2 year limit on SELTS

[timco]

Hello All

My wife was refused her ILR last time because they changed the rules between application and when they actually got around to looking at the application and her IELT was no longer valid and rather than put the application on hold for two weeks while we pass a test they issued another 2 year FLR instead. Effectively stealing our money and denying us the right to appeal.

She passed one of these rather pointless SELTS which was so easy it was clearly only another way to bleed money out of people who choose to come here.

We did ask for a review but this was totally ignored not even getting a response to our letter.

Now time is coming round again (next April we can apply again) and the time to worry and plan approaching.

Not wanting to get fleeced again have been researching the SELTS I notice now that there is a two year limit on the SELTS. This did not exist when we sat it, now the one we sat will run out within 6 weeks after we can apply again. Does anyone know if they will do the same as last time and take the time when they look at the application and not the time they receive it. We applied in January last time and they only got round to looking at it in May so the old cert will be well past its 2 years if they do that again.

I don't think we will be taking any chances this time and I think my wife will be taking yet another test. This seems all the more ridiculous given her employment is now as a freelance interpreter working mainly for the NHS making sure those who speak Russian can understand and be understood by the English speaking medical practitioners. Lots of complicated words and not my cat!

Also the pub quiz certificate (you may know this as The Life In The UK Test) does this have a time limit too or will she have to sit this again and get 24/24 again!

[CR001]

Why are you waiting till near to her visa expiry to apply? You can apply at any point if she meets the requirement.

LIUK does not expire.

[timco]

Why are you waiting till near to her visa expiry to apply? You can apply at any point if she meets the requirement.

LIUK does not expire.

Sorry run that by me again

I always thought from reading the docs that if you have a FLR (we were given another 2 year FLR as part of the "transition arrangements") that you could not apply for ILR until within 28 days before the end of it.

You are saying this is not the case?

Can you point to where it says this?

[CR001]

If she qualified for ILR but failed due to the English and was granted another 2 year extension, she could have applied at any point once she met the SELT English requirement, there is no requirement to wait till near the end of visa expiry.

Clarify these for me :

What date was her initial visa granted and did she enter the UK?

What date did she qualify originally for ILR?

p.s. bear in mind that the fees go up in March/April each year.

[timco]

If she qualified for ILR but failed due to the English and was granted another 2 year extension, she could have applied at any point once she met the SELT English requirement, there is no requirement to wait till near the end of visa expiry.

Clarify these for me :

What date was her initial visa granted and did she enter the UK?
28/08 2012 - 06 October 2012 we applied before the new 5 year rules so are under the old 2 year ones

What date did she qualify originally for ILR?
Married 10 Jan 2013 applied as soon after this date as we could issued on 13th March 2013

p.s. bear in mind that the fees go up in March/April each year.

Very aware of this import duty going up!

I think the application process is the most stressful thing I have ever gone through!

[CR001]

What date was her initial visa granted and did she enter the UK?
28/08 2012 - 06 October 2012 we applied before the new 5 year rules so are under the old 2 year ones
So she applied before 9th July 2012. What visa did she apply for, was it a fiance visa?

What date did she qualify originally for ILR?
Married 10 Jan 2013 applied as soon after this date as we could issued on 13th March 2013
What did application did she apply for on 13th March??

I think the application process is the most stressful thing I have ever gone through! Yes, it is stressful, but hang in there, you are almost at the finish line.

The requirement is that she has to complete two years residence and the original two years will still qualify. If she gets an extension due to not meeting one of the requirements at ILR stage, she is able to reapply for ILR as soon as she HAS MET the specific requirement. HO can't issue a visa extension for 6 months, it would have had to be for 2 years as that is the route she falls under. However, there is no requirement at all that she has to wait the full two years on the extension visa. She could have applied as soon as she met the required English test.

[Casa]

Char, as they appear to have applied for a fiance visa ( )prior to the 9.07.12 change in the Rules, but switched to a spouse visa after the wedding in 2013, will they still come under the 'old rules' for 2 year settlement?

[CR001]

Char, as they appear to have applied for a fiance visa ( )prior to the 9.07.12 change in the Rules, but switched to a spouse visa after the wedding in 2013, will they still come under the 'old rules' for 2 year settlement?

Just read the dates again and they don't seem to make sense. Have edited my post in red to get clarity.

[timco]

What date was her initial visa granted and did she enter the UK?
28/08 2012 - 06 October 2012 we applied before the new 5 year rules so are under the old 2 year ones
So she applied before 9th July 2012, which is good as those rules still apply to her now. What visa did she apply for, was it a fiance visa?

What date did she qualify originally for ILR?
Married 10 Jan 2013 applied as soon after this date as we could issued on 13th March 2013
What did you apply for on 13th March??

Fiance Visa issued 28/08/12
Entered UK 6/10/12
Wedding 10 Jan 2013
FLR applied for in January 2013
FLR approved in March 2013 (this is the 13th bit)

ILR available after end of 2 year FLR provided we still in relationship etc.

We never changed to spouse it was part of the process that she was allowed into the country to get married provided we did so within 6 months then we apply for FLR whilst she was still in the country.

The old rules apply throughout the process this much I know for certain it, like most of this relationship, purely by accident that we did (26th June her Birthday also an accident not her birth but that the application went in that day) but we were very relieved when we found out.

[CR001]

When did she apply for ILR??

We never changed to spouse it was part of the process that she was allowed into the country to get married provided we did so within 6 months then we apply for FLR whilst she was still in the country.

Yes, we know the rules and route, your post wasn't very clear though, hence asking for clarification.

[timco]

When did she apply for ILR??

We never changed to spouse it was part of the process that she was allowed into the country to get married provided we did so within 6 months then we apply for FLR whilst she was still in the country.

Yes, we know the rules and route, your post wasn't very clear though, hence asking for clarification.

Within the 28 days before 13th march when FLR ran out not sure the exact date.

[CR001]

In 2015???

She can apply again for ILR at any point once she met the English requirement.

[timco]

Blast! Another £500 down the drain!

Now I can't sleep (working nights) due to excitement!

Thank you for this valuable information

[CR001]

Blast! Another £500 down the drain!

Now I can't sleep (working nights) due to excitement!

Thank you for this valuable information

£500 for what??

Applying now for ILR will cost £1,875 by post and £2,375 for in person on the day decision.

[timco]

Blast! Another £500 down the drain!

Now I can't sleep (working nights) due to excitement!

Thank you for this valuable information

£500 for what??

Difference between what it would have been if we had reapplied in 2015 and not now, actually looking it up it is only £375 but then looking the other way it was bound to be well over £2000 if we had waited till April 2017 so we are over all probably going to come out as not really having lost anything.

Have given my wife the good news now and new application will be on its way in the next couple of weeks.

Thank you for this invaluable help and all power to you keep up the very good work it is much appreciated.