PBS Dep switching to ILR Dep.

Hi,

I just got my application for further leave to remain as Tier 2 Dependent approved today however, this time I have restriction of doctor/dentist in training attached. My husband got ILR last December and I kept myself on Tier 2 Dependent as I did not have restriction of training but I was not successful in achieving a training post and hence on extension have the restriction attached.

My questions are:
1.Do current rules allow me to switch into partner of settled person - FLR(M)? Especially that I just got my Tier 2 Dependent visa extended?
2.Can I apply as partner of UK citizen when my husband applies for citizenship this December?
3.I did not apply for FLR(M) as the immigration lawyer told us I was required to leave the UK to apply. This was not possible because I was interviewing for jobs and started employment for service jobs. Please advice if switching into FLR(M) is possible now to avoid restriction of training as a doctor.

You can apply for FLR(M) if you meet the requirements. Please note that it will reset your clock to zero for ILR and you will have to wait another 5 years on FLR(M) - 2 X 2.5 year visas (including health surcharge of £500 each time).

Your immigration 'lawyer' is wrong. There is no need to leave the country to apply as spouse of person settled. You can switch from within the UK.

Thank you CR001,

The guidance notes (https://www.gov.uk/government/uploads/s ... _04-15.pdf) on page 2 that says:
You must not use this form to make an application for an extension of stay in the following categories:
• As the partner of a serving member of HM Armed Forces under Appendix Armed Forces of the Immigration Rules. You must complete form FLR(AF).
• On the 10 year Partner route under Appendix FM of the Immigration Rules. You must complete form FLR(FP).
• As the partner of a person granted indefinite leave to remain in a work route, if you are currently in the UK as their dependant. See our website for further details: https://www.gov.uk/visas- immigration
What should I do?

2. What reason should I write in the Section 2 of the form where it asks:
2.3 Please indicate what stage of extension of leave you are applying for or why you are choosing to extend your current leave in one of the above categories.
Why you are choosing to extend your current leave - so I can work as doctor in training? Would this reason call for rejection?

2.1 - Spouse of a person present and settled in the UK and a biometric immigration document
2.2 - Yes
2.3 - You are making a first application from within the UK but have not previously had leave to enter/remain as a partner.

No explanation required.