Tier1(general)dependent extension or flr(m)

[rivercam]

Hi Guys

I am quite follower of this forum from past few weeks and found forum is lot useful and I really need your help.

My self is completing HSMP+Tier(1)general 5years by 15 August 2012 and wife came here as Tier1 dependent in may 2009 and granted leave until 15 August 2012. We both lived together until august 2011 and we had a child born in UK who is currently with my wife in my home country.The reason my wife and child are away is due to complicated care arrangements for my child's illness.He was born with congenital heart condition and had multiple operations here in UK and spent most of his life in hospitals.My wife spent most of her time in UK in hospitals and found quite difficult without family support.My parents and in laws came here on visitor visas and supported for some time but we all felt its much easier if can care him in home country so my wife and child left UK last year August (after his birth, doctors did not allow him to fly until august 2011).

Anyways, since I am eligible for ILR by 15 Aug 2012, I booked PEO Appointment on 13 August 2012 for myself--I really cant afford to have postal application because I need to travel in September due to important work assignment.

Now coming back to the real issue--My wife's extension--Until recently I am not aware of these rule changes and this 5 year spousal rules are bit hard. so I asked my wife to come here UK next week so that she can extend her visa, so that she can aviod this 5 year rule. Since we both lived together more than 2 years and she got leave to enter in may 2009 I think she still come under old rules and can avoid 5 year ILR criteria --Am i correct in thinking in this rule?(provided if she extends her leave before 15 aug 2012).
I looked at the option of her to including in my ILR but she is missing life in uk test and I dont think she can do it in next few weeks time.So I really need your help here how can I extend her stay after 15 august 2012.

1.Which form should she fill in--PBS dependent or FLR(M)??? since I won't get my ILR until 13rd august and not sure whether I can get the approval on same day because of recent PEO IT issues (although my application is very straight forward) don't know how can I prove and provide my settlement status for FLR(M) if they don't decide on same day and thinking whether she can extend her visa under PBS dependent-- but not sure because my PBS Tier1 status also ending on 15 august 2012.

2. Say If I was approved on same day or if luck favors me and get an earlier appointment, is FLR(M) the right one she need to fill in and she is subjected all the new financial requirements except 5years settlement rule. since I need to score the points for my ILR-- I am showing my earnings proof which is well above the new financial requirements, do I still need to submit my bank statements and payslips or the ILR approval letter is enough?

I'm really sorry guys, this post got bit long and moderators if it is not appropriate please move to the appropriate section--I am confused where should I post.

Thanks in advance.

[lionking3010]

Once your ILR is approved she can use flr m for extension of stay in UK.She can then immediately eligible to apply for ILR sice she has already spent two years with you since her last entry clearance. Yes you do need bank statements of yours for her application for flr m.
I think she can even apply from abroad after her visa get expired. Not sure why you are hurrying up to bring her here.you will be still consider against old rules.

[rivercam]

dear lionking,
I don't understand--how she can apply from abroad? technically her visa expires on 15th august 2012 and she need to apply as a spouse of settled person after that at abroad meaning she comes under new rules??
Are you saying,when she applies for ILR,they only look when she first got the entry clearance and whether she spent 2 years with me? that saves lot of hassle and I can ask her to wait until I get my ILR.
Thanks for your inputs

[lionking3010]

She will not come under new rules as she has already been grated dependent visa, New rules is applicable to only those who are applying dependent visa for the first time after 9th July. Call to VSF (if this is there in your country) and ask them if she can apply FLR as soon as you get ILR. Only issue I can see that they would need your passport with her application. You need to sort this out.