change to spouse visa from leave to remain under D-LTRP 1.2

[Steveb]

Hi,

My wife ( non EU national ) was granted leave to remain in UK within rule D-LTRP1.2 of appendix FM in December 2012 following a couple of tribunal hearings. Briefly she had entered on a visitor visa but our circumstances changed when we were in the UK and we wrongly applied for a spouse Visa which was correctly rejected. This was the only reason for rejection as we complied with the requirement for legitimate marriage , earnings/savings , accommodation etc ( and still do ) but the judge decided on balance that our human rights to family life would be disproportionately harmed if she was removed. The Home Office decision letter stated in order to qualify for settlement / indefinite leave she will have to complete 120 months in the UK with limited leave granted because Family Life with a Partner.

We applied and extended for another 30 months in Sept 2015 but we are coming to the end of 5 years and I wondered what is the best course of action.

1) Carry on under D-LTRP1.2 until 10 years are up and then apply for indefinite leave and hope it is granted

2) Apply as a spouse which I assume will be a five year route. We seem to have all the correct criteria for income, accommodation and have been married for 23 year with 2 kids ( one still 15 ).

Any advice would be gratefully accepted

Thanks, Steve

[Steveb]

Hi,

Sorry to re-post but we have to make a decision very soon about which route to take .

If anyone thinks the problems seems too complex for a message board reply and it would be better to get a lawyer then I will do that.

Any advice gratefully received.

Thanks

Steve

[CR001]

If you meet the requirements for FLR(M), then yes, she can apply for the normal spouse visa and a new 5 year route to ILR.

[New on forum]

Hi,

My wife ( non EU national ) was granted leave to remain in UK within rule D-LTRP1.2 of appendix FM in December 2012 following a couple of tribunal hearings. Briefly she had entered on a visitor visa but our circumstances changed when we were in the UK and we wrongly applied for a spouse Visa which was correctly rejected. This was the only reason for rejection as we complied with the requirement for legitimate marriage , earnings/savings , accommodation etc ( and still do ) but the judge decided on balance that our human rights to family life would be disproportionately harmed if she was removed. The Home Office decision letter stated in order to qualify for settlement / indefinite leave she will have to complete 120 months in the UK with limited leave granted because Family Life with a Partner.

We applied and extended for another 30 months in Sept 2015 but we are coming to the end of 5 years and I wondered what is the best course of action.

1) Carry on under D-LTRP1.2 until 10 years are up and then apply for indefinite leave and hope it is granted

2) Apply as a spouse which I assume will be a five year route. We seem to have all the correct criteria for income, accommodation and have been married for 23 year with 2 kids ( one still 15 ).

Any advice would be gratefully accepted

Thanks, Steve

If you apply flr m and if granted you will still be eligible for ILR around the same time as you would do on current leave to remain.
In addition on 5 year route you will have a headache of English language requirements and also will have to maintain the required income for ILR.
I don’t think it will be much beneficial for you.
But decision is of course yours.

[CR001]

If you apply flr m and if granted you will still be eligible for ILR around the same time as you would do on current leave to remain.
In addition on 5 year route you will have a headache of English language requirements and also will have to maintain the required income for ILR.
I don’t think it will be much beneficial for you.
But decision is of course yours.

The users spouse is on the 10 year FLR(FP) partner route. FLR(M) will shorten the time for ILR.

[Steveb]

Thanks for the responses.

We have already done 5 years on the FLR (FP) route so will either route, ( FP ) or (M), still have 5 years to go?

It seems if the routes are the same in cost and time , and there is an equal chance of getting leave to remain when the 5 years are up then we might as well stay on our current route applying with form FLR ( FP )

[CR001]

The current route doesn't require the financial criteria or English requirement.

FLR(M) does.

[kamsi]

It’s better for you to stay on your current leave to remain rather than switching into FLR(M). As already stated, if you were to switch you’ll still be eligible for ILR the same time you would if you switch. Also, if you switch you would have to:
- make sure you meet the financial requirements at every stage until you secure ILR
- if you loose your job, this could create a problem for you
- if there’s a change (God forbid) in your relationship/marriage this could be an issue
- you have to make sure you meet the accommodation requirement
- you will pay around 150 pounds to take an English test for the application

If I were in your situation, I would not switch