Advice please - which route/form to chose ?

[Scouser]

Great forum - thank you everyone. Makes a big change from the frustrating jumping from place to place on the UKBA website.

My wife is from Ukraine, and has overstayed her intial visitor visa. She has lived continuously in the UK for over ten years. I am a UK citizen.

We meet all the 'Leave to Remain' criteria, apart from the fact of her overstaying (no aggravating factors). Which form/route should we apply for please ? The time of year, and our respective ages (late fifties/early sixties), mean that we'd really prefer to apply from within the UK if possible.

[Lucapooka]

From inside the UK the only option within the rules is to apply under the 10 year family route. So, she needs to show the insurmountable obstacles that prevent her rturning to Ukraine and applying from there or living there with you.. Been in the relationship long? The form is FLR (FP)

http://www.ukba.homeoffice.gov.uk/visas ... ying-in-uk

b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK.

[Scouser]

From inside the UK the only option within the rules is to apply under the 10 year family route. So, she needs to show the insurmountable obstacles that prevent hervreturning to Ukraine and applying from there. Been in the relationship long? The form is FLR (FP)

http://www.ukba.homeoffice.gov.uk/visas ... ying-in-uk

b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK.

Thanks Luca. The 'insurmountable obstacle' would be my job - does that count ? I am responsible for a part-share of two mortgages. Plus my mum is in her mid-eighties.

We've been together for just under two years, got married in August 2013. Would be happy to be called to prove the genuine and subsisting aspect at interview.

A (possibly dubious) solicitor my wife contacted advised FLR(M), which he described as a lottery - presumaby relying on a successful apeal if refused ?

[Lucapooka]

Definitely not FLR (m). That would be for an applicant with a valid immigration status that permits switching to partner under the 5 year route. Your wife is not in that position.

[Scouser]

Definitely not FLR (m). That would be for an applicant with a valid immigration status that permits switching to partner under the 5 year route. Your wife is not in that position.

Thanks again Luca.

Do you know what they classify as insurmountable obstacles, please ? There is no way I could get a job in Ukraine, never mind one paying a similar salary. Have had a search on the ukba website, but no joy.