Options If Spouse Fails A2 Test For FLR

[Barnatistuta]

Hi,

My wife is non-EU (Laos) and has been here with me (British) on a spouse visa (5-year route) and our two British kids for about 2 years and 4 months so we are preparing for the A2 English test to obtain Further Leave to Remain (FLR). We fulfil every requirement necessary for FLR apart from the A2 test.

However, despite having been learning English at college for the last two years and us even resorting to a private tutor for a couple of hours a week over the last six months, she is still really struggling to get to grips with the English language and I do worry she will fail.

I was wondering what our options are if she does fail and is unable to pass before her current spouse visa runs out in September? I would find it incredible and extremely unfair if I should have to lose my wife and our children lose their mother merely due to her not being very good at learning foreign languages. I do, however, realise that the whole system is blatantly unfair...

I have read about the 10-year "FLR(FP) Exception - Appendix FM Paragraph EX.1" route, but have been told that this is usually only for people who don't fulfil the financial requirements. Is this correct? If not, is it possible to switch from the 5-year spouse visa to the 10-year FLR (FP) visa? Is anyone able to give a rough chance of success and a rough time scale if we did go down this route?

Also, she says that some of her Thai friends on Facebook etc claim that there is a way to pay a fee to stay in the UK and be given a further two years to pass the A2 test if you fail. I've never heard of such a thing in my years of UK immigration dealings and can't find anything about it on the Internet. Has anyone else heard of this?

Thanks in advance for any help you can provide.

[CR001]

The A2 is not much harder than the A1 she has already done. She can also do B1 then has that for when she reaches ILR stage.

FLR(FP) is possible but it means she loses the time she has been here already.

[ariamus]

The test is valid for 2 years so perhaps get her to book a test and if she does fail, she will understand the style of test and can improve accordingly.

Yes you have to pay for each re-test however better to do that than leave it too close to visa expiry.

[Barnatistuta]

Yes, we plan to start taking the exam several months in advance and repeating it in the hope of a pass. I was just wondering what our options were if, even after several tests, she still hasn't managed it. Is there an official channel anyone knows where I can ask the question directly to the government? I've searched and emailed a few only to get the response "We do not give immigration advice". :/

[ariamus]

but it means she loses the time she has been here already.

Is that always the case, that the clock is re-set and would need to complete 10 further years?

That’s 3 further FLR applications plus 1 last for ILR.

Wow.

[Casa]

but it means she loses the time she has been here already.

Is that always the case, that the clock is re-set and would need to complete 10 further years?

That’s 3 further FLR applications plus 1 last for ILR.

Wow.

Correct...

[secret.simon]

Just to clarify, she needs to complete 10 years in total, including the time she has already spent legally in the UK, in order to qualify for ILR under Long Residence. That will still be three further FLR(FP) applications, followed by one for ILR.

Be aware that she will need to successfully pass a B1 in English to apply for British citizenship anyway, if that is her intent at the end of the immigration journey.

[Barnatistuta]

If it has to be three further FLR and an ILR then so be it. Financially onerous, but that's the way of the world these days. Far better than me losing my wife and my kids losing their mother. You never know, whatever government is in power may come to its senses between now and then and change the rules during those 10 years. They've changed enough over the last 10!

Does anyone have experience of the 10-year FLR(FP) route? Are we allowed to transfer to that from the standard 5-year spouse visa without having to leave the UK and come back? Is it a straightforward process? Is there a good chance of success since we fulfil all the other requirements?

Thanks for the replies so far.

[CR001]

You can change to flr FP within the UK, no issue, many have done this.

[Barnatistuta]

Thanks CR001.

Has anyone heard of this 'pay a fee to get two more years to pass the A2' that she keeps talking about?

I can't find anything about it anywhere else.

[Casa]

Thanks CR001.

Has anyone heard of this 'pay a fee to get two more years to pass the A2' that she keeps talking about?

I can't find anything about it anywhere else.

She may be referring to the Immigration Rules pre-July 2012. If a spouse was unable to pass the Life in the UK test, they could apply for a 2 year extension under FLR(M). This was when the route to ILR was only 2 years. The Rules changed on the 9th July 2012