Immigrationboards.com

Good day and greetings,

Thanks for reading through my issue.

Background:
My wife has an application for ILR (via 10 year long residency) in progress (by post) and we are awaiting a decision. She is currently on the Doctoral Extension Scheme visa which will expire on the 24th of August.

I am currently on the same visa as a dependent of hers with my visa also expiring at the same time.

Issue:
While she awaits a decision on her ILR application. We would most likely go past 24th August which means our visas would expire. There will be a gap between when our current visa expires and when she gets a decision. This is where i am unsure what next. While she has an application in progress.

Can I

A) Apply as a dependent of a settled person (in lieu of her ILR application?)

B)Apply under FLR (O) given the gap between the visas expiring and her ILR decision

Please can someone advise on what's best to do

Many thanks and kind regards,
Ben

She will be covered under Section 3C and her rights will continue after her visa expiry date until a decision is made. I suggest you to apply for FLR(M) before your visa expiry to avoid being an overstayer and get section 3C protection too. Your FLR(M) will be decided when her SET(LR) application is processed

Thank you very much Zimba for your timely response.Appreciate it.

As you have suggested option A. Does it matter if my wife's ILR application is pending.

I guess my question is.

Can my FLR (M) be rejected because my wife's SET (LR) application is in progress at the time of my FLR(M) application?

You simply link your application with her case ref number and ask for it to be decided once a decision on her ILR has been made.

Thank you CR001 for getting back to me.

I'll do that, just curious. Does this mean they will definetely not reject it based on my spouse's application still in progress. Just trying to know if this reduces or eliminates that danger.

Any further response is much appreciated.

No it will not be refused as it will be based on a pending case. So your case will be pending until hers is decided

Thanks Zimba, appreciate your counsel.