# Switch from Fiance Visa to FLR(M)



## fox2005eng (Jan 31, 2012)

Hi all,

I have Granted Fiance visa last may 2012 from Egypt. I'm in the UK at the moment, as my wedding will be hopefully in august. 

However I have a few Question regarding switching from Fiance to FLR (M)

as I know that I'm not subject to the new rules, because I have granted entry clearance based on the old rules that prior to 9 July 2012 if I'm not wrong. so now

1- The form only that I have found on UKBA website for FLR(M) is just for applications made on or after 9 July. the new version, so it it ok to use it or I have to use the old one ?

2- I have booked a premium service (Apply in person) in august as well, so do I need to complete the form online or it doesn't matter ?

3- What is documents are required for the FLR(M), is it same like Fiance one ?

4- is the sponsorship still exist in my case ?

Thanks in advance

Bye


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## Joppa (Sep 7, 2009)

fox2005eng said:


> Hi all,
> 
> I have Granted Fiance visa last may 2012 from Egypt. I'm in the UK at the moment, as my wedding will be hopefully in august.
> 
> ...


There is only one version of FLR(M) for applicants both under the old and new rules. You answer different sets of questions depending on which category of applicants you come under.



> 2- I have booked a premium service (Apply in person) in august as well, so do I need to complete the form online or it doesn't matter ?


Just download the form, complete it, make a copy and take to your appointment.



> 3- What documents are required for the FLR(M), is it same like Fiance one ?


See UK Border Agency | Documents required and links. Basically yes, but you need your marriage certificate (plus photocopy). You just need confirmation of living at the same address, such as joint account, bills etc - you don't need extensive proof of relationship like phone record, skype logs etc, but I would take some just in case.



> 4- is the sponsorship still exist in my case ?


Yes, if you need it. Only from UK residents.


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## fox2005eng (Jan 31, 2012)

Thanks a lot Joppa



Joppa said:


> There is only one version of FLR(M) for applicants both under the old and new rules. You answer different sets of questions depending on which category of applicants you come under.


sorry, what do u mean "which category of applicants you come under"?

I'm now on Fiance visa which was VAF4A, next is to switch to --> FLR(m). plz correct me if I'm wrong.

Bye


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## fox2005eng (Jan 31, 2012)

fox2005eng said:


> Thanks a lot Joppa
> 
> 
> 
> ...


sorry forgot to ask you

Do I have to submit the form online ?

or I can print it and take it with me.

Thanks in advance

Bye


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## Joppa (Sep 7, 2009)

One form of FLR(M) for those applying under the old rule or new rule.
As I've said, just download the form, complete it, make a copy and take to your appointment. No need to submit online.


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## fox2005eng (Jan 31, 2012)

Joppa said:


> One form of FLR(M) for those applying under the old rule or new rule.
> As I've said, just download the form, complete it, make a copy and take to your appointment. No need to submit online.


Thanks a lot Joppa

Bye


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## fox2005eng (Jan 31, 2012)

Regarding the financial "bank statement", how old should it be ?

Thanks a lot

Bye


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## fox2005eng (Jan 31, 2012)

sorry forgot to ask about something else

on the FLR(M) Version v2.... what do we do with Section 7A (financial requirements)

Do I have leave it all blank? 

as at the begining of the section there is no option or any kind of question that tells you to skip this section or to go to next section if you have granted entry clearance before July 2012, so far the guidance shows that this section does not apply to my case.

I'm so confused really.

thanks for help


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## fox2005eng (Jan 31, 2012)

any issues ?

Thanks


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## Joppa (Sep 7, 2009)

fox2005eng said:


> sorry forgot to ask about something else
> 
> on the FLR(M) Version v2.... what do we do with Section 7A (financial requirements)
> 
> ...


Write something like 'Settlement visa first obtained before 9th July 2012', skip and go to 7B. As you are going to an PEO appointment, just tell the counter staff why you have skipped 7A and gone to 7B.


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## fox2005eng (Jan 31, 2012)

Joppa said:


> Write something like 'Settlement visa first obtained before 9th July 2012', skip and go to 7B. As you are going to an PEO appointment, just tell the counter staff why you have skipped 7A and gone to 7B.


Thanks Joppa, and Regarding the financial "bank statement", how old the statement should be and the amount if possible does it have to be like 27K savings ?

Thanks in advance.

Bye


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## Joppa (Sep 7, 2009)

fox2005eng said:


> Thanks Joppa, and Regarding the financial "bank statement", how old the statement should be and the amount if possible does it have to be like 27K savings ?


Bank statement to cover the past 6 months. The amount depends on under which category you are qualifying, such as minimum salary of £18,600, or up to £62,500 in savings.


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## fox2005eng (Jan 31, 2012)

Joppa said:


> Bank statement to cover the past 6 months. The amount depends on under which category you are qualifying, such as minimum salary of £18,600, or up to £62,500 in savings.


