Wife FLR (M) visa transitional arrangement

[Ali1975]

Dear Gurus and Fellows,

I am trying to get help and information about my my wife's FLR (M) and grateful if some one on this board share experiences and gurus shed some light on this topic, your help and inputs are much appreciated.

My wife came in this country in March 2008 as a dependent of Fresh talent visa and then in January 2009 she extended her visa as a dependent of Tier 4. In November 2010 she switched to Tier 1 G main applicant and I became her dependent. Now I have completed 10 years and applied for SET(LR).

What happen if my wife apply for FLR(M) after I get my ILR? Can she combine her previous fresh talent and PBS Tier 4 dependent leaves with new FLR(M) leave under the Part 8 transitional route (old rules before 9 July 2012) to qualify for settlement or she have to complete 5 years for settlement under the new rules?

Regards

[kpk1234]

Was she on TIER 1 (General) Extension at the moment? If she was rather going down the FLR route why not make it easy for yourself and apply for ILR after completing 5 years on Tier 1?

You can go down the FLR route then she need to complete 5 years before apply for ILR or SET(LR) whichever comes first.

This is just based on my understanding.

[Ali1975]

Dear kpk1234, yes, you are right, she is on Tier 1 general extension valid until March 2016, I think if she can combine previous dependent leaves with new FLR(M) and it comes under old rules then she can get ILR this year and no need to wait 2 years more other wise she can apply for ILR as Tier 1 general.

Was she on TIER 1 (General) Extension at the moment? If she was rather going down the FLR route why not make it easy for yourself and apply for ILR after completing 5 years on Tier 1?

You can go down the FLR route then she need to complete 5 years before apply for ILR or SET(LR) whichever comes first.

This is just based on my understanding.

[vinny]

I don't think that she can combine her previous dependant leave with FLR(M). The transitional provisions are not applicable because she is not a dependant since 2010.

She may be better off applying for ILR under Tier 1 (General) when she is eligible.