FLR(M)???

[SJ3072018]

I am looking to apply visa for my wife and need your help with her visa application.

1. She joined me in the UK in February 2010 on spouse visa when I was studying (I held Tier 4 student visa).
2. After my studies, I switched to post-study visa in Oct 2010 and her visa was switched as partner of PSW visa holder.
3. I switched tier 2 visa in September 2012 and my wife also got her visa renewed at the same time – she got partner of Tier-2.
4. After being 10 years in the country, I applied for ILR on 14th August 2015 and approved on the same day. My wife applied FLR(M) on 27th August 2015 and granted spouse visa on the same day, valid until 02/03/2018.

As her current visa is due to expire soon, I am seeking your advice on the following.

1. She has been in the UK for 7 years (completes 7 years in Feb 2018) on partner/spouse visa. Is she eligible to apply for ILR? Or does she need to apply for FLR(M) extension?
2. She passed life in the UK test in March 2013 and she passed ESOL Entry 3 English tests March 2014. Does she need to retake any of these tests now?
3. Her current passport expires in December 2019. Does she needs to renew her passport before applying for ILR or FLR(M) extension?

Thank you

[CR001]

1. No she is NOT eligible to apply for ILR and not sure why you think she is. She needs to apply for FLR(M) extension and meet all the same requirements again PLUS the new English A2 requirement.

2. ESOL is no longer accepted. She needs IELTS A2 SELT test. LIUK is ONLY for ILR and NOT for spouse visa extension.

3. No she does not need to renew it for FLR(M) but if it expires before she qualifies for ILR, she will have to renew it then.

[CR001]

Kindly desist from posting the same query in other members and timeline topics.

[SJ3072018]

Thanks for your reply.

I just want to make sure I have the right English certificates with me when I go to premium appointment in two weeks time. Can you please help me on this.

I called Home office regarding English language requirement. The advice I got is, if I have used the certificates as part of my previous application, I can use the same for extension. But the lady who answered the phone also said the test has to be from currently approved providers. I am really confused with her response. She asked me to refer to Appendix FM Paragraph 32.D, which says the following:

32D. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decision-maker will accept that certificate or result as valid if it is:
(a) from a provider which is no longer approved, or
(b) from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or
(c) from a test centre which is no longer approved, or
(d) past its validity date (if a validity date is required under Appendix O), provided that it is at or above the requisite level of the Common European Framework of Reference for Languages and when the subsequent application is made:
(i) the applicant has had continuous leave (disregarding any current period of overstaying where paragraph 39E of these Rules applies, as well as any previous period of overstaying where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied) as a partner or parent since the Home Office accepted the test certificate as valid; and
(ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of this Appendix.

Do you think, I can use the same certificates as per the above guidance?
I would really appreciate your response.

In case I can't use the same certificates, I'll have to take a test this week as I have my premium appointment in two weeks time. Thank you.

[SJ3072018]

Apologies for creating another post. But I am desperately looking for a clear answer to my question.

Can moderators or anyone with previous experience using ESOL certificate for FLR(M) extension please reply to my post.
Many thanks.

[Wosiwonkoko100]

weblink removed by moderator

Hi. I believe this is relevant to your question. The applicant in this instance used a previous English Language test that was submitted for the first FLR(M) on the basis of the appendix. However, the application was witheld (same day appointment) because the English test was not from an approved provided but the applicant had the opportunity to explain to the case worker and they looking up their own rules before accepting and giving them a decision. I imagine what this would have resulted to if they never made a premium appointment. I guess all i'm saying is, take it with a pinch of salt and take another test if you can.

[CR001]

weblink removed by moderator

Hi. I believe this is relevant to your question. The applicant in this instance used a previous English Language test that was submitted for the first FLR(M) on the basis of the appendix. However, the application was witheld (same day appointment) because the English test was not from an approved provided but the applicant had the opportunity to explain to the case worker and they looking up their own rules before accepting and giving them a decision. I imagine what this would have resulted to if they never made a premium appointment. I guess all i'm saying is, take it with a pinch of salt and take another test if you can.

Kindly refrain from posting links to other forum websites.

[SJ3072018]

Moderator, please reply to the question or let other people reply. Thanks.