I'm applying under the old rules prior to 9 july 2012

thanks joppa


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## fox2005eng (Jan 31, 2012)

fox2005eng said:


> I'm applying under the old rules prior to 9 july 2012
> 
> thanks joppa



sorry for stressing you with much questions

Bye


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## newlight1 (Feb 13, 2012)

Hope you dont mind if I mention something on this thread. I was looking at the FLR(M) and my concern was that where it says on part 7B which we need to complete; 

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/flr/formflrm1020091.pdf

S E C T I O N 7 B - M A I N T E N A N C E PAGE 24

You only need to complete this section if you do not need to meet the financial requirement or were granted leave to enter/remain as a partner before the 9th July 2012 

Well for my Fiancée (still haven't heard anything yet), she wasn't granted leave to Enter before 9th of July 2012 but _*applied for leave to enter before 9th July 2012*_ which then the case would be that she would have received her Fiancée visa AFTER 9th July 2012? So I am confused now, could you make sense of this for me, panicking a little as thought because we applied before July 9th 2012 we didn't need to meet the new Financial requirement at any stage ie FLR and ILR etc even if we didn't get the Fiancée Visa until AFTER July 9th 2012 so why does the FLR application say "You only need to complete this section if you do not need to meet the financial requirement or were granted leave to enter/remain as a partner before the 9th July 2012"? Nothing about if you APPLIED for entry clearance BEFORE July 9th 2012? Anyone shed some light? appreciated.


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## Joppa (Sep 7, 2009)

newlight1 said:


> Hope you dont mind if I mention something on this thread. I was looking at the FLR(M) and my concern was that where it says on part 7B which we need to complete;
> 
> http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/flr/formflrm1020091.pdf
> 
> ...


All it means is if you are successful in your application, you complete the maintenance requirement page instead of financial requirement in your FLR and ILR applications. If you are refused and you win your appeal, it's the same. But if you are refused and lose your appeal, you'll have to re-apply under the new rules and financial requirement section must be completed.


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## newlight1 (Feb 13, 2012)

Thanks Joppa, Although it would help if they added something like on Page 24

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/flr/formflrm1020091.pdf



> You only need to complete this section if you do not need to meet the financial requirement or were granted leave to enter/remain as a partner (or you have applied for this) before the 9th July 2012


Rather than, 



> You only need to complete this section if you do not need to meet the financial requirement or were granted leave to enter/remain as a partner before the 9th July 2012


You see what I mean?


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## Joppa (Sep 7, 2009)

But the first statement isn't entirely correct, as those who applied before 9th July but were rejected and their appeal was turned down will need to meet the new financial requirement.


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## newlight1 (Feb 13, 2012)

Yes that it true if you put it that way, but they could have always said this?


You need to meet the financial requirement if you made your first application to enter or remain here as a partner after 9th July 2012.

(taken from http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/flr/guideflrm1020091.pdf PAGE 5 FLR Guidance notes)

Rather than;

You only need to complete this section if you do not need to meet the financial requirement or were granted leave to enter/remain as a partner before the 9th July 2012


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## Joppa (Sep 7, 2009)

_'if you made your first application to enter or remain here'_ means of course _'and were successful (after appeal if necessary)'._
So it isn't so much the fact that your application was in before 9th July as your visa/leave was successfully issued under the old rules.


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## fox2005eng (Jan 31, 2012)

newlight1 said:


> Hope you dont mind if I mention something on this thread. I was looking at the FLR(M) and my concern was that where it says on part 7B which we need to complete;
> 
> http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/flr/formflrm1020091.pdf
> 
> ...


So what about Section 7A, I'm getting so confused now .

There is nothing written there in section 7A like section 7B
"You only need to complete this section if you do not need to meet the financial requirement or were granted leave to enter/remain as a partner before the 9th July 2012"

SO What does this means!!!, Should I ignore the both sections "7A and 7B"?

What do u think Joppa? am so confused now


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## Joppa (Sep 7, 2009)

fox2005eng said:


> So what about Section 7A, I'm getting so confused now .
> 
> There is nothing written there in section 7A like section 7B
> "You only need to complete this section if you do not need to meet the financial requirement or were granted leave to enter/remain as a partner before the 9th July 2012"
> ...


Leave out 7A, as you were issued your visa under the old rules. Just write something like 'Settlement visa issued before 9th July 2012' in the margin.
You must complete 7B as it relates to maintenance requirement under the old rules.


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## fox2005eng (Jan 31, 2012)

Joppa said:


> Leave out 7A, as you were issued your visa under the old rules. Just write something like 'Settlement visa issued before 9th July 2012' in the margin.
> You must complete 7B as it relates to maintenance requirement under the old rules.


Thanks a lot mate, sorry to stree you much with much questions, I wonder if you have any reference for the financial requirements prior to 9 July rules I'll be grateful.

Bye


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## Joppa (Sep 7, 2009)

fox2005eng said:


> Thanks a lot mate, sorry to stress you much with much questions, I wonder if you have any reference for the financial requirements prior to 9 July rules I'll be grateful.


Without children, you need £111.45 per week left over in cash after paying for housing (rent or mortgage) and council tax.


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## fox2005eng (Jan 31, 2012)

Joppa said:


> Without children, you need £111.45 per week left over in cash after paying for housing (rent or mortgage) and council tax.


