Does my wife need to apply for FLR(M)?

[saxenak02]

Hi All,

My wife is currently in UK on Tier 2 dependent Visa that expires on 20 Feb 2017.

My employer somehow missed out to renew his Tier 2 license and his license expired on 8th Nov 2015.
Although they have applied to a new Tier 2 license and application is under consideration as we speak.

In the mean while as I had been in the country for over 10 years, I didn't waited for my employer and got my ILR on 3rd Dec 2015.

My questions are:
a) I believe as am not on Tier 2 anymore, even though my wife's visa actually expires in Feb 2017, we will need to apply for FLR (M) asap, is it correct?

b) Because of the situation with the employer Tier 2 license, even though my employer does get a new license, my wife's current visa is invalid and we should expect a curtailment letter soon?

c) If we do have to apply for FLR(M), under section 2.3 of the form, do we opt for first option:
"First period of leave to remain (following any initial period of entry clearance as a partner of a settled person, or following an initial period of entry clearance as a finace or proposed civil partner of a settled person - 6 months)."

Regards,
Kuldeep

[CR001]

a) Yes, FLR(M) as soon as you can. It will reset her clock towards ILR and she will have to wait 5 years (2 x 2.5 year visas) before she qualifies for ILR (or sooner if she reaches 10 years long residence herself). She will have to pay the £500 immigration health surcharge before submitting her application (postal or in person). She needs English A1 level for FLR(M) and you need to meet the financial requirement.

b) Apply for FLR(M) as soon as you can and she should be fine.

c) I think it is the second option Second period of leave to remain (following initial grant of leave to remain)

[saxenak02]

Hi CR001,

Thanks for your response, it clarifies a lot.

I got mixed suggestions on whether to tick option A or B for point 2.3

Some suggested me, to check A as its my wife's first application under FLR (M) for the first period of 2.5 years. And when we apply for the second extension under FLR (M) we need to select option B (Second period of leave to remain).

Others suggested to select option B now and again use option B during second extension.

Do you reckon its definitely option B in our case.

Regards

[CR001]

She already has a grant of 'leave to remain' as PBS Dependent.

[geriatrix]

See PBS Dep switching to ILR Dep.