FLR(M) or PBS Dependant?

[britisher]

My Background;
Oct 2009: Got extension to Tier 1 General (expiry 2013). However, qualified for ILR in 2011 which I applied and got it in that year.
Apr 2010: Got Married and my wife came to UK as Tier 1 (General) Dependant
Jul 2011 : Wife went back to India and had a baby
Oct 2011: I got ILR based on 5 years stay in UK. Until then I was on Tier 1 General Visa
Aug 2012: Wife applied for visa using Family Settlement Application Form (VAF4A) for both herself and our baby.
Oct 2012: Wife received SPOUSE/CP Visa based on my ILR for a duration of 2years 7months.

Now my question is what is SPOUSE/CP Visa? Is it FLR(M) or PBS Dependant? Note that I originally got ILR after being Tier 1 General Migrant.

This question mainly comes in the light of my wife and kid Visa due to expire in July 2015. I am confused if I need to use FLR(M) or PBS Dependant form for their Visa application. I am inclined to think it would be FLR(M). However, the exceptions link for FLR(M) https://www.gov.uk/remain-in-uk-family/exceptions says that "If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category." This is what worries me. As I was Tier 1 before getting ILR, should my wife be now applying for PBS dependant?

Please would you clarify this point for me?

[vinny]

As she applied for a SPOUSE/CP Visa after 9th July, 2012, I think that she was granted leave as a partner under Appendix FM (Leave should have been granted for 33 months). Therefore, they may extend on FLR(M) until they complete their 5 years under appendix FM and subsequently apply for SET(M).

[britisher]

Hi Vinny, Thank you very much for the clarification. Going through the documentation, even I am inclined to go for FLR(M). Since getting the Visa extension is really crucial to continue with the family life, I am being very cautious to ensure I get this process absolutely right. I called up the UKVI on 20 May 2015 and asked the very same question giving all my details. The person that handled the call patiently listened all that I said about me and politely said she is not sure which form to use and offered to pass this question to the right person to study and give a callback. I am still waiting for the callback. Not sure if I'll get a conclusive answer. My wife and son's visa is due to expire in JUL 2015. My son just got admission into a school for reception and also we are expecting second child in Oct 2015. With many more family commitments underway, Its far too penalizing to get the Visa process wrong by choosing a wrong form and then risking overstay. If you were me, please would you let me know how you would ensure this is 100% right form? Apologize if I sound repetitive or whining. At this stage, I really do not want to risk taking any chance with the family life. I also tried to read as much documentation available as possible but this question of "FLR(M) or PBS Dependant" still worries me. Please Help.

[CR001]

It is definitely FLR(M) as she is on a spouse settlement visa (VAF4A) and not a PBS Dependent visa.

What are the exact start and end dates of her current visa? Curious as you say she received a visa for 27 months.

[Obie]

It is definitely FLR(M) as she is on a spouse settlement visa (VAF4A) and not a PBS Dependent visa.

What are the exact start and end dates of her current visa? Curious as you say she received a visa for 27 months.

The visa she received was for 2 years 7 months , which appears over 27 months. It is more consistent with the 33 months visa that they issue, although not quite.

[britisher]

Hi CR001, Obie,

I checked the Visa details more clearly this time. It starts from 11-Oct-2012 and ends on 11-Jul-2015. A clear 33 months. My sincere apologies for gross miscalculation from my end. From the response CR001 and Obie gave, I take it that no changes since 11-Oct-2012 to date prevents the Spouse Visa holders to use PBS dependant Visa form and FLR(M) is the clear way ahead? I did try hard reading through many posts and the docs titled "Immigration Rules part 8: family members" and "Immigration Rules appendix FM: family members". I was only confusing myself more.

[CR001]

It is FLR(M) and Appendix FM for your spouse.

Your spouse will also have to pay the new NHS Surcharge for her visa extension.

[britisher]

Thanks CR001 for confirming it. I'll get the paper work started to apply for FLR(M). Waiting for the UKVI response seems pointless with all the consistent response from you, Obie and Vinny. I really appreciate the noble service offered by you all in this forum.

Also I am digging deeper into my pocket to pay NHS surcharge of -> £200 per year X 3 years X 2 members = £1200 additional amount that was newly introduced last month. Thank you very much once again for the help offered.

[britisher]

This might sound a silly question. In the form FLR(M), I am confused between the below two options:

1)First period of leave to remain (following an initial period of entry clearance as a partner of a settled person, or following an initial period of entry clearance as a fiancé(e) or proposed civil partner of a settled person - 6 months)
2)Second period of leave to remain (following initial grant of leave to remain).

My wife came in with Entry Clearance - Spouse Visa and is nearly completing 32 Months. Now she is due for the renewal to serve the next 30months to qualify for 5 years stay before we apply for ILR. Which option should we choose (1) or (2) in FLR(M)?

Option (1) seems more likely but the explanation given in braces and ending with 6 months (is it only for fiancé(e)) is cause for confusion. Please would you clarify?