FLR M Visa 2023 Guidance: Spouse Visa Extensions & Renewals
Our 12-Step Guide You Can Follow To Process Your Own FLR(M) Visa
Check that the FLR(M) visa is right for you and your partner
What is an FLR (M) visa?
An FLR(M) visa is essentially a UK partner visa application that is being made from inside the UK.
It is for applicants who are already currently in the UK on a long term visa (or a fiancé(e) or proposed civil partnership visa).
If the applicant does not currently have a long term visa, an application will have to be submitted from outside the UK (in which case, this Spouse visa UK 2023 guidance article will be helpful).
#1 A FLR (M) visa allows the person applying (the “applicant”) to REMAIN with their UK partner (the “sponsor”) in the UK for 30 months.
In other words, an FLR (M) application can only be submitted by those who are already inside the UK.
If you want to make a spouse visa application from outside of the UK, feel free to check out our spouse visa UK guide.
#2 A FLR M visa will allow the applicant to work in the UK.
Please note that if an applicant is currently on a UK fiance visa or proposed civil partnership visa and is applying for an FLR M visa, they will not be allowed to work until the applicant receives notification from the Home Office that their FLR M application has been granted.
#3 A FLR M visa can lead to Indefinite Leave to Remain (ILR) as well as British Citizenship.
Generally speaking, the applicant will need to be granted two spouse/FLR M visas.
This is because partner visa applications which satisfy the standard Immigration Rules will be issued 33 or 30-month partner visas on what is referred to as the 5-year route to settlement (Indefinite Leave to Remain).
Time spent in the UK on a fiancé(e) or proposed civil partnership visa does not count towards this 5 year period.
#4 A FLR M visa will not allow an applicant to claim most benefits, tax credits or housing assistance that are paid by the state.
Those who are in the UK on an FLR(M) visa are not permitted to receive ‘public funds‘.
‘Public funds’ are defined in paragraph 6 of the Immigration Rules and include:
- Carer’s allowance;
- Disability living allowance;
- Attendance allowance;
- Housing benefit;
- Income support;
- Child tax credit;
- Council tax benefit;
- State pension credit;
- Severe disablement allowance;
- Working tax credit;
- Jobseeker’s allowance;
- Personal Independence Payment; and
- Council tax reduction.
Who can apply for an FLR M visa?
In addition to satisfying the requirements discussed in this article, the applicant (the person applying) will need to be in a relationship with:
- A British or Irish citizen;
- A person who has Indefinite Leave to Remain (ILR) or Permanent Residency under EU law;
- A person who has been granted Settled Status under the EU Settlement Scheme;
- A person from the EU, Switzerland, Norway, Iceland or Liechtenstein with pre-settled status under the EU Settlement Scheme (& started living in the UK before 1 January 2021); or
- A person who is in the UK with refugee leave or with humanitarian protection.
In addition to this, the relationship must fall within one of the following to apply for an FLR(M) visa:
- Married partners (including those who were recently granted a fiance visa UK);
- Civil partners (including those who were recently granted a proposed UK civil partnership visa)
- Unmarried partners (who have lived with each other in a relationship akin to a marriage or civil partnership for at least two years before submitting the FLR(M) online application.
- Fiancé(e)s or proposed civil partners who have been unable to get married during the validity period of their 6-month fiancé(e) or proposed civil partnership visa but intend to do so within the next 6 months. For such fiancé(e)s or proposed civil partners, the FLR(M) application will only result in a 6-month visa.
Therefore, the following are the typical types of FLR(M) visa applicants:
#1 A person who has been previously been granted a spouse visa where they first applied outside the UK.
This includes same-sex couples and applicants who apply as unmarried partners.
If you want to submit an unmarried partner visa application from outside the UK, you may be interested in our Unmarried partner visa UK 2023 guidance article.
#2 A person who is in the UK on a non-partner visa who wants to switch into the partner visa category without leaving the UK.
To submit an application from inside the UK, the applicant must not be in the UK:
- As a visitor;
- With valid leave granted for a period of 6 months or less (unless they are in the UK with leave as a fiancé(e) or proposed civil partner; or
- In breach of immigration laws.
Therefore, those currently in the UK on the following non-partner visas can consider applying for an FLR(M) visa:
- Tier 1 visas
- Tier 2/skilled worker visas
- Tier 4/student visas
- Tier 5 visas (including those on a Tier 5 Youth Mobility Scheme visa which was issued for a period which exceeds 6 months)
Please note that the above list is not exhaustive
If the applicant is in the UK on one of the above visas and applies for an FLR(M) visa, this is technically known as ‘switching’ to the partner visa category.
It is important to note that if they switch to the partner visa category by submitting an ‘FLR(M) visa’ application, the 5-year Indefinite Leave to Remain (ILR) qualifying period will reset.
Switching from a Tier 2 (General) visa example
Mariah, a Ghanian national, was issued a Tier 2 (General) visa in 2018.
In 2018, however, she married her British husband and is now wondering whether to apply for an FLR(M) visa or not.
She can either:
- Wait until she has been in the UK for 5 years on a Tier 2 (General) visa and then apply for Indefinite Leave to Remain; or
- Make an FLR(M) application under the partner visa route.
