponsor’s bank statements for the last 6 months (Jan-Jun 2015)
• Sponsor’s pay slips for the last 6 months(Jan-Jun 2015)
• Sponsor’s employer letter
• Sponsor’s contract of employment
• Sponsor’s P60

English Language Requirement

• Certificate of approved Academic Qualification (taught in the UK)

Partner’s Immigration Status

• Full copy of sponsor’s passport

Relationship

• Correspondence since last grant of leave on Jan 2013 (thus covering 2.5 years) from more than 3 different sources:

1. May 2013: Joint bank account statement
2. Oct 2013: Applicant’s NHS letter
3. Oct 2013: Sponsor’s mobile phone bill
4. Mar 2014: Joint Council Tax bill
5. Aug 2014: Joint Council Tax bill
6. Jan 2015: Sponsor’s mobile phone bill
7. Feb 2015: Applicant’s bank statement
8. Jun 2015: Joint water bill​
• Marriage certificate
• Tenancy Agreement (dated 20 Jul 2015)

QUESTIONS:

1. Tenancy Agreement: Although we have been living together in the same address since 2012, that is before applying for my first FLR (M), back then we signed an Assured Shorthold Tenancy Agreement (dated Oct 2012) for a fixed term of 6 months. Once this period was over we opted to continue the tenancy by virtue of statute so we didn’t sign a new Tenancy Agreement. Last year the agency contacted us to say the landlords were going to increase the rent and asked us if we still wanted to stay there and if so for how long. We decided to stay for a year and told them so but we didn’t sign anything new. A couple of weeks ago the Letting Agency contacted us to let us know that we needed to renew our term and this time they sent us a new Tenancy Agreement that we have signed and we are waiting for them to sign it too. This will be for a period of 12 months starting on Jul 20th. I am going to submit my visa application next week, so do I’m wondering if this new one will suffice since all our correspondence mentions we have lived at the same address since my previous leave? Or do we need to ask the letting agency to provide the older tenancy agreement too? Or perhaps ask them to provide us a letter which states how long we have lived them and what kind of contracts they were and for how long?

2. Period of absence of three months in 2014: As suggested by Joppa I am going to mention in the application form that I was abroad last year because my mother is ill. I am not sending a covering letter nor proof of the illness as Joppa considers it isn’t necessary, but I am including below my explanations to check with you if what I wrote sounds OK or if I need to add or remove something (I am not including here the exact details of her illness just for privacy reasons):
6.9 If relevant, have you lived together permanently in the UK with your sponsor since your last grant of limited leave to remain as a partner?
No.
Please provide details of any periods when you have not lived with your sponsor since your last grant of limited leave to remain and any reasons why you have not done so
We have lived together permanently in the UK since my last leave but I spent three months visiting my parents in Mexico in 2014 because my mother was diagnosed with … and she had to undergo … treatment. Because she had a few complications which put her life at risk twice while I was there, I stayed until she was stable.

6.21 Have you lived with your sponsor since your marriage or civil partnership?
No.
If no, please provide details why not
I have lived with my husband (sponsor) since marriage except for the three months I spent in Mexico in 2014, visiting my sick mother.

3. My visa expires on the 11th of July, I was hoping to be able to send my application this week but unfortunately we are still missing all my husband’s employment documents (payslips, letter, P60 and contract) because the person who can provide those documents is on leave (unexpected personal circumstances) so all we know is this person is coming back until the 8th. I hope this is going to be the case and that we will be able to get the documents soon after so we submit everything by the 10th at the latest. But if we were unable to get the documents on time, can we submit the application with what we have and include a letter explaining what is missing and that we will send it as soon as possible?

Thank you for any help you may provide.
 

·
Super Moderator
Joined
·
5,184 Posts
1) Can you get a letter from the letting agent that says that you're still at the same address and that you're in the process of renewing the Tenancy Agreement that you signed 3 years ago? It doesn't have to be long at all, just confirming that Mr & Mrs Melody Pond are still tenants at the address you live at.

2) 6.9 - you could theoretically answer "Yes," and give the reasons you've stated. If your Mom hadn't been ill and needing you to be in Mexico, you would still be living with your husband.

6.21 - again, you could theoretically answer "Yes" and give the reasons that you've stated for 6.9 because again, if Mom wasn't sick, you would have stayed in the UK with your husband..

If you had left your husband (i.e. deliberately separated as if you were to divorce), then moved back in with him a few weeks/months later, then that's one thing, but as you were called home for a family emergency and were required to stay for 3 months, that's something else.

