FLR M for spouse

[Surendra.manne]

Hello All, I'm in a tricky position. Married in Oct 2010. Spouse was in UK by Nov 2010. I got my ILR in June 2012. Since she hasn't completed 2 years, applied for FLR M on 5th July 2012. Status of FLR M is still pending. Biometric's done in Oct 2012.
Question: 1. Now that she has completed her 2 years, can I get her passport back and apply for her ILR?

[feigoronin]

Hello All, I'm in a tricky position. Married in Oct 2010. Spouse was in UK by Nov 2010. I got my ILR in June 2012. Since she hasn't completed 2 years, applied for FLR M on 5th July 2012. Status of FLR M is still pending. Biometric's done in Oct 2012.
Question: 1. Now that she has completed her 2 years, can I get her passport back and apply for her ILR?

If you ask for her passport back, will she have a valid (non-expired) visa to remain in UK? I guess not. Even if she does, what benefit do you see in doing so? Home office has anyways deducted fee for FLR(M), which they won't refund. So you can apply for her ILR once you get her FLR(M). You could have probably waited for her current dependent visa to be in its last 28 days period and filed for her ILR. You don't necessarily need to spend exact 24 months(2 yrs).

[Surendra.manne]

If you ask for her passport back, will she have a valid (non-expired) visa to remain in UK? I guess not. Even if she does, what benefit do you see in doing so? Home office has anyways deducted fee for FLR(M), which they won't refund. So you can apply for her ILR once you get her FLR(M). You could have probably waited for her current dependent visa to be in its last 28 days period and filed for her ILR. You don't necessarily need to spend exact 24 months(2 yrs).[/quote]

She got a valid visa till Jan 28, 2013. Not entirely sure whether I will be receiving the passport back by Jan 28th if I request for that tomorrow. I'm aware of the fees refund will not be done but at the least I dont need to wait indefinitely

[feigoronin]

If you ask for her passport back, will she have a valid (non-expired) visa to remain in UK? I guess not. Even if she does, what benefit do you see in doing so? Home office has anyways deducted fee for FLR(M), which they won't refund. So you can apply for her ILR once you get her FLR(M). You could have probably waited for her current dependent visa to be in its last 28 days period and filed for her ILR. You don't necessarily need to spend exact 24 months(2 yrs).

She got a valid visa till Jan 28, 2013. Not entirely sure whether I will be receiving the passport back by Jan 28th if I request for that tomorrow. I'm aware of the fees refund will not be done but at the least I dont need to wait indefinitely

There is no reason why you would want to rush. While your application is being processed and even if the visa expires, she would remain a legal immigrant. Since her current visa expiry is close I would recommend you wait till your current application is processed else you do have a risk of not getting it back before 28th.