If Mariah switches to the FLR(M) visa route, she will then have to wait another 5 years to apply for Indefinite Leave to Remain.
“What are the advantages of switching into the partner visa category using an FLR(M) visa?”
The biggest consideration for those switching is that they no longer have to abide by the requirements and conditions of their current non-partner visa.
Continuing from the above example, Mary will no longer have to limit her employment to companies that can sponsor her (which is a Tier 2 (General) visa requirement).
#3 A person who has previously applied for an FLR M visa and is seeking to extend their FLR(M) visa
Before the applicant submits their FLR(M) application, they should check whether they are eligible for Indefinite Leave to Remain.
When a spouse visa or FLR(M) visa is issued, a decision letter is normally issued which states whether the applicant was granted a visa on the 5-year route to Indefinite Leave to Remain or the 10-year route to Indefinite Leave to remain.
“What does the typical route to Indefinite Leave to Remain for partners look like?”
Generally, an Indefinite Leave to remain application is made after:
- An out of country spouse visa UK application (which is normally valid for 33 months) + an FLR(M) visa (which is normally valid for 30 months); OR
- Two FLR(M) visas.
“When will I be granted a partner visa on the 10-year route to indefinite leave to remain?”
It is usually the case that partners who were granted a partner visa on the 10-year route did not meet all of the requirements in a previous application.
Usually, they overlooked a financial requirement or were granted a visa based on their private or family life.
Please also note:
Partners who have submitted a spouse visa extension too early may have to make a third spouse visa application to meet the 5-year qualifying period.
We discuss this in step 3 below.
#4 A person who entered the UK on a fiancé or proposed civil partner visa.
It should be noted here that time spent in the UK on a fiancé visa does not count towards the 5-year qualifying period for Indefinite Leave to Remain (ILR).
How much will an FLR M visa cost?
#1 The FLR M Home Office fee is £1,048.
For a more detailed account of the FLR(M) spouse visa extension fees and costs in 2023, check this article here.
#2 The cost of the Immigration Health Surcharge is £1,560.
This is a compulsory fee that provides applicants with access to the National Health Service (NHS) for the duration of their FLR M visa.
#3 The average immigration lawyer fee varies between £1,000 and £3,000+.
We charge a fixed fee of £2,250 for full legal representation.
Ed Lowe provides this service and previously worked in the heart of the Home Office (in his position as a senior Home Office manager).
For those who want to apply for the FLR (M) application themselves, we offer a unique DIY Application Pack service for £435.
Our DIY Application Pack service will provide you with a clear and detailed document checklist that has been created by one of our immigration lawyers.
This document checklist, as well as the professionally written letter templates that we will also provide, will be custom tailored according to the information you provide us.
#4 If you would like the ‘priority’ decision service, this will cost an additional £500.
The priority service will reduce the amount of time that you are expected to wait to process your visa from 6-8 weeks to 5 working days.
Please note, however, that the priority service is almost never available and therefore partners often opt for the super-priority decision service (see below).
#5 If you would like the ‘super-priority’ decision service, this will cost an additional £1,000.
The super-priority service will normally provide you with a decision the next working day after attending the visa appointment.
How long will an FLR M visa take?
#1 Collecting all the required documents required can take some time – often longer than expected.
This is especially the case with financial documentation and is something that should be planned well in advance.
#2 Once received, the Home Office generally take between 6-8 weeks to process FLR(M) visa applications.
Applicants do not have to worry about their current visa expiring and becoming an overstayer due to the 6-8 week processing time – as long as the applicant submits the application (by paying the Home Office fees) before their current visa expires. This is because of section 3C of the Immigration Act 1971.
#1 An applicant has been given a DEPORTATION ORDER.
#2 An applicant has been convicted of an offence for which they have been sentenced to JAIL for a significant amount of time. For more information on this point, check S-LTD.1.3 & S-LTD.1.4 of Appendix FM.
#3 An applicant’s previous BEHAVIOUR makes it undesirable to grant them a spouse visa. For more information on this point, check S-LTD.1.5 & S-LTD.1.6 of Appendix FM.
#4 An applicant has failed without reasonable excuse to comply with a requirement to-
(a) attend an interview;
(b) provide information;
(c) provide physical data; or
(d) undergo a medical examination or provide a medical report.
#5 An applicant’s permission to remain in the UK is deemed to be bad for the public good because of reasons relating to the Refugee Convention. For more information on this point, check S-LTD.1.8 of Appendix FM.
#1 An applicant’s application has previously included FALSE INFORMATION, REPRESENTATIONS or DOCUMENTS or did NOT include IMPORTANT FACTS.
#2 A maintenance and accommodation undertaking has NOT been provided
#3 An applicant has a bad CRIMINAL HISTORY
#4 An applicant has failed to pay LITIGATION COSTS awarded to the Home Office
#5 An applicant has NOT paid NHS charges that exceed £500
Make sure you know when to submit the application
Knowing when to submit the FLR(M) application is important to know.
Not knowing can lead to your application being refused and it can cost you several thousand £s extra in Home Office fees.
We discuss the date of application in part 1 of our free video series.
When is the ‘date of application’?
This is the date that you pay for the Home Office fees on the online FLR(M) application website.
