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[rai75]

Hi, My wife came to the uk on a spouse via last year. She came from India to the UK via the spouse via.
She has been here nearly 10 month and she is now pregnant.

She has not passed her A2 / B1 exams.

Having the baby born in the UK, will that make any difference to her situation of becoming permenant resident in the uk? Or will she still have to pass her A2 / B1 exams?

Will her visa get extended with having the baby? She was given a 2.5 visa when she came last year.
If so, what do I need to complete the get the visa extended.

Please advise

Thank you

[Casa]

Hi, My wife came to the uk on a spouse via last year. She came from India to the UK via the spouse via.
She has been here nearly 10 month and she is now pregnant.

She has not passed her A2 / B1 exams.

Having the baby born in the UK, will that make any difference to her situation of becoming permenant resident in the uk? Or will she still have to pass her A2 / B1 exams?

Will her visa get extended with having the baby? She was given a 2.5 visa when she came last year.
If so, what do I need to complete the get the visa extended.

Please advise

Thank you

https://www.gov.uk/government/publicati ... -form-flrm

The baby's birth makes no difference to your wife's path to settlement. She will need to complete this initial period of 2.5 years and will then have to apply for another 2.5 year FLR(M) extension before qualifying for ILR.

A2 level English will be required for FLR(M). B1 level + Life in the UK test for ILR. You will be required to meet the same income level that you met for the Spouse entry visa for both FLR(M) and ILR.

[rai75]

Hi, thanks for your reply.

If the visa gets extended after 2.5 years for another 2.5 years (so my wife stays here the 5 years), what happens then if she still not passed any of the required tests?

The child will be 4 years old then, would my wife have to go back to india? Where would the child stay?
Will the childen be classed as british?

If wife has to go back then, can we apply again via the child or any other way?

Please advise

[seagul]

Hi, thanks for your reply.

If the visa gets extended after 2.5 years for another 2.5 years (so my wife stays here the 5 years), what happens then if she still not passed any of the required tests?

Please advise

I think you are overthinking and overplanning because if you think that your wife has got poor ability in passing such tests then you can start preparation for passing that test far in advance.

[rai75]

Hi,

But in the worst case what does happen after 5 years - if no test passed.

[Casa]

Hi,

But in the worst case what does happen after 5 years - if no test passed.

For ILR, apply for another FLR(M) 2.5 year extension. If she is unable to pass the A2 level English test, apply for FLR(FP) Partner route.

As has already been advised, your wife should start preparing for the tests in good time.

[rai75]

Hi, My wife came on the spouse visa from India to the UK. She has now been here 15 months and we have just had our first child. She passed the A1 course in India. Her visa runs out in early 2020. Does she need to pass any courses in the UK before that the visa expires in 2020? or can she just get an extended visa of 2.5 years without passing any courses (eg the A2 / B1)

How many months before should you apply for the visa extension to get another 2.5 years?

Also when should you attempt to pass the A2 / B1 course? can they be done now?

Please advise

[Londoner007]

Having a child in UK will not exempt her from the Language requirement.

She will need to pass atleast A2. She can attempt at anytime and even B1 if she wants.

The earliest she can apply is 28 days before you reach 30 months (2.5 years) in the UK.

[CR001]

Are you sure her visa expires in 2020??? Your previous posts state she came to the UK on a spouse visa in June 2017.

I have also merged your topic with the one from April, where you have asked the same questions and were given the advice already.

[rai75]

It says on the card it expires in march 2020. It was issued in Jun 2017.

If she were not to pass the A2 by March 2020 - does that mean she would get sent back?
As you need to pass the A2 to get the extended 2.5 visa?

Or can you get the extra 2.5 years visa but then have to pass A2 & B1 in the extended visa.

Please advise

[secret.simon]

If she were not to pass the A2 by March 2020 - does that mean she would get sent back?
As you need to pass the A2 to get the extended 2.5 visa?

If she is unable to pass the A2 level English test, apply for FLR(FP) Partner route.

The FLR(FP) route is generally a 10 year route to ILR. But she will need at least a B1 to get both ILR and citizenship in any case.

Or can you get the extra 2.5 years visa but then have to pass A2 & B1 in the extended visa.

She needs to have at least an A2 before applying for the extension, though if she gets a B1, nothing like it. She will need a B1 for both ILR and British citizenship.

She still has a couple of years to go. I am sure that if she starts studying earnestly, she should be able to make it.

[rai75]

thanks for the information (I will get studying now). I just wanted to know if she did not get her A2 by the time the visa runs out (or she struggles with doing an A2).

will she then have to go back to india and - redo her A1?

I just wanted to know this for reference.

Please advise

[Londoner007]

Why exactly do you think she will not pass it? Are there any medical reasons for it etc?

If she has already done A1, then A2 she should easily pass. It's the same test just slightly longer.

If she does not pass the A2, then her FLR (M) will be refused and she will need to explore other routes for staying in UK, like FLR (FP)