3) If you are able to get your application to the post office before it closes on the morning of Saturday 11 July, 2015, then you will be fine. The Home Office considers the date of posting to be the date that you submit your application to them, even if the package arrives after your visa expiry date. You just need to make sure that the frank on the package (the date on the postage sticker that the post office will affix to the parcel) is clear and legible (the date needs to be readable) because if the date can't be seen, then the Home Office will consider the last business date before they receive it to be the date of posting - i.e. if you send it on the 11th and they get it on the 16th and cannot read the date of posting, then they will consider the application to have been "submitted" on 15 July.

There is a 28-day grace period after the expiry of your visa that the Home Office will take into consideration for determining whether your application is late or not, but it's best if you can get it into the post before the post office closes on the date that your current leave expires.
 

·
Super Moderator
Joined
·
18,073 Posts
Since you already have 6 things each which prove that you've been living together for the past 2 1/2 years, I don't think the tenancy agreement is a big issue. The new tenancy agreement fulfils the requirement that you have a place to live.
 

·
Registered
Joined
·
1,140 Posts
IMHO, I think you should answer both 6.9 and 6.21 "yes" as you were visiting your mother, you had not moved out of your UK home.
 

·
Registered
Joined
·
254 Posts
Discussion Starter · #5 · (Edited)
Thank you all for your replies.

Regarding the tenancy agreement:

My husband and I just realised that we do have a couple of letters from the agency as PDFs where they ask us if we want to renew our previous agreements. One from May 2014 mentions that we have been tenants since 2012 and asks if we want to renew for another period. We also have the next one from June this year asking if we want to renew the current term for another period of time. So we have printed those and will get the agent to sign them along with the new contract. Hopefully that will be enough, and won't cause confusion?

Regarding the three months I was away:

I think you are right in suggesting I answer yes and I will do so. But I will also write those explanations just in case because, on one hand if they notice I was away from the stamps on my passports and decide they need to find out why I was away this might delay my application. On the other hand I may have to go again in the future for a period of time for the same reasons and I feel it might be better if there is already a precedent. I don't know if they have a file with notes regarding each case but if they do then it won't hurt if there is a note about my present circumstances.

Regarding my last question:

3) If you are able to get your application to the post office before it closes on the morning of Saturday 11 July, 2015, then you will be fine. The Home Office considers the date of posting to be the date that you submit your application to them, even if the package arrives after your visa expiry date. You just need to make sure that the frank on the package (the date on the postage sticker that the post office will affix to the parcel) is clear and legible (the date needs to be readable) because if the date can't be seen, then the Home Office will consider the last business date before they receive it to be the date of posting - i.e. if you send it on the 11th and they get it on the 16th and cannot read the date of posting, then they will consider the application to have been "submitted" on 15 July.

There is a 28-day grace period after the expiry of your visa that the Home Office will take into consideration for determining whether your application is late or not, but it's best if you can get it into the post before the post office closes on the date that your current leave expires.
Thanks for this information WestCoastCanadianGirl! Hopefully we will be able to send it by Sat morning at the latest and I will make sure the date is clear and legible regardless of the date.

Finally, since there are no comments regarding my checklist shall I assume none of you has spotted anything wrong with it?
 

·
Super Moderator
Joined
·
18,073 Posts
Thank you all for your replies.

Regarding the tenancy agreement:

My husband and I just realised that we do have a couple of letters from the agency as PDFs where they ask us if we want to renew our previous agreements. One from May 2014 mentions that we have been tenants since 2012 and asks if we want to renew for another period. We also have the next one from June this year asking if we want to renew the current term for another period of time. So we have printed those and will get the agent to sign them along with the new contract. Hopefully that will be enough, and won't cause confusion?
There is no requirement to show your tenancy agreements for the past 2 1/2 years. You simply need to prove that you have adequate accommodation and your current tenancy agreement proves that. You have 6 pieces of post each which proves that you have lived together for the past 2 1/2 years. Don't clutter your application.

If you do send you application after your current visa expires be advised that you may give up your right to appeal.

Finally, since there are no comments regarding my checklist shall I assume none of you has spotted anything wrong with it?
It looks fine but you only need the bio pages of the sponsor's passport. They can access his passport details.
 

·
Registered
Joined
·
254 Posts
Discussion Starter · #7 ·
There is no requirement to show your tenancy agreements for the past 2 1/2 years. You simply need to prove that you have adequate accommodation and your current tenancy agreement proves that. You have 6 pieces of post each which proves that you have lived together for the past 2 1/2 years. Don't clutter your application.

If you do send you application after your current visa expires be advised that you may give up your right to appeal.



It looks fine but you only need the bio pages of the sponsor's passport. They can access his passport details.
OK, I will only include the new tenancy agreement then.

Thanks for letting me know about the right to appeal, I had no idea and it's very important.

