need help for FLR(M).. urgent

[anupav]

hello guys,

I have applied for ILR at cardiff PEO and my application is sent for further checks. I need to apply FLR(M) for my life (less than 2 years in UK) once i get my ILR done. Her visa is due to expire on 12th June 2012. I don't think i will get my visa i time to apply FLR(M) for her. can she stay in UK after the date of her visa expiry and apply for FLR(M) or does she need to go back to India (home country) and apply from there.

please help guys ..I am very much confused...

thanks a lot in advance

[Greenie]

no she should not overstay. If you haven't had a decision by the expiry of her visa then apply for FLR(M) by post and ask that the decision on her application is made after yours. Given the processing times for postal applications this is likely to be the case anyway.

[anupav]

thanks a lot for your quick reply... one quick question ...as she has some plans to travel to India , can she apply for FLR(M) from there?

[Greenie]

FLR(M) is an in country application. If she wants to apply from India she would have to apply for entry clearance as the spouse of a settled person once your application has been granted. However the rules are unclear as to whether a person can combine leave as a PBS dependent with leave as the spouse of a settled person in order to qualify for ILR where s/he has applied for a new entry clearance rather than an extension of leave from within the UK. Applying for entry clearance may mean that she has to wait a further two years to apply for settlement. She will also have to wait in India until her application is decided, and this can take a few months at the moment.