Changing status from FLR (M) to Visitor?

[dagenham-dave]

Hi,

My wife and I are currently living in the UK. Her FLR (M) visa expires on 7th April 2008. However, we're currently in the process of applying for my visa for us to move to the US. Instead of her applying for ILR, could she just adjust status to that of a visitor using the form FLR (O)? What are the chances of this being allowed?

Thanks in advance.

David

[Mr Rusty]

What nationality is your wife? I suspect she's US, as you seem to imply you're only applying for a US visa for yourself.
Apart from the normal requirements for leave as a visitor, the only relevant requirement for seeking LTR as such is:

"(ii) has not already spent, or would not as a result of an extension of stay spend, more than 6 months in total in the United Kingdom as a visitor."

So, the main requirements are not working, and the intention to leave at the end of the visit. The only area for doubt might arise regarding what would happen if your US visa application was rejected. If there is any doubt about that, she might be better to apply for an extension of her current leave, or for ILR.

If she's not a visa national, you might consider the cost of an application to BIA better spent on a day or overnight trip to France, and seek entry as a visitor from the IO on return. But you should accompany her, and make sure you have everything, absolutely everything, that you would submit in support of an in-country application.

If she's not a US national, and would therefore also require a US visa, or if there are likely to be any hiccups in your plans, she is probably best advised to apply for an extension of her current leave for whatever period you feel appropriate. That might be the best course in any case. She doesn't have to apply for ILR. Has she passed the Life in the UK test?

[dagenham-dave]

My wife is, as you guessed, a US citizen. We married here in March 2006 and she applied for Further Leave to Remain on 7th April 2006 and has been living and working here since. The two year validity on the visa is almost up.

We began applying for my visa for us to move back to the US in September last year, and the only thing i'm waiting on is my interview which should be in a couple of weeks. Since her visa expires on the 7th April we've been considering applying to change her status to that of visitor rather than going for ILR. We've thought of going to France for the before her visa expires and coming back after so she'll be admitted as a visitor. Would that be a possible solution?

Oh and no, she hasn't taken the Life In The UK test. We didn't think that'd ever be necessary!

[JAJ]

Why not go for her ILR and then at least she has a quicker pathway to come back?

Even if her ILR expires, there might be the option of returning resident entry clearance.

[vinny]

Why not go for her ILR and then at least she has a quicker pathway to come back?

Unfortunately, she would need to meet the Knowledge of language and life in the United Kingdom requirements before she may apply for ILR.

Oh and no, she hasn't taken the Life In The UK test. We didn't think that'd ever be necessary!

Since her visa expires on the 7th April

Is there enough time?