FLR(M) or FLR(FP) Application.

[swetha1]

Hi,
Experts Please need your help.
Iam very confused as to what application I need to make for my extension which is going to be in few months time.
Iam not sure as to what application do I need to use FLR(M) or FLR(FP).
Just a little background
My husband is British with our kids British as well. I applied for ILR long back but was granted a 2.5 yrs visa in 2014 on FM Ex1 on the Variation of leave letter it states as follows
'' You applied for ILR as a spouse of a person present and settled but your application has been refused.
Whilst your application has been refused under paragraph 287(a)(i)(d) your application has been re considered in light of your current circumstances and it is accepted that you now meet the requirements of Paragraph EX.1 of Appendix FM.

So please explain this what it means and also what application do we need to prepare for the extension in few months time. If you need any more info do please feel free, your valuable advice is much appreciated.


Eagerly waiting for reply from the experts

Many Thanks
Swetha

[geriatrix]

What is written on your BRP under "Type of permit"?

[swetha1]

Thanks Geriatrix,
I just checked on the BRP it says Spouse/Partner.Leave to Remain
I hope thats what u wanted to know, if any more Queries let me know
I shall provide you the info.

Many Thanks
Swetha

[CR001]

It appears you need to apply for an extension on FLR(M) as you are on a spouse settlement visa.

[swetha1]

Thanks Cr001 for your reply,
My immigration history so far,
As i came to UK in 2008 on IGS Spouse entry clearance visa and then extended my Visa's in 2008,2009 under Point Based system dependant category. And in June 2012 i applied for ILR under Set M. As i had already completed my 5 yrs in UK as dependand of PBS, ILR(Long Residency) & British person. SET(M) was refused we went through appeals & hearing and without making an FLR(M) application the home office withdrew the case in 2014 and send this letter of Variation of leave, which states it is accepted that you now meet the requirements of Paragraph EX.1 of Appendix FM.
Do u still think i need to apply for FLR(M) or FLR(FP)
Is it not possible now that i already completed my 5 yrs of a dependant person under PBS as my entry was before 9th July 2012 and can apply for ILR.

We were looking at EX1.Appendix FM and it has 2 routes to settlement as well 5 & 10 yrs, my one looks 10yrs.i will copy paste that for your reference.

2.6. Family life under Appendix FM
Appendix FM provides two routes to settlement on the basis of family life as a partner or parent.
These are a 5-year route and a 10-year route where:
 the 5-year route as a partner or parent is for those who meet all of the suitability and
eligibility requirements of the Immigration Rules at every stage;
 the 10-year route as a partner or parent, which is only applicable to in-country
applications, is for those who meet all of the suitability requirements, but only certain of
the eligibility requirements as a partner or parent where paragraph EX.1. of Appendix FM
is also met. Paragraph EX.1. is not an exception to the Rules, but to certain eligibility
requirements of the 5-year partner and parent routes under Appendix FM. It provides the
basis on which an applicant in the UK who does not meet all of the eligibility
requirements of the 5-year partner or parent route can qualify for leave to remain under
the Rules on the basis of their family life in the UK.

Your Suggestions and help will be much appreciated. We do not want to make a incorrect application.

Many Thanks
Swetha

[CR001]

In 2012 you should have applied for ILR on form Set(O). You have been given FLR(M) under the old 2 year route rules.

Your question was which FLR form to use. You have not asked if you qualify for ILR so I have answered your question based on your first post.

[swetha1]

Thanks for your reply CR001,
Ya i should have done better in 2012, but was misguided by a solicitor to apply Set(M). Now my case is in front of you all experts so please advice me what's the best application i can make. I was given a visa of 30 months in 2014, but under old rules the Flr(M) was for 2yrs. All my time in UK i was on PBS dependant until 2014. My husband got his ILR on Long Residency in end of 2012 (and is British now) at which time my SET(M) was under consideration and UKBA was updated on regular basis about change in situations.

So my Question is what application shall i make to Home office, ILR application ,Flr(M) or Flr(fP). FYI information my elder kid is 7yrs old and british born in UK.
I eagerly wait for your precious advice in this complicated situation we are in.

Many Thanks

[swetha1]

Hi experts & Guru's

can someone please reply to my Query about which application I need to make as per my Case history that i have briefed in my earlier messages.

Awaiting eagerly to know your views & suggestions

Thanks In Advance

Swetha.