michali

2.2 Is this the first time you have applied for a visa or extension of stay in one of the above categories (including previous leave granted as a fianc(e) or proposed civil partner) with your current sponsor?
Yes No

As we start preparing for my husbands FLR(M) later this year, this question always baffles me. No, it is not the first time he has applied for a visa but Yes, it is the first time he has applied for an extension of stay. So which should we tick?? Yes, or No? One forum advises No and one, or maybe two, advises Yes.

Any advice please?

BritInParis

Depends on what visa your husband currently holds. If he currently holds a spouse visa which you sponsored him for then the answer is no. If he holds another type of visa (Tier 2, Tier 4, etc..) and hasn't been sponsored in the past for a spouse visa by you or anyone else then the answer is yes.

SanDiegogirl

Must admit I have seen numerous answers to this one - some yes, some no.

Personally (and it's how I interpret the question) if I was applying for FLR (M), then I am extending my visa and so YES.

michali

Sorry, BritInParis, my husband is on a Spousal visa. I truly think the question can be interpreted either way! So both you and SDG are correct! You are right, SDG, when I google this, it comes up so many times and with different responses! If they would just put in an 'either, or' it would make life much easier! Many thanks for responding.

SanDiegogirl

Taking a look at the FLR form, I read question 2.3 and thought this if replying YES to 2.2. then the following would apply in 2.3

First period of leave to remain (following an initial period of entry clearance as a partner of a settled person, or following an initial period of entry clearance as a fiancé(e) or proposed civil partner of a settled person - 6 months)

..... but 2.2 is very badly worded

michali

It really is! I certainly agree that the answer to 2.3 is the first period of leave to remain as he came in on a visa with leave to enter and I see your point about that response following on from a Yes answer to 2.2.

Can I ask some more questions? This is long!

1. We will be applying using savings. For our initial visa we supplied a detailed declaration, but no evidence as the savings had been accrued many years previously. We applied using two bank accounts to which we had instant access, as required by the UKVI rules. Once the visa was granted and we knew we were going to relocate, we cashed in two more accounts. As part of our declaration, we will submit evidence that the entire funds were transferred to our UK bank account from abroad. Will it be a problem that the amount is more than the amount we used to meet the financial requirements of the spousal visa? Should we explain as concisely as possible the difference? I know we are advised that you only need to declare the amount needed to meet the financial requirements, but that leads me to the next question.

2. The FLR(M) form states in 7.2
'You only need to provide evidence of the income and/or cash savings required to show you meet the financial requirement.'
but in 73E it says
'If you and/or your sponsor have more than one savings account you must provide the full details and submit the specified evidence for each.' The use of the word 'must' troubles me! If we have to declare all savings we would have to use two accounts, one of which only sends statements every six months and the timing would require an interim statement posted to us by the bank in question. Doable but just added stress!

3. Does the applicant have to send every previous passport, even going back to 1961? We did not last time but will if we should.

4. 8B 8.7 should we fill anything else in here? It says to include anything not previously covered and we would not have had an opportunity to say how much we want to stay to be near our children and grandchildren, unless we write a covering letter and include that in it. Or is that box for more important issues?

Many thanks!

BritInParis

The key word is 'or'.

If your husband currently holds a visa as a 'Spouse of a person present and settled in the UK' as asked in 2.1 then the answer is clearly 'No' as it's not the first time he has applied for a visa in this category as this is his second time.

The answer to 2.3 therefore for your husband would be 'Second period of leave to remain (following initial grant of leave to remain).'

michali

That makes sense, BritInParis, though I still feel it could be either. Both sound right and whichever we choose, we will write a note to explain. 2.3 however I feel should be first period of leave to remain. The first visa only gave him leave to enter, not to remain.

Any ideas on my other concerns, please?

BritInParis

Leave to enter is granted at the border by an IO (it's the stamp in your passport); being granted the visa by an ECO gave your husband leave to remain so it's the second period he is now applying for. At the end of his second period he'll be eligible to apply for ILR (hence no mention of a third period).

1. The Home Office won't have a problem if you have more money than last time if that's what you mean. As before you just need to show that your savings meet the threshold, have been held in either of your names or jointly for at least six months and the money is under the control of and available to be used by you and/or your husband, i.e. not tied up in investments or bonds.

2. It means that if £40,000 is in Account A and another £12,500 is in Account B then you must show the specified evidence for both accounts to order to qualify solely through savings. If you have £62,500 in Account C and £250,000 in Account D then you don't have to show evidence for Account D if you don't want to as you'll already meet the savings threshold with Account C. If you want to show them all your savings then you can do but you only need to show that you have enough to meet the £62,500 threshold.

3. An ECO isn't going to want to wade through 50 years worth of passports. As it says just provide the passports used since your husband arrived in the UK. If your husband hasn't changed his passport in the last two and a half years then just his current one will suffice.

4. Whilst that's commendable it's not going to make any difference to the ECO's decision if you don't meet the other requirements so don't bother.

michali

Thank you SO much, BritInParis! You have been very helpful!

spouse of scouse

Another thread to bookmark for when it's my turn. Best of luck Michali!

michali

Do you do that too, SOS.! I have so many bookmarks, they confuse me more than anything else! Thanks! Still got a couple of months but trying not to stress too much. I am not worried about meeting the requirements but it a matter of making sure you don't miss out anything or tick a wrong box! We will soon have been married for fifty years but if we leave out a piece of correspondence they may say we have not proved that we are in a genuine marriage!!

spouse of scouse

Oh yes, I do it too (bookmark), and like you by the time it comes to actually filling in the forms I have hundreds of the blessed things

The way you approach your visa apps is one of the most thorough I've seen, so I can't imagine you having any problems at all