Hi All,
Its bad news again!!!!
We went with our FLR(M) application with all the documents, and the lady at the (PEO) said none of the PEOs will consider FLR(M) applications for spouse visa extensions.
She confirmed this after she spoke to Croyden PEO for about 15 minutes explaining everything.
I explained that the very purpose of the FLR (M) was to extend the stay as a spouse of person settled.
She said that is what the form says, yes, but they only consider the FLR(M) for extending stay in cases where the applicant was switching from marraige visa etc into a spouse visa, in-country, but not for fixing the gaps or re-issuing spouse visa!
But i also pointed out that in the form FLR(M) it specifically asks whether the applicant had already taken an EC and entered teh country as spouse and then it asks for the marraige certificate and other financial documents to proces the application for extension, which only means that FLR(M) should be considered for procesing an extension.
But she said, yes, i can see those things, but that she has also consulted Croyden and they have confirmed that the FLR(M) canot be used for
outside the rules case, where the spouse has been away from UK for more than 28 days.
So i asked what options were there for us.
She said, for any spouse visa case, where the spouse has been outside the UK (for more than 28 days), it becomes
outside the rulescase and can be considered, even for extensions (to fill the gap etc.), by only aplying in post, adding all documents to explain you maintained contact and the reason why she was away from the UK, etc.
If the case worker is satisfied, they will issue an extension. If they reject, then we will have an appeal right, and that we should use that appeal right to appeal and because of that the spouse will be allowed to stay in the country until the appeal decision comes through.
I re-confirmed if all this complexity applies for a case like ours where she has been only away from UK for 5.5 months and she said yes, and it applies for any spouse cases where the spouse has been away form UK for more than 28 days at a stretch.
So the only option for us now is to send the FLR(M) by post and see if they will issue an extension for that 5.5 or 6 months.
Tomorrow i will go and get an Indian visitor visa for my daughter so that if the adverse happens and my wife will have to leave, our baby will have the right to enter India with my wife and i can go and drop them there and slowly wind up my affairs here in teh UK and move in another 5-6 months time.
We will give the postal route a try, like they have advised and then pack our bags as a family to India
I have a long established consultancy business here, so i will take about 3-4 months to wind up things. I have got running contracts that run until next year, so will need to se how i can sort that out. Anyway!
But anyway, that's the result and the FLR(M) was not considered.
I am at least hoping clairy would have got her husbands' ILR successfully. Lets have some good news today please.
Clairey, come on, give us that good news!