The reason why I was going to copy the entire passport is because on page 61 of the form it says: If you are making your application by post you can send a complete and full copy of your partner’s current passport or travel document. Every page of the passport must be copied including any blank pages.

It does sound OTT to copy the whole thing but that's what it says there :confused:
 

·
Super Moderator
Joined
·
18,073 Posts
Thank you all for your replies.

Regarding the tenancy agreement:

My husband and I just realised that we do have a couple of letters from the agency as PDFs where they ask us if we want to renew our previous agreements. One from May 2014 mentions that we have been tenants since 2012 and asks if we want to renew for another period. We also have the next one from June this year asking if we want to renew the current term for another period of time. So we have printed those and will get the agent to sign them along with the new contract. Hopefully that will be enough, and won't cause confusion?
Just going to add that it probably wouldn't hurt to include these especially if it eases stress.
 

·
Registered
Joined
·
254 Posts
Discussion Starter · #12 ·
Hello again everyone,

My husband has just been given his employment documents today and it turns out his contract of employment is only a copy. The HR person is still not back to ask him if he knows why it's only a copy. I am worried that we might have not given back to him on our first application in 2013 or that he misplaced it. We've looked for it at home but there is only a photocopy here. I can't remember at all if one the first application we only had a copy or if it was the original, but I suspect it was the original. Do you think it would it be a problem if we send a copy?

I also am a bit worried that one of the bills we have is only a pdf that we will have to print and another one does come through the post but equally looks like it was just printed by us. Do you think this will be a problem?

Thank you!
 

·
Registered
Joined
·
254 Posts
Discussion Starter · #13 ·
Thanks for everyone's help! We managed to get a the contract in the end and submitted the application a couple of days before the deadline.

I wanted to ask a couple more questions. When I submitted my application by Special Delivery I included another Special Delivery envelope so they send back my documents but I wasn't given a tracking code for that one. Should I have been given one? I've checked the receipt and there is no mention there of there being two Special Deliveries as I was only charged the Postage stamps for the one included with my application.

I also wanted to ask the moderators if it would be OK for me to start a thread requesting people to post timelines of applications made within the UK only as the one that already exists is mostly about overseas applications and I only could found a couple of relatively recent examples there of applications within the UK. It took me some time to dig those two so this is why I wanted to create one for those applications.

Thanks!
 

·
Super Moderator
Joined
·
18,073 Posts

·
Registered
Joined
·
254 Posts
Discussion Starter · #16 ·
When I submitted my application by Special Delivery I included another Special Delivery envelope so they send back my documents but I wasn't given a tracking code for that one. Should I have been given one? I've checked the receipt and there is no mention there of there being two Special Deliveries as I was only charged the Postage stamps for the one included with my application.
Because of the reason above I am wondering if it's OK to contact UKVI to enquire about the progress of my application and if I will get an update or not. The problem being that the building where I live is not accessible without entering a code. Because I won't have a way to track the delivery, if I am not home when they come they might not be able to enter the building nor to leave a notification that they tried to deliver my documents. I can try to leave the door open but neighbours tend to shut it, so now I am very anxious that if they try to deliver and can't I won't even find out. This is why I was wondering if I can request updates from UKVI just like applicants applying from abroad can. I also don't know if the BRP will arrive through normal post as some say it does and some say it doesn't. If it's two separate deliveries then there is a greater chance I might not be home when either arrives and so it's likely they won't be able to enter the building or leave a notification.
 

·
Registered
Joined
·
254 Posts
Discussion Starter · #17 · (Edited)
Just to let everyone know that today I received my passport and documents and the letter stating my visa has been granted! :bounce:

Thank you ever so much to everyone who helped here and in other threads! You're all magnificent people and I send you a virtual hug!

I am hoping they haven't tried to deliver the BRP yet as there was no way they could have delivered it the last couple of days for the reasons I mentioned above. Hopefully if they did try they will try again soon.

Not sure if it is of any interest to anyone but they returned most documents I submitted and copies too. They only kept the copy of my current passport, the copies of my previous passports, the full copy of my husband's passport, the copy of our marriage certificate, the original letter from my husband's employer (even though I included a copy), and obviously they also kept my old BRP.

I'm a little bit annoyed that they didn't take good care of my originals (particularly my Master's degree certificate and my wedding certificate). At least they are not dirty, but still... :mad:

When I get the BRP I will add my timeline here http://www.expatforum.com/expats/br...-m-postal-application-within-uk-timeline.html , but so you know my postal application took exactly 6 weeks.

Right! I better start organising things and saving for my ILR application in 30 months!! Good luck to everyone here. I'll see you around! :wave:
 
1 - 19 of 19 Posts
Status
Not open for further replies.
Top