#1 The date of application for the FLR(M) application should be before the expiration of the current UK visa.
Remember, not all applicants can submit an FLR(M) application.
If the applicant’s current UK visa does not allow them to submit an FLR(M) application (e.g., if they have a UK visitor visa), the applicant will be expected to their home country (or country of legal residence) and submit the application the out-of-country application there.
In such a case, this out-of-country guide here will be more relevant to you.
“Does my appointment at the visa centre have to be before my visa expires?”
No.
As long as you submit and pay the Home Office fees on the online FLR(M) application before the expiration of your current visa, then your appointment at the visa centre can be one, two or even three weeks after the expiration of your visa.
This is because the ‘date of application’ will be before the expiration of your visa.
There is no strict time limit with regards to the date of your appointment at the visa centre, although we would recommend not leaving it too long.
“What if my visa expires whilst I am waiting for the Home Office to make their decision?”
As long as you submit and pay the Home Office fees on the FLR(M) online application before the expiration of your current visa, then this is not something that you should worry about.
This is because of a law called ‘section 3C leave’ which will extend the applicant’s current visa until the FLR(M) application has been decided (or is withdrawn).
#2 If you are currently in the UK on a spouse visa, the date of application should often not be more than 28 days before your current spouse visa expires
This is because if you apply earlier than this (e.g. you apply on the 1 November when the spouse visa expires on the 31st December), then you may have to submit another (unnecessary) FLR(M) visa to reach the 5-year qualifying period.
The 5-year qualifying period (which is essentially 2 spouse visas) is the amount of time that is required to make the application for Indefinite Leave to Remain (ILR), assuming that in those two applications, all of the requirements are met.
I like to use this website to calculate days between dates.
I would also suggest treating the 28-day rule as a 26-day rule (just so you are on the safe side in the unlikely event of a miscalculation).
#3 If you are currently in the UK on a UK fiancé(e) visa or on another type of visa (i.e. a skilled worker visa), the date of application can be at any time before the expiration of the current fiancé(e) visa.
This is because these visas (including fiancé(e) visas) do not count towards the 5-year qualifying period that is required to obtain Indefinite Leave to Remain (ILR) under the partner route.
Make sure that you meet these FLR M relationship requirements
#1 The applicant and UK partner must have met in person.
#2 Both the applicant and UK partner must be aged 18 or over at the date of the application.
#3 Both the applicant and UK partner must intend to live permanently in the UK together.
#4 The UK partner must be one of the following:
- A British Citizen in the UK; or
- ‘Present’ and ‘Settled’ in the UK; or
- Someone who has been granted Settled Status under the EU Settlement Scheme; or
- Someone from the EU, Switzerland, Norway, Iceland or Liechtenstein with pre-settled status under the EU Settlement Scheme (& started living in the UK before 1 January 2021); or
- In the UK with refugee leave or with humanitarian protection.
- Someone who has been granted limited leave as a worker or business person under Appendix ECAA Extension of Stay
“Does ‘present’ mean that the UK partner/sponsor has to be inside the UK when the application is made?”
Not necessarily.
As stated by Home Office guidance, ‘present and settled’ means that the sponsor is either:
-settled in the UK and, at the same time that an application under the Immigration Rules is made, is physically present in the UK; or,
-is coming to the UK with or to join the applicant and intends to make the UK their home with the applicant if the application is successful.
#5 The applicant and UK partner must not be in a relationship that is prohibited by the Home Office.
The Marriage Act 1949
The Marriage Act 1949 prohibits marriages between the following relationships:
Prohibited relationships for a man:
- Mother;
- Daughter;
- Father’s mother;
- Mother’s mother;
- Son’s daughter;
- Daughter’s daughter;
- Sister;
- Father’s sister;
- Mother’s sister;
- Brother’s daughter; and
- Sister’s daughter.
Prohibited relationships for a woman:
- Father;
- Son;
- Father’s father;
- Mother’s father;
- Son’s son;
- Daughter’s son;
- Brother;
- Father’s brother;
- Mother’s brother;
- Brother’s son; and
- Sister’s son.
The Marriage (Prohibited Degrees of Relationship) Act 1986 prohibits marriage between the following:
- Mother of former wife, until the death of both the former wife and the father of the former wife;
- Father of former husband, until after the death of both the former husband and the mother of the former husband;
- Former wife of son, until after the death of both his son and the mother of his son;
- Former husband of a daughter, until after the death of both her daughter and the father of her daughter.
#6 The relationship between the applicant and UK partner must be ‘genuine’ and ‘subsisting’.
The Home Office caseworker will make this decision in light of all of the circumstances.
#7 The relationship between the applicant and partner must fall within the definition of a ‘partner’ in the Immigration Rules
The Immigration Rules define partners as:
- Married partners
- Civil partners
- Unmarried partners who have been living with each other in a relationship ‘akin to a marriage or civil partnership for at least two years before the date of application’
Note:
Fiancé(e)s and proposed civil partners also fall within the definition of a partner in the Immigration Rules, however, it is only applicants who have been granted a UK fiancé(e) visa or proposed civil partnership visa who have been unable to get married or enter into a civil partnership during the 6 months UK fiancé(e) visa or proposed civil partnership visa who can apply for an FLR(M) application as a fiancé(e).
