I understand what you are saying. But the following are the points for and against it
1. In the guidance notes for FLR(M) link
https://www.gov.uk/government/uploads/s ... _04-15.pdf mentions on page2 it says
To qualify for an extension of stay in the categories of the Immigration Rules for which you have to use form FLR(M), you must meet the relevant requirements in the following parts of the Rules:
• Part 8 Family members -Transitional provisions for spouses and partners
• Appendix FM – Family life as a partner – 5 year
2. Page 2 of the FLR(M) guidance also says
You must not use this form to make an application for an extension of stay in the following categories:
• As the partner of a serving member of HM Armed Forces under Appendix Armed Forces of the
Immigration Rules. You must complete form FLR(AF).
• On the 10 year Partner route under Appendix FM of the Immigration Rules. You must complete form FLR(FP).
• As the partner of a person granted indefinite leave to remain in a work route, if you are currently in the UK as their dependant. See our website for further details:
https://www.gov.uk/visas- immigration
3. Appendix FM link Nov 2014
https://www.gov.uk/government/uploads/s ... Routes.pdf
suggests on page 7
This guidance does not apply to applications made as the partner of a Relevant Points Based System (PBS) migrant who has been granted indefinite leave to remain as a PBS migrant where the migrant partner applies under the PBS provisions under Part 8. It does however apply to partners of Relevant PBS Migrants who are applying under Appendix FM for leave to remain in the UK, whose partner has been granted indefinite leave to remain under the long residence provisions of the Immigration Rules.
Immigration Directorate Instruction
Family Migration:
Chapter 8 Transitional Provisions
Family Members under Part 8 and Appendix FM of the Immigration Rules
November 2014
https://www.gov.uk/government/uploads/s ... r_2014.pdf
Says on page 13
Where the application was made on or after 9 July 2012:
3.8.6. Where Article 8 is raised as part of an application under a PBS route in an application submitted on or after 9 July 2012, the applicant should be informed that provision now exists within the Immigration Rules for those wishing to remain in the UK on the basis of their family or private life. Accordingly, the following paragraph should be used when refusing PBS applications in which an Article 8 claim has been raised:
“In your application for leave to remain as a [enter relevant PBS route] you have raised the fact that you also wish to rely on family or private life established in the UK pursuant to Article 8 of the ECHR. On 9 July 2012 the Immigration Rules were amended and now include provisions for applicants wishing to remain in the UK on the basis of their family or private life. These Rules are in Appendix FM (family life) and paragraph 276ADE(1) (private life). If you wish the Home Office to consider an application on the basis of Article 8, you must make a separate charged application using the appropriate specified application form (FLR(M) for the 5-year partner route, or FLR(FP) for the 10-year partner route, the 5- or 10-year parent route, or the 10-year private life route). For more information please consult gov.uk:
https://www.gov.uk/government/organisat ... mmigration”.
says on page 16
From 6 April 2014, all those granted leave to enter or remain as a PBS dependant, who then wish to apply for leave as the partner of a settled person (including where their partner who was a relevant PBS migrant gained indefinite leave to remain on the basis of Long Residence) are required to apply for leave under Appendix FM.
4.5.4. This is because paragraphs 284 and 295D of the Immigration Rules were amended to restrict switching by PBS dependants who have leave as the partner of a relevant PBS migrant. From 6 April 2014, they are not able to switch into the Rules for partners of settled persons under Part 8. The PBS dependant will either need to apply for indefinite leave under the Points Based System if they can qualify, or apply for limited leave to remain as a partner under Appendix FM.
4.5.5. PBS dependants who have already switched to being the partner of a settled person under Part 8 (or have applied to do so before 6 April 2014) can continue under Part 8 and apply for indefinite leave to remain under paragraph 287 or 295G. Their period of leave as a PBS dependant can be combined with their leave as the partner of a settled person to meet the required qualifying period.
Although FLR(M) as an application form is not allowing the Currently PBS dependent applicants whose partner have obtained ILR in 5 year route, The point No.3 here is somewhat promising but I am not able to understand this fully.
I gather That the application through Appendix FM is via FLR(M) (at least in my wifes case).
But does Appendix FM itself is meant for long route ILR dependents??
Would you please help me by putting some light in this topic. Although you say thos with current PBS dependent living in the UK whose partner have obtained ILR visa a 5 year PBS route can apply through FLR(M) for partner visa, I am trying to get a documentary evidence to substantiate it so that I can enclose it in the application.
Confusing indeed. please help
