BRP Expiry - Leave to enter

[jdhardcastle]

Good Day All

My Thai wife and I moved to the UK in Feb 2016 (I am UK citizen), we had been married for 12 years and living in Thailand. We successfully applied for a settlement visa and I assumed my wife was given Indefinite Leave to Enter but this is not clear now.

Her BRP expires on the 30/10/18 and I am not sure what we need to do. On her BRP under 'type of permit' it say SPOUSE/PARTNER LEAVE TO ENTER. Under remarks its say 'WORK PERMITTED'

Does this mean she has Indefinite Leave to Enter in which case it should be just a case of applying for a new permit.

As yet, she hasn't passed the life in the UK test. Does she need to pass this before we reapply?

Any help you can give is appreciated

Thanks
Jason

[vinny]

Unfortunately, there are no provisions since 9 July 2012 for giving your wife Indefinite Leave to Enter. She should extend on FLR(M) after thirty months in the UK from date of initial entry and before her leave expires. Minimum A2 English Language required, etc. She may subsequently apply for SET(M) no sooner than 28 days prior to completing 5 years in the UK and before her leave expires, subject then to KoLL, etc.

[RMansell]

Hi Jason,

I'm in exactly the same position as you, my wife has a leave to Enter BRP, and I can't find the right information about what to do next.....I'm not sure about the advise on this post as we've already paid the fees and TB test & English test.... do you know what you should do next??

Russell

[CR001]

Hi Jason,

I'm in exactly the same position as you, my wife has a leave to Enter BRP, and I can't find the right information about what to do next.....I'm not sure about the advise on this post as we've already paid the fees and TB test & English test.... do you know what you should do next??

Russell

If you click on the links provided by vinny, it explains.

You need 5 years on a spouse visa before applying for ILR. If you only have 2.5 years residence, you need to apply for a spouse visa extension. Spouse needs English A2 and you have to meet all the same financial requirements again for the extension. You also have to pay the fees and IHS fee again.

You must apply before the visa expires.