spouse visa is expiring, how can he extend?

[gracewu]

I have been living in UK for more than 10 years. I recently sent my application for 10-years settlement to Home Office in January 2010 and haven't got any results yet.

My husband is here and holding a dependent visa. His visa is going to be expired in July. I am so worried. If the home office hasn't returned my passport back before my husband's visa due date, (which is most likely)what can he do? Which type of visa he can apply for to extend his visa as my application of settlement is still under process in Home Office.

Can anyone help? Thanks!

[vinny]

I believe that he may apply (by registered post) for FLR(M) before his leave expires. Enclose a covering letter, explaining that your long residence application had been made.

Long residence in the UK.

The immigration rules for this category do not allow dependants. If you include applica-tions by any dependants, they will be refused. Because of this, they should apply separately in their own right in one of the ways described below.

Dependants may apply in the long residence category if they have completed the qualifying period of 10 or 14 years. If you have a partner who does not qualify, they may apply for limited leave to remain as the partner of a person present and settled in the UK on form FLR(M). If they do that, they may include any children under 18 who are applying as their dependants.

Partners may also choose to apply on form FLR(M) even if they do qualify in the long residence category, as this option allows children under 18 to apply with them as dependants and the overall cost in terms of fees may be less.

[gracewu]

thank you very much!

[Wanderer]

I believe that he may apply (by registered post) for FLR(M) before his leave expires. Enclose a covering letter, explaining that your long residence application had been made.

Long residence in the UK.

The immigration rules for this category do not allow dependants. If you include applica-tions by any dependants, they will be refused. Because of this, they should apply separately in their own right in one of the ways described below.

Dependants may apply in the long residence category if they have completed the qualifying period of 10 or 14 years. If you have a partner who does not qualify, they may apply for limited leave to remain as the partner of a person present and settled in the UK on form FLR(M). If they do that, they may include any children under 18 who are applying as their dependants.

Partners may also choose to apply on form FLR(M) even if they do qualify in the long residence category, as this option allows children under 18 to apply with them as dependants and the overall cost in terms of fees may be less.

Vinny, how is it possible to be granted a spouse visa with someone who (technically) doesn't have ILR yet? There's not even any guarantee it will be granted.

Probably me missing something!

[vinny]

The above seems to suggest that, before considering the FLR(M) application, the UKBA may wait until the Long residence application had been decided.