Spouse visa

[suzan999]

Hi
I have booked premium service this saturday the 18th foy my wife spouse visa.
She is currently holding student visa. Her visa will run out on 30th september 2016.
Is this ok to apply or she must need at least 6 moths visa on her passport.
I am really confused!!
Any information would be greatly appreciated.
Thanks

[vinny]

Assuming that you were a non PBS worker permit holder directly before being granted ILR: If she has KoLL, then she may apply for SET(O). Else, she may apply for FLR(O) under 196A, 196B.

Alternatively, if she applies for FLR(M), then her current leave must have been granted for a period that was over six months, etc.

[suzan999]

Hi vinny
Many thanks for your reply.
Just a bit details:
I am a british citizen with a british possport holder.
First she came to UK as tourist on 2007.
Then she came again as a student on September 2010.
She extend her student visa twice. Now its running out on 30/09/2016.
We got married here 2 weeks ago. Applied to the register office, waited 28 days period and then finally registered.
I am just confused about that 6 months!?!
Is it ok to apply for FLR(M)? I have already booked premium service for this saturday. Just found out that 6 months thingy!
Many many thanks

[vinny]

Of course, it's okay for her to apply for FLR(M), if she meets all the requirements of Appendix FM-SE, etc. Is her current leave granted for a period that's more than six months (E-LTRP.2.1)? Do you meet the financial requirements (E-LTRP.3.1), etc.?

However, if you were a non-PBS work permit holder immediately before being granted ILR, then she may also be eligible to apply under Part 5 (196A-196F). It's apparently an easier, faster direct route to ILR, subject to KoLL, etc.

[suzan999]

hi
yes she meets all the requirements of Appendix FM-SE.
her current leave was granted on 19/11/2014.
Yes I have meet the financial requirements.
Yes I was non-PBS work permit holder but I dont think she is eligible under Part 5 (196A-196F).
so, what is your advice please.
thank you

[vinny]

Yes I was non-PBS work permit holder but I dont think she is eligible under Part 5 (196A-196F).

What makes you think that?

[suzan999]

she was just student and worked for the part time. but not a regular basis.

[vinny]

How is that relevant? Did she work over her limit?

[suzan999]

No never ever on her term time.

[vinny]

Then it's not relevant to her satisfying Part 5 (196A-196F).

What other things are making you think that she doesn't qualify under Part 5 (196A-196F)?

[suzan999]

nothing else.
she was here legally. never refused visa. her university attendance was ok. she was 100% ok during her stay in UK.

[vinny]

Then it's simply your/her choice on which route to take, unless you can see something that prevents her from satisfying Part 5 (196A-196E).

[suzan999]

I am really sorry to say that she has not done Life in the UK!! because it was not relevent to her FLR(M) spouse visa.
do you think it would be wiser if i cancel the appointment for FLR(M) and apply SET (O) or FLR (O) whichever is suitable after her Life in the UK test.

[vinny]

I don't know. I don't think that she can get a refund?

[suzan999]

Ok no problem.
many many thanks for all your support and advice.
I will let you know here if application get success, ofcourse if you dont mind
thanks again.

[vinny]

Is it possible to reschedule appointment and change category until after KoLL?

[suzan999]

Its possible but i should have known this before
Going back to home country for marriage ceremony on 30th.
She got only 3 months! Just worried if incase immigration stop her to enter while we back!!
I spoke to my lawyer befor start her application who did my work permit and everything! So annoying that he never mention this route.
I dont know actually what to do.

[vinny]

The rules are complex and there have been changes to Part 5 over the years.

Yes, coming back on a student leave may be a problem if she has finished her studies.

On the bright side, there's doesn't seem to be anything preventing her from applying for SET(O) after she gets KoLL, while she's on FLR(M).

Discuss it with caseworker.

[suzan999]

Thats really great advice.
After coming back from home country i will discuss about SET (O) with a caseworker.
If its possible than obviously i will do that.
Thanks