FLR (M) application form doubt

[ryz777]

hi all, hope you can help, I am in the process of filling FLR M application form and I have a doubt on Section B-Maintenance. It says 'you only need to complete this section if'

ii) you were granted leave to enter or remain as a partner under Chapter 8 of the immigration rules following an application submitted before 9 July 2012.

My wife was granted FLR M on 22/11/2012 (after July) following an application made on 18/04/2012 (before July)

Do we need to complete this section??

any help would be much appreciated.

Thank you.

[Obie]

Is it not Set M that your wife should be looking at, as it appeared she was given a 27 months entry under the Old rules.

Has she been unable to pass the B1 Exam or Life in the UK Test.

[ryz777]

Thanks for your reply Obie,

The reason we are applying for another FLR is that she had to spend long periods away from UK for medical reasons.

[Obie]

don't think that should affect Set M. Don't believe there is a restriction on how long they can send overseas.

[ryz777]

She came to UK in May 2010 as spouse of British Citizen

Applied for ILR in April 2012,

ILR refused due to having an unspent conviction (£35 court fine for having an invalid ticket on a train)

Granted FLR instead in Nov 2012

Had to go India in Dec 2012 to be with her ill grandfather who later passed away.

Whilst she was there she had a minor fall on the stairs, ever since she started having recurring pain where she had a surgery previously which meant she always needed assistance which is why we took the decision to let her stay with her family untill she recovers.

Came back to UK in June 2014 after 1 year and 5 months absence on the 2 year FLR period.

Which is why we are applying for another FLR.

[ryz777]

anybody know the answer to my original question?

Do I need to complete Section B - Maintenance?

[Obie]

Not necessary.

A277A of the Immigration rules appear to be engaged.

You are under the old rules.

[ryz777]

much appreciated obie!

[vinny]

They may also require proof of subsisting marriage during her period outside the UK.

If her conviction is spent, then agree (4.6) with Obie that she may apply for SET(M), if she passed the Life in the UK test and B1 English requirements, etc.

[ryz777]

Yes I have proof of communication,

Visited her 3 times whilst she was there

LIUK passed back in 2011

Done a City & Guilds B1 English exam

Conviction was in April 2011, so I take it it's spent now?

are we eligible for SET M??

[vinny]

Compare the requirements between FLR(M) (284) and SET(M) (288), then decide.

[ryz777]

Hi folks, will try and make it as simple as poss, hope you can shed some light on this for us,

My wife came to UK in May 2010 as spouse of British Citizen

Applied for ILR in April 2012,

ILR refused due to having an unspent conviction (£35 court fine for having an invalid ticket on a train)

Granted FLR instead in Nov 2012

Had to go India in Dec 2012 to be with her ill grandfather who later passed away.

Whilst she was there she had an accident which meant she could not return to the UK till she recovered.

Came back to UK in June 2014 after 1 year and 5 months absence on the 2 year FLR period.

Hence the lengthy absence we applied for and another granted FLR in Nov 2014 which will expire in Nov 2016.

My question is do we have to wait until the end of the current FLR period (Nov 2016) to apply for ILR? or can we apply now considering that she had spent enough time in the UK (under the old rules) to be eligible for ILR.

any help would much appreciated.

Regards

Ali.

[vinny]

Possible, subject to the criminality threshold, etc.

[ryz777]

Conviction is definetley spent as it was back in 2010.

She has LIUK and B1 English cert.