Which form to use FLR (M) or FLR (O)

[ashman22]

Hi all,

Im currently applying for a extension to my wife's visa and I am unclear which form to use. I will give as much background as possible & hope someone can guide me, I am going to get a consultation with a immigration lawyer but want to fill out the form myself with supporting documents.

Originally my wife came over from Pakistan on a spouse visa for six months and I applied for her to remain in the UK using FLR (M) But this was rejected due to some issue with the form and we ran out of time before submitting the final form, but they gave us Right to remain in the UK for 3 years taking us to Dec 2014. from Dec 2011.
The letter states

"although you do not quality for leave to remain in the UK under the immigration rules, is has nonetheless been decided that discretion should be exercised in your favour. You have been therefore been granted limited leave to remain in the UK in accordance with the principles set out in the Home office policy on discretionary leave.

Now the question is which form do I use to apply for the extension?

We live together, have our own property and have 2 young sons, we don't use any public funding, its unfortunate that I didn't pay more attention to the form before as I was working away a lot.

Also looking ahead when can we apply for ILR in the UK? is it when the next extension expires or when we have 5 years completed. When is best to complete the English tests? She already has some of the qualification and has no issue communication both verbally and written.


thanks you all in advance and good luck to everyone one here.

[vinny]

It's FLR(O).

The FLR(O) and SET(O) forms specifically allow for applications for purposes not covered by any other application form, whether specified or not. This means all applications for leave outside the rules must be made on one of those forms, including discretionary leave on the grounds of non-protection based claims under article 3.

SET(O) after completion of six years on discretionary leave.

[ashman22]

thanks Vinny, and to apply would you recommend using the Premier service, as last time they took 2 months and then right at the end said its the wrong form leaving us 1 week to respond back, hence why we are in the situation.

Is it worth trying any other route for instance marriage one? or just to stick to this?

thanks again!