FLR(M) switch 10-year route to 5-year

[London_888]

Hi everyone!

I just received Leave to Remain as 'Family Member as a partner on the 10-year route'.
I've read so much information on here and other forums but am still very confused whether I can simply re-apply and switch to 5 year one.

I was put on 10-year route because of the overstay but was able to prove 'unjustifiably harsh cirsumstances' if I were to come back to my home country and refusal would breach Article 8. Can I apply with the same set of documents + BRP, using the form FLR(M) and asking to be put on 5-year route? The lawyer said I have to follow the 10-year route now but they've been wrong before and what they say contradicts my understanding of the rules.

Any advice will be much appreciated.

[secret.simon]

As this is your first post, we don't have any knowledge of your immigration history.

But it appears that you do not meet the requirements of FLR(M).

If you fail to meet the requirements under FLR(M), but do prove 'unjustifiably harsh circumstances' or otherwise engage the provisions of Article 8, you are put on the 10 year pathway to ILR. That is normal.

To be on the five year pathway to ILR, you need to meet the full requirements of FLR(M).

If you do not, but you engage Article 8 or some other provisions, you are allowed to stay in the UK (i.e. you now have limited leave to remain), but you will be on the 10 year pathway to ILR.

[London_888]

Thank you for your reply.

When I applied, I didn't meet immigration requirement for FLR(M) as I overstayed my visa. But, thankfully, they put me on 10 year route because of the Article 8 etc.

What I don't understand is whether I can now apply for FLR(M) again, using the same set of documents + my BRP. Immigration requirement will be fulfilled, as I'm in the country legally now.

Would they put me on a 5-year route to ILR instead?

[CR001]

If you meet all the requirement for FLR(M) (financial, English, cohabitation evidence etc), then yes you can apply. You will have to pay the visa and IHS fees again.

All fees are increasing on 4th October.

announces/fees-2018-t228357.html#p2129507

[London_888]

Thank very much for this. Now it all makes sense.

I might wait for first extension and start 5-year route then. If only it wasn't so expensive!

[secret.simon]

I might wait for first extension and start 5-year route then.

Keep in mind that your ILR clock will reset to zero when you switch pathways anyway. So, if you are granted FLR(M) at a later time, keep in mind that you will need to complete five years on FLR(M) from that point in time to be eligible for ILR, assuming that the rules don't change.

[London_888]

I might wait for first extension and start 5-year route then.

Keep in mind that your ILR clock will reset to zero when you switch pathways anyway. So, if you are granted FLR(M) at a later time, keep in mind that you will need to complete five years on FLR(M) from that point in time to be eligible for ILR, assuming that the rules don't change.

Great, thank you for clarifying!