Such applicants can then apply for a 6-month extension to their current UK fiancé or proposed civil partnership visa.
The vast majority of applicants who were granted a UK fiancé(e) visa will be applying for a 30-month FLR(M) visa as a married or civil partner since they will have married or entered into a civil partnership prior to submitting the application.
#8 The previous legally recognised relationships of the applicant or sponsor must have broken down permanently
As long as the previous relationship(s) does not fall within one of the very few exceptions, you will need to evidence that the previous relationship(s) have legally ended.
This can be done, for instance, by providing a decree absolute – or overseas equivalent – for previous marriages.
Make sure that you meet the English language requirement for FLR M visas in 2023
#1 Where the applicant is from any of the following countries, they will just need to include their passport to satisfy the English language requirement:
- Antigua and Barbuda;
- Australia;
- the Bahamas;
- Barbados;
- Belize;
- The British Overseas Territories;
- Canada;
- Dominica;
- Grenada;
- Guyana;
- Jamaica;
- Malta;
- New Zealand;
- St Kitts and Nevis;
- St Lucia;
- St Vincent and the Grenadines;
- Trinidad and Tobago; or
- the United States of America.
The reason for this is that applicants will be deemed to be a national of a Home Office-designated majority English-speaking country.
#2 Where any of the following apply, applicants will NOT have to take the English language test:
i) If the applicant is 65 years or over at the date of application; OR
ii) If the applicant has a disability (either physical or mental) that stops them from taking the English language test; OR
iii) If the applicant has exceptional & compassionate circumstances that stop them from satisfying the English language requirement. Please note that this is a rather high threshold and you should be careful relying on this.
#3 Where an applicant has an academic English-taught degree, Master’s degree or PhD from a UK university inside the UK, this degree certificate will satisfy the English language requirement.
#4 Where an applicant has an equivalent to a Bachelor’s, Master’s degree or PhD that was taught in English outside the UK, this can be used to satisfy the English language requirement.
However, unlike degrees that were obtained from UK universities in the UK (discussed at #3 above), you will also need to accompany this with documentation from Ecctis (previously UK NARIC).
With this being said, most partners prefer just to sit the English language test as opposed to going through the Ecctis process.
#5 If none of the above applies, applicants must pass an approved English language test.
As we discuss in part 1 of our free video series, this test must be on the list of Home Office Approved Secure English language tests (SELT) in 2023.
First-time partner visa applications
For partners who are applying for leave to remain for the first time as a married, civil or unmarried partner, the test must be at least A1 level of the Common European Framework of Reference for Languages (CEFR).
Angela is currently in the UK on a Tier 5 (Youth Mobility Scheme (YMS)) visa.
Angela recently married Pete, a British national.
Since this will be the first time she is applying for leave to remain ‘as a married partner’, the required level of English test she will need to meet is the A1 level.
Spouse visa extensions
For partners who have already been granted a UK visa as a partner and are extending it after 2.5 years, the test must be at least A2 level.
Henry is currently in the UK on a UK spouse visa.
The first UK spouse visa application was made from outside the UK.
Henry was successfully granted a UK spouse visa 2 years and 3 months ago.
By the time Henry will want to submit his application (within 28 days of his current UK spouse visa expiring), he will technically be extending this visa after 2.5 years.
Like many partners who apply for their first UK spouse visa, Henry passed an A1 English language test and will therefore have to sit another test which is at least A2 level.
However, Henry will need to pass an A2 test before he submits his FLR(M) application.
Fiancé(e) -> FLR(M) visa applications
For married partners who are currently in the UK on a fiancé(e) visa and are applying for an FLR(M) visa, the same English language test (at A1 level or above) can be used – you do not have to sit another English language test for this application.
Jenny was granted a UK fiance visa 3 months ago and is currently in the UK.
As she is not from a majority English speaking country, she sat the A1 test to satisfy the requirements for her UK fiancé(e) visa.
Jenny can use the same A1 test that she used in her fiancé(e) visa application – she does not need to sit another English language test for this application.
Gather the documents relating to the FLR M accommodation requirement
The documents that you will need to submit to meet the FLR(M) accommodation requirement will depend on you and your partner’s accommodation circumstances.
Furthermore, it is extremely important to know that accommodation cannot be prospective – we discuss this in part 3 of our free 3-part video series.
Our FLR(M) DIY Application Pack service tend to break this down into four categories:
i) Partners who rent the UK accommodation where they live/intend to live;
ii) Partners who own the UK accommodation where they live/intend to live;
iii) Partners who live at a family or friend’s UK accommodation which is rented; and
iv) Partners who live at a family or friend’s UK accommodation which is owned.
It is important to note the following two things regarding the accommodation requirement:
i) You should provide evidence that you have a legal right to reside in the accommodation that you choose to rely on.
ii) Accommodation must be ‘adequate’.
Accommodation will not be adequate here if it is either ‘overcrowded’ (as defined by the Housing Act 1985) or if it does not meet public health & safety regulations.
Make sure that you satisfy the FLR M financial requirements in 2023
The spouse visa UK financial requirement in 2023 is, unfortunately, the biggest cause of refusal for FLR(M) applications.
Because of this, we have recently created an article that focuses more on this in (even) greater detail here.
