Conflicting immigration advise - who is correct???

[Suzie Canuck]

I was looking at switching out of my current Tier 1(general) visa in favour of the unmarried partner route. On discussing this with an immigration consultant, I was advised that should my FLR(M) application be unsuccessful, my tier 1 visa (and any subsequent right to extend it) would become void because "I would be declaring a new intention for being in the UK", at which point my only option would be to appeal or go home.

Subsequent to this, an immigration lawyer advised me this was NOT the case; that the only reason this situation would arise is if the UKBA thought I used deception in my application (which of course, I will not do). They stated that as long as I still had leave left on my tier 1, it would remain valid and I would still have the option to extend (assuming I meet the points threshold).

Does anyone here have any insight on which advice is correct?? Confused and panicking a little - and feeling like its hard to trust anything I hear as I keep getting conflicting information.

Essentially, I just wanted to go the FLR(M) route so I could study part-time next year, but if there's a posibility of jeopardizing my ability to in the UK at all - I'm really afraid to risk it just to go to school.

Thanks so much,

Suz

[rizwan567]

I think there should not be a problem in applying for FLR(M) and there is no risk of you having your Tier 1 General visa void.

[Suzie Canuck]

Thanks!

Do you think there would be any trouble in extending it (I meet the points criteria) if I am refused for the FLR(M)? I would be looking to extend about 6 months after in Tier 1, if I can't get the partner visa.


Thanks so much - please excuse my paranoia....

[geriatrix]

an immigration lawyer advised me this was NOT the case; that the only reason this situation would arise is if the UKBA thought I used deception in my application (which of course, I will not do). They stated that as long as I still had leave left on my tier 1, it would remain valid and I would still have the option to extend (assuming I meet the points threshold).

Correct.