Another FLR (M) or back to spouse visa?

[colinhickscornwall]

Following 2.5 years on a spouse visa starting in 2016, and then nearly 2.5 years on FLR (M) my wife is coming to the time where we should apply for ILR on the 5-year route. However, for one reason and another she has spent more than 400 days outside the UK over the last two years.

We realise it is extremely unlikely that she would get ILR, but have always intended to stay together here in the UK. Should we start again along the 5 year route with a second spouse visa (SET M), or apply for another period of FLR (M)? I suspect another period of FLR (M) would be denied for the same reason as an ILR application would i.e too much time spent outside the UK - so I am thinking SET M?

Any advice would be helpful.

[CR001]

There is NO absence limit for spouse visa holders.

[colinhickscornwall]

Thank you CR001, I understand there is no defined limit, but I suspect we will struggle when it comes to:

"You must prove you’ve been living together since your last visa renewal."

We have taken legal advice on this, and the opinion has been that we would be unlikely to get ILR due to the above requirement.

Unfortunately my wifes visa expires at the end of October and we would not be able to get a life in the UK test in this period so ILR is not viable, so we are left with FLR (M) or start again with a family settlement visa.

[CR001]

You are simply required to provide two years evidence of cohabitation, with items of correspondence addressed to each of you or jointly at the same address.

If she doesn't have the required tests,then yes you have to apply for an extension on FLR M and meet the requirements.

She can apply for ilr at any time when she meets the requirements. No need to "start again".

[colinhickscornwall]

Thank you - FLR it is

[colinhickscornwall]

Thank you CR001 that worked and my wife now has FLR.
Another question.
My stepdaughter (22 years old) sucesfully transferred to a Tier 4 student visa a few weeks ago as we did not expect my wife to get FLR due to previous concerns on time outside the UK, and two solicitors we taked to said this was the best option. She is now on the 10 year settlement route

If we had been certain that FLR would work for my wife, we would have inlcuded my step daugheter in my wife's application and kept her on the 5 year settelment route (she has been here since Sept 2016 and came as a 17 year old). She then could have made an application for ILR as soon as she completed life in the uk.

Is there any way to get her back onto the five year route?

[CR001]

Is there any way to get her back onto the five year route?

Probably not as she now has a break in her continuous residence on the previous visa.

Once the student visa was granted, her previous visa time no longer counts and is no longer relevant for ilr based on 5 years residence.

You were very ill advised by the solicitors. There was no reason at all that FLR M for your spouse and step daughter would fail.