Help a brother out - SET M or FLR M

[mduho]

Hello beautiful people!

I have my ILR - My fiancee has a Youth Mobility Scheme Tier 5

We plan to marry in the UK soonish then apply for her new visa.

Would she apply for FLR(M) or SET(M)?
Or is it she applies for the FLR(M) get the two years THEN SET(M) for ILR...?

So is this why the requirement of 2 years proof of cohabitation is only for same sex or unmarried partners or people who are extending their stay for the second time in FLR(M) and not moving on to a SET(M)...

What I'm asking here is that my wife and I don't have to be living together for two years right now for her to apply for her FLR(M)?... we're going to be married and it is all legit.

Please, Visa Gurus - help a brother out...

[CR001]

Hello beautiful people!

I have my ILR - My fiancee has a Youth Mobility Scheme Tier 5

We plan to marry in the UK soonish then apply for her new visa.

Would she apply for FLR(M) or SET(M)? She needs to apply on FLR(M) and you need to make sure you meet all the requirements including the financial/salary requirements
Or is it she applies for the FLR(M) get the two years THEN SET(M) for ILR...? With the new rules since July 2012, she will have to apply FLR(M) and will need to complete 5 years as spouse of Settled Person/BC, it is not 2 years anymore. Once she has completed 5 years, she can apply on SET(M) for ILR.

So is this why the requirement of 2 years proof of cohabitation is only for same gender or unmarried partners or people who are extending their stay for the second time in FLR(M) and not moving on to a SET(M)... Two years is a compulsory requirement for unmarried partner. How long have you and your wife been together and do you live together?

What I'm asking here is that my wife and I don't have to be living together for two years right now for her to apply for her FLR(M)?... we're going to be married and it is all legit.

Please, Visa Gurus - help a brother out...

[mduho]

We have been together for over a year - and have been living together since december 2012 - we plan to marry in august.

So are you saying that the FLR(M) is good for 5 years or is it still 2

Thank you.

[CR001]

You shouldn't have a problem if you are married to get the visa. FLR(M) is now issued 2.5 years and then you will have to apply again for another 2.5 years- new residence requirements for spouse is 5 years before you can apply for ILR.

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

[vinny]

Hello friends,

I am settled(ILR) here after having a Tier 1 for 5 years.
My wife who is currently on a working holiday visa of 2 years is planning to apply for FLR M as my spouse.

BUT now after I thought it was all going to go so smoothly, I have noticed this from the ukba website! (Isn't it always the way)

You cannot apply for leave to remain or indefinite leave to remain in a partner category if your last leave was as the partner of a former points-based system migrant who:

is settled in the UK and was granted settlement as a points-based system migrant; or
has British citizenship having been granted settlement as a points-based system migrant.

This makes me nervous and I am very confused... does this apply to us?
Doe we do the FLRM or apply as a dependant under the relevant category of points-based system (Teir 1).

Help me Immigration beards...you're my only hope!

[vinny]

Your wife's last leave wasn't as the partner of a former points-based system migrant. Therefore, she may not apply as a dependant under the relevant category of points-based system (Teir 1).

FLR(M) is correct.

[mduho]

Thank you so much - I suspected this was the answer, but going through the forms myself with all the legal language can make you doubt your own eyes.

Thanks again