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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi, my wife's spouse visa is expiring soon on 2 January 2015.

Resolved Question:

Hi, my wife's spouse visa is expiring soon on 2 January 2015. But she qualifies for Indefinite leave to Remain but we don't have the relevant qualifications yet such as Life In The UK Test. So we want to know if we apply for FLR instead can we then still apply for ILR straight after we receive the visa for FLR in a few months time?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Yes, provided that your wife still meets the spouse visa eligibility requirements under which she was previously granted her visa then you can apply for further leave to remain by using form FLR(M).
She will be granted further leave and once you have your qualifications for ILR you can apply after this time provided that you meet the eligibility criteria for ILR at the time you submit her ILR application.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

Hi Tom,

Thanks for your reply, Just to clarify. My wife qualifies for ILR after 2 years because her visa was applied for before 9th July 2012. By getting an FLR now does this affect the 2 year period?

I'm seeking confirmation that she will be able to apply for ILR at any time once she has been granted further leave i.e. straight away (assuming she has the relevant qualifications).

Expert:  Thomas replied 2 years ago.
Hi,
I would say yes, because the requirement is that she must have applied for her family of a settled person (ie. a spouse) visa in order to qualify under the old rules. She would meet this now and also after her extension and therefore I would expect them to allow the applicaiton for FLR and then ILR on this basis.
Under the old rules, a person could extent their leave to remain in this way.
Tom
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