please urgent help me

[POPY85]

Hi I was a spouce of a tier 4 student untill october 2013.before the visa was about to expire my husband applied for set (lr).because he contiously lived in uk for 10 years.as my visa was about to expire at the same time I applied under flr(0) to avoid overstaying.and my lawyer requested to home office to consider my application as my husband applied for settlement and give me a visa for the transition period. But my application has been refused .i appealled against this decision. last week my husbands application has been successfull and he got the ILR..can u pls advice what should I do now . should I apply under flr m and withdraw the appeal or go to appeal hearing. What will be best can anyone advice me.thanks in advance for advice.

[vinny]

Why didn't you make a FLR(M) application as logically indicated by the UKBA guidance?

[Amber]

Did your solicitor advise making FLR(O)?

[POPY85]

My solicitor advice me because my husband was tier 4 student and his application was pending and he was not settled that time.thats why he applied flr(o) for me. still I don't know this was correct decision or not. I am still confused. Can you clarify for this. Many thanks.

[vinny]

FLR(O) wasn't logically correct. FLR(O) is also contrary to our and the UKBA's written advice:

Can I include my dependants in my application?

No. They may apply separately if they have completed the qualifying period of 10 years. If you have a partner who does not qualify, they may apply for temporary permission to stay in the UK using application form FLR(M). If they do this, they can include any children under 18 as their dependants.

Why was it refused?

[Amber]

Indeed, your solicitor erred. Ask the tribunal to consider FLR(M) under Part 8 of the rules.

[POPY85]

Thanks for your valuable answer.My lawer was not a solicitor he was oisc adviser.Now I understand what terrible mistake he made and liable for misery of my life.Anyway thanks again for your advice.

[vinny]

Don't forget the English language requirements, etc.