We also discuss numerous financial requirement related mistakes that you should avoid making in our free video series.
It is first important to note four things in particular:
i) Applicants can include their income towards satisfying the financial requirement.
ii) The applicant does NOT necessarily have to satisfy the financial requirement via their income alone. It is fine if the sponsor satisfies the financial requirement alone.
iii) Likewise, the sponsor does NOT have to satisfy the financial requirement alone. It is fine if the applicant meets the financial requirement alone.
iv) It is also fine if the financial requirement is met by combining the applicant and sponsor’s income. On this point, as we discuss here, certain incomes cannot be combined.
You should ask yourself these five questions:
#1 What is the required total annual income amount that needs to be evidenced?
The applicant and UK partner will need to show a total gross annual income of £18,600, unless:
i) The UK partner (or child) receives any of the following benefits: Disability Living Allowance; Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; Severe Disablement Allowance; Industrial Injury Disablement Benefit; Attendance Allowance; Carer’s Allowance;) Personal Independence Payment; Attendance Allowance; or Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
This is because the adequate maintenance requirement will apply instead.
OR
ii) The applicant or UK partner has £16,000 or more in cash savings that have been in the applicant’s or UK partner’s control for 6 months or more, at the date the application is submitted. If the amount of cash amounted to £62,500 or higher, this meets the financial requirement alone. If there are cash savings of less than £62,500 (but more than £16,000), this will reduce the amount of annual income required.
Where the applicant or UK partner only has dependent children that are below the age of 18 and are British or are EEA nationals with the right to remain:
A gross annual income of £18,600 is required, unless:
i) The UK partner receives any of the following benefits: Disability Living Allowance; Severe Disablement Allowance; Industrial Injury Disablement Benefit; Attendance Allowance; Carer’s Allowance;) Personal Independence Payment; Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; or Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
This is because the adequate maintenance requirement will apply instead.
OR
ii) The applicant or UK partner has £16,000 or more in a bank account that has been in their control for 6 months or more, at the date the application is submitted.
If the amount of cash amounted to £62,500 or higher, then this meets the financial requirement alone. If there are cash savings of less than £62,500 (but more than £16,000), this will reduce the amount of annual income required.
Where the applicant or UK partner is applying with dependent children who are below the age of 18 and are NOT British nor are EEA nationals with the right to remain:
An annual income of £22,400 (plus £2,400 for any additional child to the first) is required, unless:
i) The UK partner (or child) receives any of the following benefits: Disability Living Allowance; Severe Disablement Allowance; Industrial Injury Disablement Benefit; Attendance Allowance; Carer’s Allowance;) Personal Independence Payment; Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; or Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
OR
ii) The applicant or UK partner has significant cash savings.
This can certainly make meeting the financial requirement easier for partners. This article discusses how cash savings can be used to meet or reduce the financial requirement.
If the UK partner receives any of the following permitted benefits, then the minimum income threshold of £18,600+ does not apply:
- Disability Living Allowance;
- Personal Independence Payment;
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme;
- Severe Disablement Allowance;
- Industrial Injury Disablement Benefit;
- Attendance Allowance;
- Carer’s Allowance;
- Constant Attendance Allowance;
- Mobility Supplement or
- War Disablement Pension under the War Pensions Scheme.
The lower standard of ‘adequate maintenance‘ applies in its place.
#2 What sources of income can be included in the financial requirement?
The financial requirement can be met using the following sources of income:
Salaried employment is usually paid at a minimum fixed rate amount annually and is contracted to a minimum amount of hours that have to be worked.
Non-salaried employment is usually paid at an hourly or another rate, or paid a fee which differs depending on the work undertaken. Unlike that of someone in salaried employment, the number and/or pattern of hours required to be worked may vary.
It is open for cash savings to contribute towards the financial requirement when £16,000 has been held in the applicant or UK partner’s bank for longer than 6 months.
Note: Cash savings can’t be combined with the gross annual income received from self-employment.
We have made a separate post about cash savings here.
We also discuss cash savings in part 3 of our free video series.
“Which employment income category?”
For you to ensure that you meet the financial requirement via employment income, you need to know which Category you will be including it under.
Getting this wrong can result in refusal because:
- The calculation of the gross annual income is completely different;
- The supporting documents are completely different; and
- Some categories of income will allow you to combine certain income sources whilst others do not.
Employment income can be included under four categories – categories A, B, F and G.
To find out exactly what income you should rely on, read our article Category A or B, F or G? [UK Visa Financial Requirements Guide].
If you prefer information in a video format, we provide a step-by-step breakdown to identifying whether a company is a specified limited company (in which case Categories F and G are relevant) in part 2 of our free video series.
Self-employment under the Immigration Rules specifically relates to those who are self-employed as a sole trader, as a partnership or in a franchise.
Self-employment income is not the same as income from a company that you or a family member owns
This is incredibly important to know and is a common mistake that results in refusals.
Check our Specified Limited Company Guidance [Sole Directors, Owners and Employees] article and part 2 of our free video series which discusses this in more detail.
More information about pension income can be found in our spouse visa UK financial requirement in 2023 guidance article.
A comprehensive step-by-step account of the adequate maintenance requirement can be found in our Adequate Maintenance Guidance for UK visas [2022 REQUIREMENTS] article.
