switch from C -Family Visit to FLR or Family Visa confusion

[Lewis123]

Hello first time on here so please be gentle.
Im in a pickle trying to sort out my wife's visa.

Ok here goes:
She has a "C Family Visit" visa valid from 2014-2019 multi entry 180 days max at a time.
We are in the uk now and want to stay (settle for good) my son is British and so am I, wife of 7 years is Filipino. Im working now and son is in school.

Simple question I cant get answered straight is, can I submit an FLR (m) application and switch her right now whilst inside the uk?
I already done the form and all the supporting stuff, I read all the eligible stuff and from my understanding I can do it.

Please please appreciate someone to give me a correct answer for the current rules.

many thanks

[CR001]

can I submit an FLR (m) application and switch her right now whilst inside the uk?

No. She cannot switch to leave to remain while in the UK on a visitor visa. She needs to apply for a spouse visa from her home country.

I already done the form and all the supporting stuff, I read all the eligible stuff and from my understanding I can do it.

Please please appreciate someone to give me a correct answer for the current rules.

https://www.gov.uk/uk-family-visa

When you cannot get a family visa
In some circumstances you cannot apply for, or switch to, a family visa.

Your family member has a work visa or student visa
You cannot apply for a family visa if your family member is in the UK temporarily on a work visa or student visa.

You can apply to stay with them as a dependant instead.

You have a visitor visa or a visa for 6 months or less
You’ll usually need to leave the UK to apply for a family visa if either:

you have permission to be in the UK as a visitor
your visa is for 6 months or less

[Lewis123]

Thanks for your reply, I just spoke to the visa department who confirmed the same

What's the processing time once my wife is in the Philippines to get her visa approved do you think? Is there any fast track or quick way to get visa processed from the Philippines? Does having a British child in uk in education have any positive effect on this process?

Last question please, how do you accurately calculate the days inside the uk? 180 days is in one calendar year?
I want to make sure she doesn't over stay of course.

thanks a lot.

[CR001]

There should be an option for Priority service, which costs more. The online process will tell you if the centre offers it.

It is 180 days in a 12 month period/cycle, not calendar years.

Hope she hasn't been using the free NHS services.

[Lewis123]

She has used NHS. We went to see our local practice and they said it was fine and they issued her a NHS number as well. I have paid the IHC fee now of £500 in prep for the visa application.

Is there any type of other visa what so ever to apply whilst here to extend or anything?

[CR001]

She could try FLR(FP) but they can take a year or more to decide due to the abuse of this visa route and visitors attempting to remain in the UK instead of returning home. There have been many refusals. It is seen as 'visitors coming and attempting to circumvent the immigration rules of applying for a more difficult spouse visa outside the UK'.

The easiest way, to be honest, is to return home and apply.

[Lewis123]

Oh I thought the FLR (FP) was if you couldn't meet the requirements like financials.
I want to do this the right way as its our permanent plan to settle.

How long do you think it will take to get her visa?

Can I make the submittal and send all the stuff from my home in uk and she sends her passport to me prior to me sending it all special delivery? I'm assuming they want all the supporting documents originals etc.

[CR001]

She must apply in the Philippines and follow the online instructions. She needs her passport and some other bits to submit there. Supporting documents I belief go to Sheffield in the UK.

The online system will tell you.

Form VAF4A (online) and Appendix 2 must be both be completed. The latter being a paper form.