Switching from FLR FP 10yr to FLR M

[simms01]

Dear Members,

Thank you for reading my case.

My partner came to the UK under Tier 2 ICT, unbeknown to her and her company her application had just missed the April 2011 rules change by a handful of days, and meant it had 5yr max period.

This was appealed and then refused etc, then she was deemed as having overstayed, although we had a pending judicial review which was waiting a court date. During the JR process we applied for an FLR FP which was granted under the 10yr route, after which, HO wrote asking us if we were still pursing the JR, of which we withdrew, seemed to make sense and also like that's what they wanted us to do.

To cut the long story short, her current FLR FP expires in a year, but we're thinking of switching to FLR M for shorter route to ILR. I'm wondering if she qualifies given the above, plus the points below;

I'm a British citizen.
We're not (yet) married but have been living together for more than 3years
We have a child who's also a British citizen
I meet the financial requirements for FLR M
Given that she was marked as having overstayed, does this invalidate FLR M application?

Any advice would be greatly appreciated, plus also keen to hear from anyone who's done this switch.

Many thanks.

[CR001]

Your partner can switch to the 5 year FLR(M) route if they meet the requirements. Note that they will start a new 5 year route, ie 2 x 2.5 year visas.

You don't state how long your partner has been on FLR(FP)??

[simms01]

Hello,

Many thanks for your response.

She's been on FLR FP for 1.5 years, and it's a 10 year route. FLR M provides a shorter route to ILR at this point.

Am I correct to assume that based on the points I've put forward, your opinion is that she would qualify?

[seagul]

Hello,

Many thanks for your response.

She's been on FLR FP for 1.5 years, and it's a 10 year route. FLR M provides a shorter route to ILR at this point.

Am I correct to assume that based on the points I've put forward, your opinion is that she would qualify?

Also remember that on switching to flrm route her previously spent time towards ILR will reset to zero and new 5 yearly clock will start. If she hasn't got UK degree or not from English speaking country then she will have to pass ielts A1 test.

[simms01]

Hi,

She has a degree from an English speaking country, in any case English won't be an issue.

Also, she's 1.5yrs into a 10yr route to ILR, so resetting at this stage is actually an advantage.

I'm trying to establish if her application will be dismissed out of hand due to;

a. Having overstayed before, or
b. Switching from FLR FP to FLR M.

It seems to me none of these will be an issue?

[seagul]

Hi,

She has a degree from an English speaking country, in any case English won't be an issue.

I'm trying to establish if her application will be dismissed out of hand due to;

a. Having overstayed before, or
b. Switching from FLR FP to FLR M.

It seems to me none of these will be an issue?

A & B) no

If that degree is from outside the UK even from English speaking country but still NARIC comparability report will be needed to meet the English test requirement without A1 ielts test.

[simms01]

Ok thanks,

Seems clear, it's what i thought but was seeking a second opinion.

I will look at the English tests requirements.

We will now prepare for the application, hopefully same day service is available for this one.

Many thanks.

[CR001]

We will now prepare for the application, hopefully same day service is available for this one.

There is no 'same day decision' service at an HO premium service centre.

You apply online for FLR(M) and book an appointment with the third party agent, UKCVAS Sopra Steria, for biometrics and document checks. You upload all your supporting documents before your appointment.

Only two services are available. Standard service, which is 8 weeks (but could be up to 6 months) decision OR super priority service which costs an extra £800 and *could* be a decision within 24 hours, though not guaranteed.

[seagul]

.

We will now prepare for the application, hopefully same day service is available for this one.

Many thanks.

Yes super priority with additional cost but if the case is not straightforward then the decision doesn't arrive in 24hrs.