FLR(M) or SET(M) for spouse on Tier 2

[manish.shah.uk]

Hi,

I'm a British citizen and my wife is Indian. She came to the UK on a Tier 2 Inter-company transfer in October 2011. We started dating in Feb 2012, moved in together in Dec 2012 and got married in March 2014. Her job here is ongoing, but her company could send her back to India at any time. So, we want to get her ILR as soon as possible.

Does she qualify for SET(M) now (on account of already being here for 2 years on a pre-2012 visa) or do we need to go down the FLR(M) 5 year route?

Thanks for your help!

[vinny]

Need to go down the FLR(M) 5 year route.

[icehouse256]

I first came to the UK on a student visa in 2010 and i got married in 2012 to a British citizen, applied for FLR in November 2012 and got refused in June 2013 based on the financial threshold, my visa had expired while HO were still processing my application (March 2013). We then appealed, we attended the appeal hearing in September 2013 but to our surprise we were being asked questions that we never expected, such as what we ate 2 weeks ago ect...we got a few right but some were wrong. Then in November we got the determination ''appeal refused'' . As of today, my wife now earns more than the 18,600 threshold, and i don't want to return to apply from home, Please advice , what are my chances of reapplying now that we meet the financial threshold, but my visa had expired ?