which visa to apply for spouse?

[vinayak2016]

Hi,
My wife came to UK from India on a ILR dependent visa in February 2014 valid for 33 months until November 2016. Along with the visa she also received a letter from british high commission in India that she can apply for settlement 3 months before the expiry of this visa. However the current rules say that any visa issued after july 2012 should wait for 5 years before applying for settlement.

During this time I have taken british citizenship in November 2014.

I phoned up home office to check the importance of the letter issued by british high commission and they said that it is on a case by case basis in such scenarios.

My question is which visa to apply for? ILR or the normal FLR for another 2-3 years?

any thoughts would be much appreciated?

[Casa]

Never trust the advice given on the Home Office 'help line'.
When did you apply for your wife's settlement visa? If she was given a 33 month visa this implies that she is on the 5 year route to ILR which would mean that she needs to submit a FLR(M) visa for a further 2.5 years.

[vinayak2016]

Hi Casa... I did not apply for her settlement visa. I said I am confused as to which visa to apply? FLR (M) or ILR? The rule says FLR (M) but the letter she received from the British High commission in India along with her first visa states that she can apply for settlement near to the expiry of this visa. That is where it is in contradiction to the rules and I am not sure if this letter means much to the home office.

[Casa]

I'll reword my question. When did you apply for your wife's ILR dependent visa? This is a spouse settlement visa.

[vinayak2016]

Sorry misunderstood your question. I applied for it in November 2013 and was granted the visa in feb 2014.

[Casa]

In which case, the letter is an error and your wife is on a 5 year route to settlement. She will have to apply for FLR(M) before her current visa expires which will give her a 2.5 year extension, after which she will qualify for ILR.
In addition to the £811 (postal) visa fee, you will have to pay the £500 NHS surcharge online before submitting the application. If she applies in person, the visa fee will be £1311 + the NHS surcharge.
A2 level English is required from October.
https://www.gov.uk/government/uploads/s ... entres.pdf

Don't trust the advice given on the UKVI 'help line'. They are notorious for giving incorrect information and take no responsibility for doing so. The visa has been issued correctly and the letter will be disregarded by the Case Worker.

[vinayak2016]

Thanks Casa...
I have another question with regards to visa fees. Is it charged whilst booking the appointment or taken on the day of the application if going in person?

My wife has spend 192 days outside of UK since her arrival in February 2014. Is there a "maximum number of days spent out of UK" concept while applying for FLR (M)?

[vinny]

The guidance relating to time spent outside the UK hasn't been updated yet.

[CR001]

Thanks Casa...
I have another question with regards to visa fees. Is it charged whilst booking the appointment or taken on the day of the application if going in person

You pay online. They don't take payments at the centre anymore. Don't forget to pay the £500 immigration health surcharge.

[vinayak2016]

Hi, another question... is the FLR (M) granted as a sticker on your passport or a separate card?

Reason because my wife has only 2 pages left on her passport and renewing her passport is on second priority.

thanks
Vin

[Casa]

It will be a separate BRP.