COVID-Spouse Visa Extension with not too many days left

[gk12]

Hi

A similar question has been posted recently but I would like some guidance for our specific situation please.

I am on Tier 2 (Gen) Visa that is valid until 16th May 2020. My partner is on PBS dependent visa. My BRP appointment for ILR application is scheduled on 13th May 2020 - rescheduled from 01st Apr due to UKVCAS closures.

Could you please help with the following questions:

i) Can we submit my partner's FLR(M) visa application currently (i.e. 28 days prior to 16May) even though we won't be able to book BRP appointment? Or do we have to seek visa extension until 31st May as is the guidance on home office website

ii) For submitting my partners's FLR(M) application, do we have to wait until the 13th of May, after my BRP appointment or can this be done prior to 13th May?

iii) Considering we apply for FLR(M) extension prior to 16th May but are unable to secure a BRP appointment for my partner's application prior to 16th May, would that be in compliance with immigration rules?

Many thanks. Any clarity you can provide on above questions will be greatly appreciated.

[CR001]

Why are you changing your PBS Dependent to FLR(M)??

Are you applying for ILR based on Tier 2 or based on 10 years long residence??

[gk12]

Thanks for quick response. Please note my response to your questions below:

Why are you changing your PBS Dependent to FLR(M)??


Are you applying for ILR based on Tier 2 or based on 10 years long residence??

-This is for extension of my partner's stay as our visas expire on 16th May. Have I got it wrong?

-I am applying for ILR based on Tier 2 - 5 year visa route.

[CR001]

Applying to change to FLR(M) resets her clock for ILR to zero and a new 5 years (2 x 2.5 year visas). So do not do this.

She must apply for a 3 year PBS Dependent extension before her visa expires.

[gk12]

Many thanks for the clarity. I get what you mean. Thanks for your help.