Should I apply for an FLR (O)

[mtebbit]

My wife, daughter and I recently came across to the UK to visit my sick mother, my wife came on a family visit visa. Now I'm in the UK I think that it's best to settle here so I can be close to my mother, unfortunately by the time my wife's visa expires I won't be able to meet the 6 month financial criteria - we'll need more time to meet the requirements. As I'll be working I won't be able to leave the country and neither my wife or I wants to be separated from our daughter for a period of months - what is the chance of Immigration providing an extension to my wife's visa on the grounds that we'll need the time to meet the criteria for permanent settlement. It's not going to be a cheap route as we'll need to pay for the extension cost, the health surcharge and then the settlement fee but if there's a good chance we'd be approved I think it's worth it to not be separated.

Thanks for your opinions and any information you provide.

[Casa]

Unfortunately the Home Office won't see your reasons for an extension as 'compelling and compassionate'. Your wife's only option is ro return to her home country and wait until you're in the position to meet all the conditions required for a spouse settlement visa. There is no category of visa that can be applied for from within the UK while on a visitor visa.
What nationality does your daughter hold? I'm assuming she is under 18?
Just one additional point. You mention 'permanent settlement'. Your wife won't qualify for this until she has completed a total of 5 years in the UK on a spouse visa.

[mtebbit]

Thanks for your prompt reply, I thought that would be the case. When I said permanent settlement I meant a spouse visa, there is a 2 year route for settlement isn't there? Can you help out with another question, my daughter is 2 and a British citizen - the financial requirement remains at just £18,600 as she's not considered a dependant, correct?

If I claim benefits such as working tax credits as an individual for myself and child tax credits and child benefit for my daughter do you know if that affects the spouse visa application?

Thanks again.

[Casa]

Thanks for your prompt reply, I thought that would be the case. When I said permanent settlement I meant a spouse visa, there is a 2 year route for settlement isn't there? Can you help out with another question, my daughter is 2 and a British citizen - the financial requirement remains at just £18,600 as she's not considered a dependant, correct?

If I claim benefits such as working tax credits as an individual for myself and child tax credits and child benefit for my daughter do you know if that affects the spouse visa application?

Thanks again.

There is no longer a 2 year option as the route to permanent settlement has been extended to 5 years. This is issued as an initial 33 months (application from outside of the UK) followed by a further 2.5 year extension. The financial conditions must be met at each stage, together with payment of the new NHS surcharge (£600 for the first visa and £500 for the subsequent one). This is in addition to the £956 spouse settlement visa fee and £649 when your wife applies for her FLR(M) extension after 2,5 years.
Your daughter doesn't need to be included in the financial income calculation. Working tax credits must be claimed in joint names once your wife is resident here and child benefit in your name only.
https://www.gov.uk/tax-credits-calculator

[mtebbit]

Thanks very much for the speedy replies, everything seems quite hard to fathom and getting advice is tricky. One final question, the £18,600 a year earnings level, do I have to be earning that for a set period before we apply or is a contract and a few paychecks sufficient.

[Casa]

You'll need a minimum of 6 months payslips showing pro-rata annual income of £18,600 + corresponding 6 months of bank statements and a letter from your employer on company headed paper confirming your employment terms and salary.
This link should help:
https://www.gov.uk/join-family-in-uk/overview

[Obie]

She does not have to go, if she is needed to provide care for an ailing relatives. She could apply for an extension ones her visa expired. The only downside is, she will not be able to qualify under the 5 year route to ILR if she applied from within the UK.