ILR/FLR query

[wasteofspace]

hi all, my first post so take it easy on me please..

My other half came to the UK in 2010 on spouse visa, we applied for ILR 2 years later which was refused due to her having a unspent conviction (even though Disclosure Scotland and SAR check showed no convictions), anyways, she was given FLR instead. since she has been back in India with her ill mother for the past 8 months so obviously we cant apply for ILR when the current FLR expires as she needs to stay here for 2 years. (right?)

my queries are,

1) current FLR expires on 24 Nov 2014, so when do we have to apply for an extension? i.e, how many days/months before the date?

2) when we eventually apply for ILR, will UKBA accept the LIUK certificate which she passed in 2011? or does she have to sit another test?

thanks in advance

Ali.

[Amber]

Absences should be limited and for a good reason. Is your spouse coming back soon? Does she have evidence from a doctor for her Mother's illness stating she needed to be there?

[vinny]

See also Time spent outside the UK.

The LIUK certificate has no expiry date. However, see also Statement of intent outlines new requirements for settlement and naturalisation.

New criminality threshold.

[wasteofspace]

thanks for the reply guys..

she was planning to comeback next year June/July which makes her being absent from UK for around 1 year and 7 months. I thought you would still be able to apply for an extension on FLR regardless the amount of time spent outside UK. If thats not the case then I will need to bring her back asap.

[vinny]

If you are apart, then they also expect evidence of subsisting marriage.

[wasteofspace]

i can definitely provide the evidence of all telephone calls I made, also stayed with her for a month back in april and planning to go again to visit for 2 weeks in october.

my worry is is whether UKBA will issue another FLR after staying away for a large part of the current FLR period?

[Amber]

Evidence that she needed to be with her Mother will help.