Terrible Timing

Thanks very much Sirius!

I'm still a bit unclear as to whether I apply for this outright or whether I am considered for it if they are not happy with my FLR(M) application....does anyone know this?

Basically, my plan now is to do everything I can to NOT be in this position...just hoping the timing job-wise all work itself out

Thanks very much Sirius!

I'm still a bit unclear as to whether I apply for this outright or whether I am considered for it if they are not happy with my FLR(M) application....does anyone know this?

Basically, my plan now is to do everything I can to NOT be in this position...just hoping the timing job-wise all work itself out

Looking on immigrationboards, they seem to be just putting them on this family 10 year route if they are refused and have a British child with them in the UK, which you will have. They received a 30 month visa with a letter stating why they didn't get the visa they applied for. I can't link you to that site because last time I did that, my post was deleted. You will have to google. I don't know if this automatically being put on the family route if you have a British child, will still work like that when the NHS levy starts.

If the '10 year a legal', route to ILR remains and they don't change the rules for those on this family 10 year visa, it seems your wife could apply for ILR when she completes 10 years legal stay in the UK.i.e. the time already spent on her spouse visa will be counted towards that 10 years. I'm happy to be corrected if someone has read something that says otherwise.

These are only internet forums though. Perhaps take advise from a good immigration solicitor if you need to use that route?

Cheers Sirius! It's a relief to know that if all else fails I *might still be allowed to continue towards IRL. Will definitely be keeping an eye on this and any changes to the rules over the next year. Sigh...

Cheers Sirius! It's a relief to know that if all else fails I *might still be allowed to continue towards IRL. Will definitely be keeping an eye on this and any changes to the rules over the next year. Sigh...

As you saw from the link I posted above, you would meet the requirements as you have a British child and meet these conditions:-

In applying for leave to remain from the UK, the applicant must not be in breach of immigration laws (disregarding any period of overstaying for a period of 28 days or less) or in the UK as a visitor, with leave granted for a period of 6 months or less or on temporary admission.

It's those without a British child and those who try to abuse the 7 years for a child route, that are getting refused. If they appeal under Human Rights they are then hit by the those changes under the Immigration Act 2014. The relevant part on using Human Rights came into force in July 2014 and for NHS, soon.

I just found this that is dated July 2014 and it seems to suggest you must apply
by no later than 28 days after your spouse visa expires if you want to ask for the 10 year family route. I haven't read all of it.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/340423/Private_Life_-_10-year_routes_guidance.pdf

The Article 8 bit from the Immigration Act 2014 changes are below, but it won't affect you as you have a British child (as you saw from the link I gave in a previous post) and entered on a spouse visa. This seems to be about Human Right appeals for those who are refused?
http://www.legislation.gov.uk/ukpga/2014/22/section/19/enacted