switch frm Tier2 Dependent(lessthen 6 months visa)to FLR(M)

[sunny0183]

Hi I wonder if someone can help me in this matter, I am applying for ILR (10 years rule) next week and my wife will apply for her spouse visa (FLR (M)) the month after before her leave as a Tier 2 Dependent expires (October 2012). She came here as a Tier 2 dependent on July 2012 with less then 6 months visa because my current Tier 2 visa will run out on October 2012. According to FLR (M) the person needs to have at least 6 months visa (bullet point # 2 below).

Now does that mean she cannot switch from Tier 2 Dependent to Spouse of a settled person FLR(M)?


Can you 'switch' if you are already in the UK?
You may be allowed to switch into the category of partner if you are currently in the UK in a different immigration category.
You will not be allowed to switch if you are in the UK:
• as a visitor;
• with permission to stay that was given for a period of less than 6 months (unless that leave was as a fiancé(e) or proposed civil partner)
• on temporary admission; or
• in breach of the Immigration Rules (a period of overstaying of less than 28 days will not be taken into account).

Thanks in advance for any help in this.

[Lucapooka]

Yes, she can switch.