ILR/FLR(M) query - drink driving charge (not yet convicted)

[NZ13]

Hi there, wondering if anyone has any experience/advice of our situation:

My partner and I have been in the UK since August 2007. I have been on an HSMP, then Tier 1 visa and he is my dependant.

The issue is that a month ago my partner was stopped and randomly tested for drink driving, and he was just over the legal limit. He was taken back to the station and given a blood test, then breath tested again and he was under (so allowed to drive home!)...

We've been awaiting the results of the blood test and hadn't heard on this when we were due to have our premium appointment in Croydon last week. However when we got to the UKBA, we were sent away because the systems were down... We now have another appointment later this week, but between this time we have heard that unfortunately he was just over on blood test and that he will be charged, his court date is the week after our ILR appointment.

We have declared this on the SET(M) form and understand that there is a strong chance that he'll be declined ILR. We've been told that another option is then for him to apply for FLR(M) and that this may be easier to get then ILR? (although we'll still disclose the charge).

Unfortunately our visas expire on 3 August and there are no more premium appointments available until September for this... A postal application for FLR(M) can take 14 weeks and again unfortunately we are due to be travelling abroad in September to a friend's wedding where I am a bridesmaid - and given the 14 weeks turnaround time he'll be without his passport for this....

So someone has suggested taking the FLR(M) application as well to our ILR application and if he is declined ILR, seeing if they will review his FLR(M) on the same day....

Many thanks