Student visa to FLR(M), please help.

[jraj]

Hi,

I wanted to check whether my wife can apply for FLR(M). Her situation in the past two years has been the following:
She was holding a Tier-1/HSMP visa from 2007 to 2010. She lived with me in UK from 2007 to 2009. In 2009 she went back to India to give birth to our child. In 2010 she came back to UK with a student visa and started studying for masters course in a different city. Recently she finished her masters and has now joined me and living with me.

Can she apply for FLR(M) from within UK? For documentary proof i can show her bank statements which used to come to my residence in UK.

Thanks for your help

[Lucapooka]

Whether she otherwise qualifies is not under discussion but applications to switch from inside the UK are permitted if her current leave is other than a visitor (or was granted outside the normal scope of the rules). So as a student, she may apply for leave to remain using FLR(M).

[geriatrix]

And your own immigration status is ......

[jraj]

My own immigration status is ILR. The issue is that she has not been physically living with me for the past two years. She was in India for delivery for the first year and was in university for the whole of second year.

We have been married for 5 years.

[jraj]

Help please.

[Greenie]

There is no requirement that you have been living together for two years if you are legally married.