WP Holder and Fiancé - need help regarding FLR

[SAzette]

Please could someone help regarding my current situation - I've trawled the forums here to see if anybody else has had the same problem but couldn't find anything quite the same.

My Fiancé, of 17 months, and I, both South African, arrived in the UK in April 2006 on WHM Visas. We’ve been living together since we arrived although we’ve been in a relationship for 5 years. We were engaged while on holiday in August 2006.

I recently acquired a Work Permit from my new employer, valid until 2011. The problem we now face is this:

I was under the impression that I could put my Fiancé down as a dependant when applying for my FLR but after having read through all the documentation we don't satisfy the "Unmarried Partner" requirement which says we must prove we’ve been living together for 2 years, we're 3 months shy. Her WHM Visa expires in April 2008, I must have applied for FLR by March 2008, we also have a trip planned abroad around this time.

We were going to get married in early 2009 but if bringing the date forward will enable her to obtain FLR now before her current Visa expires then it seems it would be our best bet, the last thing we want is to be in a situation where we’re forced to be apart or for her to be here illegally in any way.

My question is, will this work and how?

From what I’ve read I would need to apply for my FLR first, once it is approved we then apply for a CoA, get married then she applies for a Spousal Visa?

Is this the case?
Is there a minimum amount of time she needs left on her current Visa?
Will she need a new passport before applying for FLR if she takes on my name?

Are there any other options for us to pursue?

I would really appreciate any advice/ideas you have to offer.

[vinny]

As you have acquired your work permit valid until 2011, have you been granted further leave to remain until then too?

Unfortunately, further leave to remain for spouses of work permit holders may be refused under paragraph 196C, with reference to 196A(v) of the Immigration Rules.

2.2. Switching

Entry clearance is mandatory for entry in this category. In after-entry cases, however, where the applicant was not admitted as a spouse or child, caseworkers may waive the no-switching provision in the Rules if they are satisfied that all the other requirements are met and that exceptional compassionate circumstances prevail. For UK ancestry dependants caseworkers may waive the no-switching provision in the Rules if they are satisfied that all the other requirements are met. Any case which falls to be refused, however, should be refused on no-switching grounds.

After marriage, she may have to return home to apply for entry clearance.

[SAzette]

Thanks for the reply Vinny, it was really helpful.

I haven't yet applied for my FLR as I still have time to do that but I've been told my leave to remain will be granted for the length of the WP, so yes, until 2011.

If she does have to go back to get entry clearance, can she be refused for any reason(obviously there could be many reasons one is refused clearance but any really obvious ones?) or is it just a necessary excercise?