I'm newly registered but have used this board over many years for many T1, ILR and spouse FLR(M) applications, and wanted to thank those members who give great advice.
Some background:
- My wife and I are both Australian.
- I have lived in the UK through the Tier 1 (general) system from January 2009 until I got ILR in November 2013. I haven't yet gotten around to getting citizenship.
- My wife (then girlfriend) was originally here on a Tier 5 visa. During that time we got engaged. She left back to Australia before her visa expired and we got married in March 2014 in Australia. My wife applied and got a visa as spouse of a person present and settled in the UK in April 2014 and moved back to the UK in May 2014.
Now her visa is due to expire in January 2017 and we are looking to extend it. We are getting confused reading the exceptions to applying under partner (5 years) on the official UK.gov website.
Further reading seems to imply that FLR(M) can be used except when the spouse (me) got ILR via 5 years on the PBS, which then pushes us into the Tier 1 (General) dependent process. But my wife is not my dependent, she works and otherwise qualifies to use FLR(M).Exceptions: Your partner originally had a temporary visa as a worker
If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category.
Find out how to apply as a ‘dependant’ (partner or child under 18) if your partner or parent settled as someone with a: Tier 1 (General) visa
Does this line from the FLR(M) guidance notes help us?
I can't quite get a handle on it - which form are we supposed to use?You must not use this form to make an application for an extension of stay in the following
categories: As the partner of a person granted indefinite leave to remain in a work or study route, if
you are currently in the UK as their dependant.
Thanks in advance.
