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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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My wife is a non EU citizen. She applied FLR (M) visa

Customer Question

My wife is a non EU citizen. She applied FLR (M) visa in May last year. She is my full time carer. We did not meet the financial threshold. I am disabled and received PIP first time a week ago. I applied before my wife made her visa application. When we were rejected first time round we applied to appeal. We could not provide evidence at the time to show I was entitled to PIP. We have had leave to appeal rejected. What do we do?
Submitted: 1 year ago.
Category: Law
Expert:  UKSolicitorJA replied 1 year ago.
,

She may apply leave to remain in the UK using form FLR(O), such an application is based on Article 8 of the European Convention on Human Rights (right to private/family life).

She may also request fee waiver on human rights grounds. See the form here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/276050/flroappendix.pdf

Form FLR(O) appears here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/395564/FLR_O__Version_11-14_15.pdf

All the best
Customer: replied 1 year ago.

Can she apply O despite her passport being held by UKVI and her current UK visa having expired after she applied M?

Expert:  UKSolicitorJA replied 1 year ago.

Yes, she may apply using form FLR(O) and explain that her passport is with UKVI. It does not matter that her visa has expired.

Discretionary leave is just that, discretionary.

All the best

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