Info needed on FLR

[jaishah11]

I am currently on Tier 2 General and my Wife and my son are living in UK on my dependent VISA since March 2016.

I will get my ILR on Jan 2017 which means I will have to apply for FLR for my wife and my son for their extension of stay.

Do my wife have to pass A2 level English ? She will be less than 2.5 years in UK at the time of application.
In Gov.uk it states that if the current VISA expiry date is past 01stMay'17 and applicant have completed 30 months in UK, he/she have to pass A2 level. In my case, my wife's current tier 2 dependent VISA expires on Sep'17 but she will not complete 30 months in UK. It is not clear if she have to pass A1 level or A2. Any advice?

Also, can we apply for my wife and son's FLR from India or do we have to do it from UK?

Any help is appreciated.

Regards,
Jai

[CR001]

On what basis are you applying for ILR, 5 years Tier 2 or 10 years long residence?

Any FLR visa is applied for WITHIN the UK, i.e. FLR = Further Leave to Remain.

[jaishah11]

Hi,

I will be getting ILR after 5 years of Tier 2.
I was married last year and my wife is on Tier 2 dependant VISA.
So, when I get an ILR, she have to apply for FLR right?
English Requirement will be A1 or A2 level (her current dependant VISA expires on Sep'17)

Regards,
Jai

[CR001]

No, your wife DOES NOT have to switch to FLR(M).

She can continue to extend her current visa until she meets the requirements for ILR.

[jaishah11]

Thanks for your prompt response.
So, we can extend her tier 2 dependant visa even though I will switch to ilr?

Regards,
Jai

[CR001]

Yes.

She would only have to switch to FLR(M) if you were applying for ILR based on 10 years long residence.

[jaishah11]

Thank you.
Last question - do we have to apply for extension from UK or can we do it from India?

Regards,
Jai

[CR001]

You can only apply for extensions WITHIN the UK.

Applications made abroad is a new entry clearance visa. You cannot apply for extensions from abroad.

[jaishah11]

Clear. Thanks!!
Is there any specific form? I am not able to get it in Gov.uk. It either points me to forms for FLR(M) or Dependant on Tier 1, 5. However, our case is Depentance on TIer 2.

Regards,
Jai

[CR001]

It is an online form only for Tier 2 Dependents.

https://www.gov.uk/tier-2-general/family-members