You can also include certain “non-employment” income under Category C
This includes:
- Income from investments, stocks and shares, trust funds or bonds
- Maintenance payments from former partners
- Undergraduate or postgraduate maintenance stipends or grants
- Property rental
- Interest from savings
- Ongoing royalty payments, insurance payments and payments from a structured legal settlement
- UK Maternity Allowance, Widowed Parent’s Allowance, Bereavement Allowance and Bereavement Payment
- Payments under the Armed Forces Compensation Scheme, the Armed Forces Attributable Benefits Scheme & War Pensions Scheme
#3 What is the relevant period that the above amount needs to be earned?
This depends on how the applicant and/or UK partner meet the financial threshold.
You need to know if the employing company is a specified limited company or not – more information on this can be found here.
Income from a ‘specified limited company’
The relevant financial period will be the ‘last full financial year’, which is the year the company prepares the accounts that get submitted to the HMRC and Companies House. It is also the same period as covered by a form CT600, which corresponds to the 12-month accounting year of the UK partner’s company.
The term ‘last full financial year’ here means the most recent year. It does NOT mean the ‘last full financial year’ that is required to submit by UK tax law. Therefore, the UK partner may be required to submit the accounts earlier than he or she necessarily would have otherwise done.
Income from a non-specified limited company
i) Where the applicant or UK partner has been employed for 6 months or longer
That person can choose to base their gross annual income over the past 6 months (under Category A), or over the past 12 months (under Category B).
ii) Where the applicant or UK partner has been employed for fewer than 6 months
That person MUST base their gross annual income over the past 12 months (under Category B).
The difference between Category A and B is discussed in detail here.
That person must have met the financial requirement either in the last full financial year (under Category F), or in the last two full financial years (under Category G).
The relevant financial year(s) will be that covered by the self-assessment tax return and in the UK this runs from 6 April to 5 April the following year.
More information about including income from self-employment can be found here.
The ‘last full financial year’ will be the relevant period.
This is the year that the company submits the accounts to HMRC.
It is also the same period as covered by a form CT600, which is the same period as the 12-month accounting year of the applicant’s or UK partner’s company.
The term ‘last full financial year’ in terms of the Immigration Rules means the most recent year.
Contrary to popular belief, it does NOT mean the ‘last full financial year’ that is required to submit by UK tax law.
The result of this is that the applicant or UK partner may be required to submit the accounts earlier than he or she necessarily would have otherwise done.
More information relating to this can be found in this article here and in part 2 of our free video series.
The cash savings must have been held for 6 months.
During these 6 months, the cash savings must NOT drop below the required amount.
We discuss cash savings in part 3 of our free video series.
This depends on what sources of income are being relied on to meet the adequate maintenance test.
#4 How do the Home Office calculate the gross annual income?
The methods differ according to the applicant’s or UK partner’s employment status.
Salaried employment is paid at a minimum fixed rate (usually annually) and is subject usually to a contractual minimum number of hours to be worked.
Income from a ‘specified limited company’
The gross annual income will be the gross total of the salary and/or dividends received in the company’s last full financial year, or if the applicant/sponsor prefers, the ‘mean’ average of the last two full financial years.
Income from a non-specified limited company
There are two options that the applicant or UK partner can choose from.
Option 1 (Category A)
They multiply the lowest level of annual salary received in the 6 months before the date of application.
This is the income from salaried employment that can be counted towards the financial requirement.
Option 2 (Category B)
Here, the financial requirement must be met and evidenced in two parts.
Part 1: Your gross annual salary, when you apply, must be higher than the financial requirement that applies (usually £18,600).
- If the salary is received every month, they multiply the last salary received by 12
- If the salary is received every week, they multiply the last salary received by 52
- There is no required period for this current employment
Part 2: The applicant or UK partner must have received, in the past 12 months before the date of application, more than the financial requirement that applies.
This is the income from salaried employment that can be counted towards the financial requirement.
Income from a ‘specified limited company’
The gross annual income will be the gross total of the salary and/or dividends received in the company’s last full financial year, or if the applicant/sponsor prefers, the ‘mean’ average of the last two full financial years.
Income from a non-specified limited company
Here, the financial requirement must be met and evidenced in two parts under Category B.
Part 1: Your gross annual salary, when you apply, must be higher than the financial requirement that applies (usually £18,600).
- If the salary is received every month, they multiply the last salary received by 12
- If the salary is received every week, they multiply the last salary received by 52
- There is no required period for this current employment
Part 2: The applicant or UK partner (combined) must have received in the past 12 months before the date of application more than the financial requirement that applies to them.
This is the income from salaried employment that can be counted towards the financial requirement.
Non-salaried employment is generally paid at an hourly or another rate, rather than an annual rate. The amount which he or she will receive will differ depending on the amount of work undertaken. Unlike that of salaried employment, the number and/or pattern of hours required to work will differ.
Income from a ‘specified limited company’
The gross annual income will be the gross total of the salary and/or dividends received in the company’s last full financial year, or if the applicant/sponsor prefers, the ‘mean’ average of the last two full financial years.
