Life in UK test

[bucky123]

My partner has just applied for the next 2.5 years visa as my spouse (I am UK citizen). She failed the life UK test twice. In the application which is currently with the home office, we included the 2 failed test results. She's booked another one for Feb 2016. How will this affects her application because she hasn't passed the life in UK test?

Secondly, while I was made redundant in April 2015. I had to claim benefit due to our financial situations but in July/October we both got a temporary jobs with recruitment agencies. With the temp job we are able to meet the financial requirement on joint income. We currently receive working/child tax credit & child benefits. Will this affects her application?

Her recruitment agency is now asking for work permit while our document is still in the home office awaiting decisions. Is she eligible to continue to work with home office acknowledgement letter and while we await home office decisions?

Thank you.

[Casa]

Yes she is permitted to work under section 3.c while her application is being processed. Is she applying for ILR after completing a second 2.5 year period? I ask this because the Life in the UK test isn't required for a FLR(M) application, only for ILR.
WTC, CTC must be claimed in joint names and CB in your name only. If the agency need confirmation of your wife's right to work they should use the Employers Checking Service. https://www.gov.uk/employee-immigration ... ent-status

[bucky123]

Hi,

Thank you so much for your quick responds. It's very helpful and assuring.
To answer your questions, my partner applied for further leave to remain after completing the first 2.5 years, we completed FLR(M) application form and we are still waiting for decisions for the past 8 weeks. Do you know long it takes for HM to respond? She did her Biometric in Dec 15. If she did not meet the life in UK requirements, will that affects her application?

Can you please send me the link to do with section 3.c regarding her employment rights.

Thank you.

[CR001]

If she applied for her extension before her previous visa expired, her existing conditions continue under section 3C.

She DOES NOT need life in the UK for FLR(M). It is ONLY required for ILR. Not having LIUK will have no effect on her FLR(M) application.

She ONLY needs to meet the English and the financial requirement as she did when she initially applied for her spouse visa.

[bucky123]

Hi,

Thank you for your responds.

Please how can she meet the English requirements, As you mentioned, if Life in the UK is not needed for FLR (M). I hope she pass the test this time because we have already booked it. But if she doesn't pass the test, what do we do and how can this affects her application. In a letter received from the home for the first 2.5 years in which which was granted 2.5 years leave to remain, it was mentioned in the letter that she did not meet the English requirement because at the time she couldn't take the Life in UK test due to her health condition during pregnancy but the home did not accept this reasons although the visa was still granted.

Can you please send me the link where I can find the information relating to section 3.c and right to work while application is still pending, so we can contact her employer.

Many thanks

[WR1]

Hi,

Thank you for your responds.

Please how can she meet the English requirements, As you mentioned, if Life in the UK is not needed for FLR (M). I hope she pass the test this time because we have already booked it. But if she doesn't pass the test, what do we do and how can this affects her application.

If she applied for her extension before her previous visa expired, her existing conditions continue under section 3C.

She DOES NOT need life in the UK for FLR(M). It is ONLY required for ILR. Not having LIUK will have no effect on her FLR(M) application.

She ONLY needs to meet the English and the financial requirement as she did when she initially applied for her spouse visa.

For FLR(M), Only English Level A1 of the SELT is required:

https://www.gov.uk/government/publicati ... uage-tests

[bucky123]

Hi,

Thank you so much for your support and advise, very helpful.

The application is already with the home office and my partner hasn't got CERF- A1 as required. We are not aware of A1 until I join this forum which is great! And as you mentioned, all she needed is to meet English and financial requirement. She hasn't got CERF A1 how do you think this will affects her application which is already in the home although the first one was granted without it.

Many thanks

[CR001]

If she does not submit the English A1 requirement or equivalent, her application is likely to be refused. The only exemption is if she is over 64 or if she is from one of the exempt English countries.

She would need to meet ALL the same requirements as she did when she first applied for her spouse visa.

[bucky123]

Hi,

Thank you for your respond.

She did not meet the English requirement in the first application and it was granted. I believe it will be in her favour again.

Pleased to be part of this forum.

[CR001]

What is her nationality?

[Casa]

Hi,

Thank you for your respond.

She did not meet the English requirement in the first application and it was granted. I believe it will be in her favour again.

Pleased to be part of this forum.

If you gave pregnancy as a reason for your wife not passing the A1 level English test for her first 2.5 year FLR(M) visa, what reason have you given this time?
A1 level English is very basic and I doubt that your wife can continue to get away without submitting this. In fact the Government intend to introduce a higher A2 level English test for the second FLR(M) extension.

Are you sure that she wasn't granted FLR(FP) and not FLR(M)?