FLR(M) application straight after having approved FLR(FP)

[Sujithbabu.m]

Hi All,

Need an urgent help regarding my wife's spouse visa.
I am a british citizen(got it in 2015) and we have 4 year old british daughter(from birth).

My wife was eligible for ILR by this october 2019. But unfortunately we have completely forgot to apply for ILR and noticed in november that her visa is already expired. Hence she has overstayed for a month.

So we went through a solicitor as we were so worried and suggested that we have no other option apart from applying FLR(FP) which is a 10 year route to be eligible for ILR. She has applied for it and got the visa approval and BRP on December 6th (valid for 30 months) 2 days ago.

Now that she is legal to stay and work here in UK, i came to know that she is eligible to apply 5 year route FLR(M) spouse visa as i meet the financial requirement for it.

I have few questions regarding this:

1) is it ok to apply FLR(M) straight after getting FLR(FP) approval?
2) if so can we give the same IHS reference that we have used for FLR(FP) application?
3) is it better to go through the solicitor again? I am confident applying on my own as i applied for it previously twice. But this time, as she overstayed and got FLR(FP), i think i need to mention all this and write a proper covering letter which i am not confident enough.
4) i think there will be a question whether this is a first time FLR(M) application or an extension. What do i need to put for this.

Please advise. Many thanks. Hope i have given all the needed details.

[seagul]

1. Yes
2. No. New one will be needed
3. No need of solicitor & covering letter as they (UKVI) have all previous record.
4. It shouldn't be as the first flrm extension. Select the most relevant one.

[Sujithbabu.m]

Thanks Seagul for the quick response.

Below is what mentioned in HO approval letter:
"We have decided that you meet requirements of the 10-year partner route under R-LTRP.1.1.(a),(b) and (d) of Appendix FM. We are satisfied from the information you have provided that you meet the relevant eligibility and suitability requirements and you have a parental relationship with the child and it is not reasonable to expect that child to leave the UK.
Accordingly you have been granted a period of 30 months limited leave to remain on the 10-year partner route under paragraph D-LTRP.1.2. of Appendix FM"

Question being asked :

On what basis did you apply for your current visa, leave to enter or remain or other permission?
(You can find out this information on the document which shows you are allowed to be in the UK)

• As the partner of a British citizen, settled person or a person with refugee leave or humanitarian protection in the UK.

• As the child of a British citizen, settled person or a person with refugee leave or humanitarian protection in the UK.

• As the parent of a British citizen or settled child who is under 18, or who was under 18 when you were initially granted leave in this category and was not living an independent life.

• Private life in the UK.

• Leave outside the Immigration Rules, including on the basis of compelling or compassionate circumstances or an Article 8 claim.

• Discretionary leave.

[seagul]

• As the partner of a British citizen, settled person or a person with refugee leave or humanitarian protection in the UK.

I think above one

[Sujithbabu.m]

Thanks again Seagul.

Sorry, I have got another question on the application. Hope this will be the last one:

Reason for Extension
Please choose the reason you are applying for an extension, this includes if you are switching to a partner visa from another type.

• First extension as a partner (following an initial period of entry as a partner, or as a fiance or proposed civil partner of a settled person).

• Additional extension as a partner

• First application as a partner from within the UK (for example, you are currently in UK on another type of visa or permission to stay)

• you are applying for any other reason

Thanks in advance