FLR(M) - Dependant of ILR (long residence)

[surid]

Please help

I would like to draw your kind attention to the fact that I arrived in the UK in July 2006 as a spouse dependent of my husband who was a student at that time. in January 2010 I became a PBS dependent of my husband. Then from May 2010 till May 2012 I was a dependant of my husband while he was on post study work. My husband applied for Indefinite Leave to Remain in the UK in February 2012 on the basis of 10 year long residence. Meanwhile, I applied for the extension of my visa (which expired on May 2012) before the expiration of my visa. As we were still awaiting the decision of my husbands application my lawyer used Form FLR(O) to make my application, mentioning in the covering letter that once the decision of my husbands application is made I would make a new application on Form FLR(M)

My husband got Indefinite Leave to Remain in the UK on September 2012. Now, I am in the process of making a new application on Form FLR(M). While filling in the application form I got into confusion whether I need to fill in the section 7A of the form or fill in section 7B Maintenance. The reason for my confusion is the following statement on the form:

“If you were granted leave to enter or remain as a partner following an application made before the 9th July 2012 you are not required to complete section 7A, Proceed to 7B MAINTENANCE.”

It is also mentioned in the guidance notes: “You need to meet the financial requirement if you made your first application to enter or remain here as a partner after 9th July 2012. “

Now my query is whether I have to fill in the section 7A of the form which is on page 17 or section 7B which is on page 26 , as I have been granted leave to remain as a partner for more than 5 years before 9th July 2012, bearing in mind the fact that my husband didn’t have settled status in the UK during that period but his status was legal throughout.

I shall be very grateful if anyone could provide some correct information.

Kind regards
Suridkoli

[geriatrix]

See Dependant of ILR (long residence) applicant on PBS leave

I am not sure why your "lawyer" (ill) advised you to apply for FLR(O) leave in the first place and is now (ill) advising you to make a new FLR(M) application when Section 3C leave is in play.

If he is really a "lawyer", he should have known that FLR(O) is not the appropriate application for extension of leave by dependant(s) of migrants applying for settlement under long residence and should also know that when section 3C leave is in play a new application cannot be made and one can only apply for variation of pending, undecided application (in your case it will be variation of an undecided FLR(O) application to FLR(M) application).

On a lighter note, why doesn't this lawyer know which part of section 7 of FLR(M) form applies to you!

[surid]

Hello Mr. Mehta, Many thanks for the reply.

Of course, what my lawyer has done (used form flr(O) instead of flr(m) ) is very annoying but the fact is its all past, its gone. My main concern now is how to fill in the Section 7A and 7B of the form. So far I’ve had two sittings with my lawyer regarding filling the form but without any outcome. According to my lawyer I’ve to fill both the sections 7A and 7B.

This is the only bit of the form that remains to be filled. If anyone could kindly advise as to which of the two sections (7A or 7B or both) I need to fill, I’ll be really grateful.

Kind regards

Farhana