# FLR (M) or ILR?



## Lime Rickey (Jul 11, 2014)

Hello everyone if somebody could clarify this for me I would be extremely grateful. I have read numerous posts on this board and elsewhere, but just want to have someone spell it out to me as I haven't found a definitive answer yet. My wife is an Indian citizen and she was granted a spouse entry clearance visa on 12/08/13 which will expire on 12/05/16, a total lifespan of 2 years and 9 months. She applied for this in India and we now live together in the UK. When this visa is close to expiration will the next step be to apply for FLR (M)? Or as a married couple can we go directly for ILR?

The reason I ask is that the following passage taken from the FLR (M) application form guidance notes confused me:

"If you are applying for an extension of stay (rather 
than indefinite leave to remain) even though you 
have completed or are about to complete 2 years 
permitted stay as the partner of the same person, 
give the reason in section 4 of the application form 
and explain in more detail in a letter if necessary.
Possible reasons are that you have not yet 
obtained a relevant qualification demonstrating 
your knowledge of the English language and life in 
the UK; or that you prefer to apply for an extension 
of stay because of personal circumstances to do 
with your relationship with your partner."

I was under the impression that any post-July 2012 applicants must take the 5 year route and use FLR (M). But the above passage implies that this is not a necessity but rather an option available to applicants depending on their circumstances.

So for clarification, what will my next step need to be? Will I be able to apply for ILR for my wife after this entry clearance visa has run it's course or will I first have to complete another 2.5 years with a FLR (M) visa? I want to know with maximum time in advance for preparing documents etc. Any assistance on this topic is greatly appreciated. Many thanks.


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## WestCoastCanadianGirl (Mar 17, 2012)

You are definitely _post_ July 9, 2012 rules, so the 5 year route applies in your case.

Had you applied for your wife's spousal visa on or before July 8, 2012, you would have qualified for the 2-years-to-ILR route. However, since you did not have an application pending on or before July 8, 2012, you must apply for and be granted a second FLR(M) visa of 2.5 years in length before you may proceed to apply for ILR.


The application forms are a "multiple use" kind, meaning that people with different circumstances will all use the same form. The passage that you are questioning is only applicable to people who had initial entry visa applications lodged on or before July 8, 2012... when I went to apply for my FLR(M) after getting married in November '12, I encountered a gal at the PEO office in Solihull who was seeking to get ILR... however, since she had neglected to sit and pass her Life in the UK test, she was not eligible for ILR, so had to apply for an extension of her FLR(M) visa before it ran out so that she'd have enough time to book, revise for, sit and pass her test... the form you have in front of her would be the one she would have used to accomplish that.

Once she successfully completed her LiUK test, she could then go and re-apply for ILR at any time before the second FLR(M) expired... if it weren't for her LiUK oversight she would have qualified to apply fir ILR, so now that she satisfied the deficiency, she is welcome to apply again.


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