Unmarried partner settlement visa - 7 months out of country

[superspur]

I am a British Citizen, my partner is South Korean and has limited leave to remain as my unmarried partner obtained using form FLR(M).
My partner wants to apply for settlement using form SET(M), however due to medical problems has spent 7 months out of the country. All necessary medical evidence to prove the condition is in place and evidence we were in contact throughout the period of illness.
Should we apply for settlement or apply for an extension of limited leave to remain, to complete the 2 years required for settlement, using the FLR(M) form?

[batleykhan]

If you do not meet th eessential requirement for a settlement visa (because of the time you spent spent out of the UK)you will not get it. In my opinion spending 7 months out of the UK,is a bit to much.

Whilst I appreciate it was for medical reason, I still think you will not qualify and will have to apply for FLR rather than settlement. Once you have completed the required period, then simply apply for settlement.

I may be wrong,so wait for other opinions

[superspur]

Thanks for the reply.

I have a further question.

My partner's visa is due to expire on 13th March, having spent 7 months away with illness between Feb and September 2008.


If the FLR(M) application is successful do you think they will award a 7 month top up or will my partner have to start the 2 years again from September last year as that is the re-entry to the UK date?

Also a supplementary question.

As my partner was planning on applying for settlement, they have now completed the KOL test. Does this test ever expire or last forever?