Income from a non-specified limited company
If you choose to base the application on 6 month’s employment earnings (under Category A):
#1 They combine up all the gross (before tax) income from employment in the 6 months before the application is submitted
#2 They then divide this total by 6
#3 They will then multiply this number by 12
This amount is the income from non-salaried employment that can be counted to meet the financial requirement.
If the company that employs the applicant or UK partner IS owned by either the UK partner, the applicant or by the UK partner or applicant’s family AND any remaining shares are held by fewer than five other persons
The gross annual income will be the gross total of the salary and/or dividends received in the company’s last full financial year, or if the applicant/sponsor prefers, the ‘mean’ average of the last two full financial years.
If the company that employs the applicant or UK partner is NOT owned by either the UK partner, the applicant or by the UK partner’s or applicant’s family
Two requirements need to be met under Category B.
Requirement 1: Your ‘annualised average’ for non-salaried employment must be higher than the financial requirement that applies (normally £18,600).
To calculate the ‘annualised average’, Home Office caseworkers do the following:
#1 They combine up all the gross (before tax) income from employment in the period before the date of application for which employment has been held
#2 They then divide this total by:
i) the number of months that the person has worked there (if payment is received every month); or
ii) the number of weeks the person has worked there (if payment is received every week); or
iii) the number of days the person has worked there (if payment is received daily).
#3 If the above number was divided by the number of months, they will then multiply the result by 12.
If the above number was divided by the number of weeks, they will then multiply the result by 52.
If the above number was divided by the number of days, they will then multiply the result by 365.
This amount is the ‘annualised average’ from non-salaried employment that must be higher than the financial requirement that applies.
Requirement 2: In the past 12 months before the date of application, the income received must be higher than the financial threshold that applies to the application.
The total income that can be used towards the financial requirement will be the gross taxable profits from the share of the business in the relevant financial year(s).
It is important to note that neither the applicant nor UK partner can include any expenses, deductible allowances or liability that may be applied to the gross taxable profits to establish the final tax liability.
Make sure that this is clarified with an accountant.
The gross annual income will be the gross total of the salary and/or dividends received in the company’s last full financial year, or if the applicant/sponsor prefers, the ‘mean’ average of the last two full financial years.
As we discuss in part 2 of our free video series, it would be a mistake to rely on something other than the salary and/or dividends (such as the company’s revenue/profits or director’s loan repayments).
#5 What financial documents have to be submitted?
The financial documents that you are required to submit depend entirely on how you meet the financial requirement.
Not only does the source of income determine the required documents, but certain peculiarities can completely change the documentation that the Home Office state that you ‘must’ submit.
“How do I find out what documents I need to include?”
Two main Home Office documents absolutely should be read.
Reading these documents will not only tell you what financial documents you need to submit, but it will also tell you the rules that apply to each of these financial documents.
Since the main cause of partner visa refusals is not including the correct financial documents, but the financial documents not complying with specific supporting document rules, it is incredibly important that you read Appendix FM-SE, Appendix FM 1.7. & Appendix FM 1.7a (if the adequate maintenance test applies) in detail.
What is Appendix FM 1.7?
Appendix FM 1.7. is a document published by the Home Office that discusses the financial requirement as it applies to FLR(M) applications (as well as out of country spouse visa applications).
This is where you will want to start because it is phrased in much more understandable language when compared to Appendix FM-SE.
Appendix FM 1.7. will discuss two important aspects of the financial requirement:
- Financial documents that should be submitted; and
- Specific rules regarding financial documentation.
Where the information in Appendix FM 1.7. is different to Appendix FM-SE, it is the rules in Appendix FM-SE that will be applied in your application.
What is Appendix FM-SE?
Appendix FM-SE is part of the Immigration Rules, which is why what is said here will override any inconsistencies between this and Appendix FM 1.7.
This is the most important material that discusses the financial requirements of FLR(M) visas that partners are expected to read.
Similarly to Appendix FM 1.7, Appendix FM-SE talks about:
- Financial documents that should be submitted; and
- Specific rules regarding financial documentation.
What is Appendix FM 1.7a?
With regards to the financial requirement, Appendix FM 1.7a is only relevant to your application if the UK partner receives one of the following benefits:
- Disability Living Allowance.
- Severe Disablement Allowance.
- Industrial Injury Disablement Benefit.
- Attendance Allowance.
- Carer’s Allowance.
- Personal Independence Payment.
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
This is because, where one of the benefits is received, the minimum income threshold (£18,600+) no longer applies and instead the relevant test is the ‘adequate maintenance’ test.
Write supporting letters for your FLR (M) visa
You should write supporting letters and include these in your application.
There are two main benefits of writing comprehensive supporting letters.
i) It provides an overview of how you meet the requirements (which makes the Home Office caseworker’s job easier); and
ii) Supporting letters will allow you to provide relevant information and elaborate on your FLR(M) application form answers.
In these support letters, among other things, applicants and UK partners can write about the following:
- How the financial requirement is met
- How the accommodation requirement is met
- How the relationship requirement is met
- The development of the applicant and UK partner’s relationship
If you would like to save time and receive professionally written supporting letters, these are included in our DIY Application Pack service.
Start completing the online FLR M application form
The latest online FLR(M) application form will be found under the headings ‘How to apply’->’In the UK’ on this page here.
