Urgent FLR(M) eligibility question

[cluelesss]

Hi there,

I was on a Tier 1 General visa for 5 years and now received ILR. My wife joined me in the UK on Tier 1 General dependant visa in Mar13. So, she has been in the UK for only 2 months.

Looking at the can you apply page here

"his section is for those who applied for, or are applying for, leave to enter or leave to remain as a partner of a British citizen or a person who is settled here.

You cannot apply in a partner category if you:

are the spouse or partner of a person who is settled in the UK or has British citizenship if their most recent permission to stay was under tiers 1, 2, or 5 of the points-based system; and
you do not qualify for settlement yet.

Instead, you must apply as a dependant under the relevant category of points-based system.

Does this mean, she cannot apply on FLR(M).

Has anybody experience of applying FLR(m) whose sponsor's previous leave was as a Tier 1 General.

My Second question is if she is eligible to apply for FLR(m), does she need to submit proofs for cohabitation as she has recently arrived in the UK less than 2 months and not enough docs available.

Thanks,

[vinny]

She may continue as a PBS dependant until she qualifies for ILR.

If her PBS dependant leave was granted for longer than six months, then she may switch to FLR(M), if she wishes.

[cluelesss]

I just called ukba and they said i can only apply for my wife as a PBS dependant and cannot apply on FLR(M).

He further said that my wife as a PBS dependant will be eligible to apply for ILR after 2 years as my dependant.