Many Thanks

Cross fingers for us 

Bye


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## fox2005eng (Jan 31, 2012)

I have Granted visa Today 30/08/2012 for FLR (M), same day premium service in UK.

I would like to thanks you "Joppa" specially for you much effort in this forum and personally with me.

good luck for everyone 

Bye


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## newlight1 (Feb 13, 2012)

fox2005eng, CONGRATS!!!!! Well done and I am not surprised you are thanking Joppa, hes probably one of the most knowledgeable people in the complex world of immigration you can find who can help in a setting like this. 

fox2005eng, how did it go? What was the experience like? Which Centre did you goto? Does everyone who has an appointment that day have to be at the centre for the same time? If so, what time?


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## newlight1 (Feb 13, 2012)

What I find interesting is what would happen if a fiance who applied under the Pre July 9th 2012 rules but was refused a FLR, for instance on Maintenance grounds? Would they automatically be put on the 10 year route, removed from the country etc? Or what would be their fate?


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## Joppa (Sep 7, 2009)

newlight1 said:


> What I find interesting is what would happen if a fiance who applied under the Pre July 9th 2012 rules but was refused a FLR, for instance on Maintenance grounds? Would they automatically be put on the 10 year route, removed from the country etc? Or what would be their fate?


They will first have a full right of appeal. If it fails, then they will be asked to leave the country, and if they don't go voluntarily, stepswill be taken for their arrest, detention and deportation. Now where there is a child involved, UKBA would be reluctant to split a family, but it won't mean they will be lenient. They will probably suggest the child - even a dual British national - should stay with their mother, either in UK or abroad.


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## newlight1 (Feb 13, 2012)

Thanks, I was looking into it and couldn't find an example of a spouse being removed from the UK after being refused FLR or by losing in appeal but the few examples I found of spouses being refused FLR were given DLR discretionary leave to remain for either 3, 5 or 10 years.


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## Joppa (Sep 7, 2009)

newlight1 said:


> Thanks, I was looking into it and couldn't find an example of a spouse being removed from the UK after being refused FLR or by losing in appeal but the few examples I found of spouses being refused FLR were given DLR discretionary leave to remain for either 3, 5 or 10 years.


I think DLR has been or is being abolished with the new rules:

15. A person who does not meet the requirements of the Immigration Rules will no longer be considered for Discretionary Leave outside the rules on Article 8 grounds. A grant of Discretionary Leave provides automatic access to public funds and places the person in a better position than those who meet the rules. In future, if they do not qualify for leave under the rules, or for leave outside the rules on a genuinely exceptional basis, *they will not receive any form of leave and will be expected to leave the UK*.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/soi-fam-mig.pdf Page 6

I don't think this has been implemented yet, but I seem to recall the government intends to legislate sometime before the end of the year.


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## newlight1 (Feb 13, 2012)

> I think DLR has been or is being abolished with the new rules:


Interesting, would DLR stll be available for spouses who applied before the new rules came into effect if they were refused FLR now? and the abolishment of DLR be unavailable to only those who applied after the new rules came into effect?

In terms of the New Rules, if a spouse for instance lost their jobs shortly before applying for FLR and could not meet the £18,600 They can appeal. If it fails, then they will be asked to leave the country, and if they don't go voluntarily, steps will be taken for their arrest, detention and deportation?


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## fox2005eng (Jan 31, 2012)

newlight1 said:


> fox2005eng, CONGRATS!!!!! Well done and I am not surprised you are thanking Joppa, hes probably one of the most knowledgeable people in the complex world of immigration you can find who can help in a setting like this.
> 
> fox2005eng, how did it go? What was the experience like? Which Centre did you goto? Does everyone who has an appointment that day have to be at the centre for the same time? If so, what time?


basically there is not interview, they just collected the papers from me and from my wife, then they took my finger print, we went @ 12 PM and left @ 12.30 the UKBA for walk to the city center of Cardiff, and we back to them like 3.30 PM we set there for like 30 min until the case officer came from upstairs, and then told us I was working on your case, and we have approved you application and you are granted visa for 2 years after 2 years you can apply for indefinite leave to remain in the UK. the residency card will be sent to you in the post which will take up to 7 days, but you may get it with in 5 working days .

but they gave me paper at the beginning which has I have to agree and sign that the premium service doesn't guaranty reply in the same day.

That is all.

Bye


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## Joppa (Sep 7, 2009)

newlight1 said:


> Interesting, would DLR stll be available for spouses who applied before the new rules came into effect if they were refused FLR now? and the abolishment of DLR be unavailable to only those who applied after the new rules came into effect?


Possibly, but I'd imagine UKBA would use their discretion not to issue one if they can possibly help it (meeting targets etc).



> In terms of the New Rules, if a spouse for instance lost their jobs shortly before applying for FLR and could not meet the £18,600 They can appeal. If it fails, then they will be asked to leave the country, and if they don't go voluntarily, steps will be taken for their arrest, detention and deportation?


That would be the usual scenario, I'd think.


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