Flr(M) Or Flr(O) Or Hpdl? Confused!
Posted 26 November 2012 - 04:46 PM
My wife initially came to the UK on a Fiance visa (i was the Sponsor) in 2002. Due to some issues, we didn't extend her visa in time and she became an overstayer.
FLR(M) was subsequently turned down. After much legal wrangling and tribunal appeals, in Dec 2009 she was given limited leave to remain for 3 years so that is expiring this december 2012.
In trying to estabilsh the correct form to use this time around, I have spoken to the people at UKBA twice. The first time, because I thought she had a Leave to remain (marriage) Visa, we were advised to apply with FLR(M)
I later realised that what is actually stated on her visa is as follows: Type of permit - 'Limited leave to remain'. also under remarks it says 'limited leave to remain in the UK'. The accompanying letter from UKBA says that LLTR was granted on a discretionary basis outside the immigration rules. In 2009 we were advised to use HDPL to extend her stay when the current visa expired.
So I called UKBA again and this time I was advised to use FLR(O) to extend her stay,
My confusion is that
1. FLR(O) does not seem to cater for her situation as a spouse to a settled person, and
2. the HDPL seems to cater only for asylum seekers, which she is not.
We have kids , and they are British. Should she go down this route and use FLR(O)?
I'm really worried about using the wrong form and losing the application fee.
Posted 26 November 2012 - 05:36 PM
Thanks for that.
So, if I understand this correctly, we fill in FLR(O), check the 'Other reasons not covered in other forms' box and then explain that she is applying as a spouse of a settled person that was granted DLR based on Leave outside the rules? We have lots of other documents to support her case of course, just confirming I'm on the right track here...
Posted 26 November 2012 - 07:21 PM
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