ILR/FLR confusion

Hi all, hope you can clear this situation up for me as I am not sure if I should apply for ILR or FLR.

My wife came to UK on a spouse visa on 12/05/10, applied for ILR on 18/04/12 but was refused due to her having an unspent conviction, she was granted 2 year FLR instead on 22/11/12 which is valid till 22/11/14.

Due to us having difficulties looking after our newborn child she had to go back to India to stay with her family, she left on 06/12/12 and stayed there till 05/07/14 which means that she spent a year and half of the 2 year FLR period outside UK.

We do not have any proof that the reason for the long stay in India was due to childcare, I have all the documents (travel, communication) proving that our marriage was still existing during the time she spent India and the conviction is now spent.

So Can we apply for ILR based on the two years she stayed here on the first spouse visa? Or do we have to apply for FLR due to her having stayed outside UK for long periods on her current FLR?

Thanks for reading and Hope you can help me out guys...

Ali.

Your dates appear to be incorrect. We haven't yet reached 5th July 14 given as her return date.

oops, its 05/06/14

As she's already completed 2 years as a spouse then she should be ok. B1 English and LIUK required. Proof of a subsisting relationship for any absences >6 months and proof of cohabitation.

much appreciated for your reply,

she has the LIUK from 2010 which I guess will still be valid?

and in regards to the conviction, she was fined by magistrates on May 2011 for an offence which took place on Nov 2010, am I right in believing the conviction will be considered spent after 3 years?

It is irrelevant whether or not the conviction is 'spent' as per the 1974 Act. So far as 24 months has lapsed since the conviction there should be no issue. Declare the conviction. It appears that she has been eligible for settlement since the rules changed in December 2012.

so the time she spent outside UK during her FLR period would not be an issue I take it?

sorry to dig this up again guys,

as we are coming closer to the expiry of the FLR I have made further enquiries at citizen advice bureau on the above matter and I was told UKBA would look at the most recent stay in the UK rather than the entire period since my wife came to the UK back in 2010 and was adviced to it's better to go for another FLR rather than ILR as the time she spent outside UK was such long period.

also spoke to a free legal advisor and he said she would have to complete 5 years before applying for ILR as the rules had changed in 2012.

my question is would the rule change affect her as she originally came here in 2010?? and is it better to apply for another FLR rather than ILR??

Thanks for taking time to read it and any help would be greatly appreciated.

Ali.