FLR (M) App. Process with Spouse ILR App is with UKBA

[sense]

Hello All,

I'm looking to apply for FLR(M) as my visa is expiring next week. The sitation is my husband applied for ILR and application is still with UKBA.

I wonder on what basis I should apply or should I wait unless ILR application completed and returned by UKBA?

Please if some one can help me; as I mentioned my VISA is expiring next week.

Many Thanks
Sense

[Lucapooka]

You were told as far back as April that she did not need to do this and was eligible to apply for ILR jointly with you. Luckily, she can still apply for ILR as it does not have to be exactly at the same time as the migrant worker and on the same form, but it does have to be while her leave is still valid. Apply now and ask that they process her application in series with yours and citing paragraph 196D(ii) as the basis for this.

196D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant:

(i) is married to or civil partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time; or

(ii) is married to or a civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and

[sense]

You were told as far back as April that she did not need to do this and was eligible to apply for ILR jointly with you. Luckily, she can still apply for ILR as it does not have to be exactly at the same time as the migrant worker and on the same form, but it does have to be while her leave is still valid. Apply now and ask that they process her application in series with yours and citing paragraph 196D(ii) as the basis for this.

196D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant:

(i) is married to or civil partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time; or

(ii) is married to or a civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and

I sort of understand what you are saying here, until now I was not clear about such a rule.

The April post you mentioned was saying there exist the failure cases as well and still many post on the forum is saying people just been lucky who are been granted this.

Thanks for the explanation.

To Clarify you meant I should put another ILR application SET(O) or something else and make an note in application referring this section?

[vinny]

Please continue in original thread.