Reason for Extension Switching 10 to 5 year

[Jmarker1712]

Hi all,
I’m trying to understand the FLR (m) question: Reason for Extension. I want to switch from 10 year to the 5 year route, but not sure which answer as they don’t mention switching. Is there anybody had the same confusion

[Casa]

Hi all,
I’m trying to understand the FLR (m) question: Reason for Extension. I want to switch from 10 year to the 5 year route, but not sure which answer as they don’t mention switching. Is there anybody had the same confusion

It would help to know your UK immigration history.

[Jmarker1712]

Hi,
I’m British married to a Thai for almost 20 years, we have a daughter of 16. We lived overseas in many countries, but wanted to return to the uk. My wife entered on a 10 year visit visa an applied for leave to remain; they said we used the wrong form, so we withdrew and applied for the FLR M but they said my financials were not correct and although we were informed by the HO that 3C rule covered her second application they said she had 28 days overstay; they even said her application was December 2019, but it was on 17 October 2021. They offered the 10 year route based on our daughter. Her first 30 months runs out 28 October 2024. I’m now working and earn more than the 29K so believe we can re apply for the 5 year Route.

[Casa]

It seems that your wife was granted 10 year leave outside of the Immigration Rules as she was in the UK as a visitor.

You may not have the option to switch to the 5 year route, as you say your wife was granted this as the mother of a British child, not as your spouse. Visitors don't have the right to apply for a spouse visa while they are in the UK, but instead of the Home Office directing your wife to return to her home country and apply from there, an exception was made due to your daughter being legally resident here.

Wait for others to advise further.

[Ticktack]

Wife was correctly put on 10 year path to ILR. Since wife now legally stays in the UK, wife can apply for spouse visa FLR M (5 year route), provided you meet all requirements. This should then change the immigration route. Spouse would need to renew this again (2.5 years).

This would make it 7.5 years in total to ILR instead of 10 years.

[Jmarker1712]

Many thanks, but I’m still confused on answering the topic question.

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

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

Not sure of this answer

[Ticktack]

Many thanks, but I’m still confused on answering the topic question.

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

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

Not sure of this answer

[Jmarker1712]

Many thanks