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Category: Immigration Law
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Experience:  UK Lawyer holding practising certficate for England & Wales.
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Howard, I got my ILR in Oct 2011 ( I was on tier 1 general

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Hi Howard , I got my ILR in Oct 2011 ( I was on tier 1 general for 5 years earlier), got married in Aug 2013 in India; got spouse visa on my ILR in Jan 2014 for my wife in India ( which mentions spouse/CR on the visa) which expires in Oct 2016. For further extension of the visa should I apply for PBS dependent or FLR-M and how will each change the time when she will get her ILR Please advice...Thanks
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Thomas replied 7 months ago.

Hi

You got your ILR before your wife applied for her visa. Is this correct?

Tom

Customer: replied 7 months ago.
Thats right...
Expert:  Thomas replied 7 months ago.

Hi

Thanks for your question. I will try to help.

If your wife applied for a spouse visa after you have obtained indefinite leave to remain then she would have to apply for an extension of her spouse visa.

This is because you are now regarded as “settled” in the UK as a result of your ILR, you are no longer regarded as a points based migrant.

As such the correct application form to use in order for your wife to extend her visa is FLR(M)

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 7 months ago.
Hi thr, TI would have thought so but when i tried to open the site for filling the FLR-M form then under the exceptions heading it mentions-" you may need to apply in a different way if your partner( that is myself) originally had temporary visa as a worker". The link for which is https://www.gov.uk/remain-in-uk-family. Thats what is confusing me, also please let me know whether my wife will be eligible for ILR following this visa if successfully granted for 2.5 yrs. Thanks
Expert:  Thomas replied 7 months ago.

Hi,

You were not a temporary worker, FLRM is the correct form.

Yes, your wife will be eligible for ILR once she reaches 5 years residence on her spouse visa.

Please remember to leave feedback

Tom

Customer: replied 7 months ago.
Hi,
Sorry to bother you again but if you follow that link further as below-
https://www.gov.uk/remain-in-uk-family/exceptions
It clearly says that "If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category." And further to that I settled in uk after having tier 1 General for 5 years.
I'm sorry to question it again and again as if my form gets rejected its not only lots of money but possibly then my wife has to leave the country. Please clarify.
Thanks
Expert:  Thomas replied 7 months ago.

Hi,

Sorry for the delayed response.

The .gov website is really confusing, I grant you, but the correct form is FLRM if you have ILR.

Tom

Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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Customer: replied 7 months ago.
Thanks..

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