Form Set (O) used instead of FLR for dependent

[Steve O]

Hi
I have just received my ILR (Tier 1 General, 5 year route). While making the application, I included my wife as dependent in the ILR application (Form set(O)). She had joined me in Dec 2013 under the dependent visa as partner. While my application for ILR was approved, her application was refused based on not meeting the 5 year requirement. I had applied based on the 2 year cohabitation requirement not knowing that her entry visa had to have been issued before 6 July 2012 for the 2 year rule to apply. Her entry visa was issued Dec 2013 and expired in May 2016(with mine) which was when I put in the ILR application by post.

So now, few days left to put in an administrative review for the decision. at the same time i have found out that what i need is to apply for a FLR(M) however due to the HO expecting the admin review request, they have retained all the documents I used for the initial application so I cannot put in the FLR application until I receive the documents back following a decision.

I will appreciate any information how to go about this. I do not want her to be an overstayer after the admin review is completed. Is there a way I can make an FLR application to HO while they still have all the documents I need. I will really prefer to make a sameday application for FLR(M) as I don't want her job to be affected.

Is there a clause I can use to strengthen my admin review application based on the initial ILR application?

Thanks a lot for your comments

[vinny]

Her AR may be strengthen, if she was eligible for settlement.

Applying for FLR(M) will reset her 5-year qualifying period for settlement. She may extend instead.