Visa Extension for a partner of old work permit holder

[smrajan]

Hi Guys,

My wife issued a spouse visa in June 2012 for 18 months and she came to UK when I was a work permit holder (this is 5 year work permit visa which is already closed now). I recently got ILR in February after completing the 5 year, I found my wife could apply for ILR together with me when I queried home office after, but we couldn't apply as she hadn't meet the English language requirements. As per homeoffice adviser i applied for an extension using FLR (O) form and mentioned the above reason why we want extension this time.

I received a letter form home office after 2 weeks saying we need to fill the form FLR (FP) and send them within a week, also there is a biometric enrolment invitation letter. i checked the form which says :

"Form FLR(FP) must be used if you are applying for an extension of stay in one of the following categories:
• Family life as a partner (10 year route)
• Family life as a parent (5 year and 10 year routes)
• Private life in the UK (10 year route)"

I thought none of the categories is matched our status so i phoned home office for further checks, after 2,3 hours of struggle i eventually got hold of one adviser and explained her my situation in detail. She straightway said 'Just ignore the letter, your FLR(O) application is still valid, our department is aware of this miss information' , i asked her one more time and she repeated the same answer and said 'Get your wife's biometric done and wait for the decision, ignore the letter you have received for filling another form' .

I am really confused now what is going on, i had been already miss guided once from the adviser so don't want to take any risks. my questions are :
[*] Does anyone came a cross of this kind of situation before ?
[*] Did we use the wrong form FLR(O) in our first application ? or should we had to use FLR (M) ?
[*] Should we ignore the letter and just do the biometric as per the advice from home office adviser or fill the form FLR(FP) as per the letter and send it to them.

Please anyone's suggestions as soon as would be highly appreciated, as i have only 2,3 days to decide.

Thanks,
smrajan

[vinny]

I think that FLR(O) was probably correct for an extension. 196B is applicable.

[smrajan]

Thank you vinny for your quick response. So do you think I just ignore the letter and wait for the decision or write a letter to them about it ? I am going to phone them on Monday as well but the line is nightmare to get most of the time.

[vinny]

I think you should reply by registered post.

Say that the application was under paragraph 196B of the Immigration rules. FLR(FP) is not the appropriate form for this immigration rule. FLR(O) is the appropriate form for an application for leave to remain in the UK in a category not covered by other application forms.

1. FOR WHICH APPLICATIONS MUST YOU USE FORM FLR(O)?
...
Dependants of a person who has limited leave to enter or remain in the UK other than under the points based system

Keep a copy of your reply.

[smrajan]

Thanks again vinny for your advice, its really helped me to move further. I will write a letter as per your suggestion and keep you with the update.