FLR(M) application rejected,Limited Leave to remain given

[san12]

Hello Forum members,
First I would like to thanks John for his advise to me. The Good news is that my wife granted Limited Leave to remain for 3 years. Her earlier application FLR(M) was rejected, then I wrote a letter to Home office and raise Article 8 of Human rights.
Is it possible for her to re-apply as a spouse of a British citizen while living in U.K by using FLR(M) form.?
Thanks

[mrlookforward]

She can't apply for flr(m) from within UK. If you have all the documents required, then she will be able to obtain spouse visa from her home country. In case her spouse visa is refused, her DL will still remain valid.

[san12]

She can't apply for flr(m) from within UK. If you have all the documents required, then she will be able to obtain spouse visa from her home country. In case her spouse visa is refused, her DL will still remain valid.

Today I rang Home office and they told me that she can apply for further leave to remain as a spouse of British Citizen with in country if she wish so?
It is very confusing, Please clarify?
Thank

[mrlookforward]

I have already told you what the position is. I personally wont rely on information given by UKBA call centre operators at all. If she could get spouse visa, then why would they refuse it in first place, then grant a DL and then say she can apply for spouse visa.

[Wanderer]

I have already told you what the position is. I personally wont rely on information given by UKBA call centre operators at all. If she could get spouse visa, then why would they refuse it in first place, then grant a DL and then say she can apply for spouse visa.

Yup - unless u get it in writing assume the arse is doing the talking..

Think Jeffrey Archer...

[san12]

Thanks for your reply.

I need advise based on my wife situation:

I became British Citizen in Feb 2010 as I was British National overseas without any citizenship. Before I became Citizen I was on student visa and my wife was dependent of a student. We are married enter to U.K in January 2003.

Our student visa expired in Nov.2009 and further extension were rejected,once I became British Citizen my wife applied for FLR(M) while our student visa application was in Home office.

My wife FLR(M) application rejected and we wrote back to Home office, they gave her Limited leave to remain in U.K for 3 years. Limited leave to remain start from June 2010 but our last visa was until November 2009.

In the view of above:

1.As mentioned earlier my wife can not swith in to spouse of a British citizen by using FLR(M) FORM while living in U.K?
2. she is going to complete her 10 years in January 2012, can she apply for ILR on the bases of long residence?

Thanks

[mrlookforward]

1.As mentioned earlier my wife can not swith in to spouse of a British citizen by using FLR(M) FORM while living in U.K?
This query has already been answered. If you are looking for a magic pill, then I have got one. I charge a million pounds for it.

2. she is going to complete her 10 years in January 2012, can she apply for ILR on the bases of long residence?
No, she can't, because she was in UK illegaly between Nov 2009 and June 2010. This stopped her clock for 10 years legal residence.

[Casa]

I suggest you seek advice from a qualified OISC Registered Legal Advisor, or from a solicitor is listed with the Law Society and specialises in Immigration Law.