Make sure you submit the right supporting documents – The FLR M document checklist for 2023
The good news is that the online application website, as you progress through the application, will provide you with a list of documents that can be submitted in the application.
However, the biggest mistake that partners make is simply providing these documents without reading into Appendix FM 1.7. and Appendix FM-SE.
Not reading Appendix FM 1.7. and Appendix FM-SE before submitting your application is taking a huge and unnecessary risk for two reasons.
Reason 1 – The FLR(M) document checklist given to you on the online application website is not always comprehensive.
As we discuss in part 1 of our free video series, since the document checklist is not an exhaustive list, in some instances, it will not list documents that will be required.
Additionally, it will not always list documents that should be submitted to have the strongest application possible.
Reason 2 – The FLR(M) document checklist given to you on the online application website does not inform you of the rules that apply specifically to certain documentation.
Unfortunately, the Home Office have strict rules regarding specific documents.
It is for this reason that we would strongly recommend reading Appendix FM 1.7 and Appendix FM-SE in detail.
“Can you tell me what documents I should submit based on my circumstances, as well as the specific rules that apply to the documents I have to submit?”
We do just this in our FLR(M) visa DIY application pack service.
With this service, we will provide you with a detailed document checklist (& a set of letter templates that you can use) based on the information you provide us.
Our professionally written document checklist and letter templates are clear, and comprehensive and have been relied on successfully in thousands of applications.
Pay the Immigration Health Surcharge (IHS)
The Immigration Health Surcharge is a compulsory fee (i.e. this must be paid) and amounts to £1,560.
Please note that, as we discuss in our spouse visa UK fees in 2023 article, the IHS is expected to increase in the near future.
Submit (& pay) for the FLR M application
The FLR M application is submitted by paying the Home Office fee on the FLR M application website.
After payment has been made, you will then be sent to the UKVCAS/Sopra Steria website which will allow you to book your appointment to attend the visa centre in person.
For more information about this process, check out our article “UKVCAS / Sopra Steria Guidance [STEP-BY-STEP GUIDE FOR 2023]“.
At this visa centre appointment, you will provide your biometric information.
“How do I submit the supporting documents?”
There are two options.
Firstly, you can choose to upload the supporting documentation online, via the official website.
Secondly, you can choose to scan the supporting documents at the UK visa centre for an added fee.
Out of the two options, I’d recommend the former – uploading the supporting documentation.
Whilst the online uploading portal used to have an insufferable amount of issues, it now tends to run comparatively smooth.
“Do we get to keep our original documents?”
Fortunately, yes.
Gone are the days that you have to lose possession of your original documents, which is a huge relief as the Home Office have been known to lose thousands of partner visa’s original documentation in the past.
Even though you will normally be able to keep your passports whilst the Home Office process the visa, the applicant, in particular, should avoid travelling as this may result in the FLR(M) application being withdrawn.
“How long will I need to wait to get a decision?
This depends on whether you choose to pay for the super priority service.
If you do opt for the standard service, you should expect to hear back from the Home Office within 6-8 weeks.
If you pay an extra £1,000 for the super priority service, the expected time frame depends on whether your visa centre appointment is on a weekday or weekend.
If your visa centre appointment is on a weekday (Monday-Friday), you should hear back from the home office by the end of the next working day.
If your visa centre appointment is on a weekend, you should hear back from the home office within 2 working days.
“What will happen after the visa appointment?”
Once a decision has been made, the Home Office will sometimes send you an email (to the same email you provided on the online application form).
Regardless of whether you get an email or not, you will get a decision letter in the post that will look something like this:
At or around the same time as receiving the decision letter, you will also probably receive a letter notifying you that your Biometric Residence Permit (which is essentially your visa on a purple plastic card) will normally be sent to you within 7-10 working days of the date of decision (which can be seen on the decision letter that was sent to you).
The standard BRP notification letter looks like this:
Frequently Asked Questions
What FLR(M) visa requirement causes the most difficulties?
It is the financial requirement that is the biggest cause of FLR(M) visa refusals. Because of this, you really must take the time to learn the relevant Immigration Rules as they apply to your application (our free guides will certainly help with this).
Is an immigration lawyer required to submit an FLR(M) visa application?
No – an immigration lawyer is not required. With this being said, you need to make sure that you are fully aware of the relevant FLR(M) visa requirements (which are discussed in detail on this website).
Is original supporting documentation required?
The good news is that recent changes in the Immigration Rules mean that original supporting documentation is not required for the majority of applications. Rather, you are perfectly able to submit copies of supporting documents in your application.
How are the supporting documents submitted?
There are normally several options that are presented to you. Most commonly, you will be able to choose to upload the documents via the online application website or use the Assisted Document Scanning service at one of the UK visa centres.
Need any help?
We hope you found our guide helpful.
If you would like us to help you with your application from start to finish, we offer a full legal representation service.
Our full legal representation service is offered by Ed Lowe, Matthew French and Wendy Foy. All three have worked in the heart of the Home Office for many years.
Since we are also unique in that we only offer services relating to UK partner visas, we are extremely well placed to help our clients in the most efficient way possible.
If, on the other hand, you want to deal with your application yourselves, our DIY Application Pack Service is currently priced at £435.
