What to do if 5year spousal visa comes to an end!

[AKL]

Hi There,

I am a British citizen and I have sponsored my husband on a spousal visa. His current visa (5 year route) is coming to an end in May however he has yet to pass the life in the UK test so we don't know what to do. If we apply for ILR which naturally would be the next step, the application will most likely be rejected because he has not passed the Life in the UK test. He has his English B1 qualification.

If we apply to extend the current visa it will just prolong the whole process and we don't know how long we then have to wait to apply for ILR, will we have to wait the 2.5 years again (assuming he has passed the life in the UK test) . It is our fault for not checking we assumed you only required the life in the uk test if you are applying for Citizenship otherwise we would have allowed plenty of time to revise.

We have managed to book two separate tests ( all that was available) so he will try his best I am just worried we have not allowed enough time.

I have not come across anyone with a similar situation so any advise would be much appreciated!

[secret.simon]

Your husband can extend on FLR(M) again, before his existing FLR(M) expires.

Provided he makes the FLR(M) application before the expiry of his existing leave to remain, he will remain covered under Section 3C of the Immigration Act 1971 and his residence in the UK will remain legal.

If he passes his LITUK test before the application is decided (which really depends on the caseworker, the Home Office case load and many other factors beyond his control), he can vary his FLR(M) application to a SET(M) ILR application. He will need to pay the difference between the FLR(M) fees and the SET(M) fees, but should (I am not certain on this point) get a refund on the IHS fees that he will have paid for the FLR(M) application.

If he passes his LITUK test after he is granted FLR(M), i.e. his application is successful, he can apply immediately for ILR on SET(M). But he will of course not get any refund on the fees he paid for his successful FLR(M) application.

[AKL]

Thank you for this - this has been very helpful - at least there is the option to extend his current visa thats a relief in it self- regardless of the outcome of the life in the UK test and all the money that will be involved we are both kicking our self for not allowing more time and doing our homework! I hope others will learn from our mistake.

[lolo2]

It seems you already booked the LIUK test?

There's still plenty of time to prepare and sit the test before the current leave expires. An hour or two of daily practice before the test with the multiple resources available on internet should be enough to pass.

The forum about Indefinite Leave to Remain has useful tips and sites that your husband can use to prepare. The results of the test are provided the same day, almost immediately and then you can submit the application for ILR even the same day if you wish.

[AKL]

Yes, we have managed to book two Life in the UK tests - one is on the 23rd the other 29th - Visa expires on the 3rd of May so hopefully it will be enough time for him to pass. keeping all fingers and toes crossed!!

[AmazonianX]

Yes, we have managed to book two Life in the UK tests - one is on the 23rd the other 29th - Visa expires on the 3rd of May so hopefully it will be enough time for him to pass. keeping all fingers and toes crossed!!

Wishing you success on it. Hope you have the application on standby so that as soon as passed, you input the pass test details and submit the application. Do not leave all to the very last of minute.

[AKL]

Yes, we have managed to book two Life in the UK tests - one is on the 23rd the other 29th - Visa expires on the 3rd of May so hopefully it will be enough time for him to pass. keeping all fingers and toes crossed!!

Wishing you success on it. Hope you have the application on standby so that as soon as passed, you input the pass test details and submit the application. Do not leave all to the very last of minute.

Thank you Yes all that is done , I have started the application all that remains is to update the life in the UK result, I presume we will be given an appointment so we can submit all the original documentations, thats what we have done twice prior when we applied for the first FLR and second FLR visas. So far the revision is going well I don't want to jinks it but hoping he will pass on Sunday and this whole nightmare can be over!!

[AmazonianX]

Yes, we have managed to book two Life in the UK tests - one is on the 23rd the other 29th - Visa expires on the 3rd of May so hopefully it will be enough time for him to pass. keeping all fingers and toes crossed!!

Wishing you success on it. Hope you have the application on standby so that as soon as passed, you input the pass test details and submit the application. Do not leave all to the very last of minute.

Thank you Yes all that is done , I have started the application all that remains is to update the life in the UK result, I presume we will be given an appointment so we can submit all the original documentations, thats what we have done twice prior when we applied for the first FLR and second FLR visas. So far the revision is going well I don't want to jinks it but hoping he will pass on Sunday and this whole nightmare can be over!!

You dont submit the documents as such, you scan them and best is to upload the supporting documents yourself.

[AKL]

Yes, we have managed to book two Life in the UK tests - one is on the 23rd the other 29th - Visa expires on the 3rd of May so hopefully it will be enough time for him to pass. keeping all fingers and toes crossed!!

Wishing you success on it. Hope you have the application on standby so that as soon as passed, you input the pass test details and submit the application. Do not leave all to the very last of minute.

Thank you Yes all that is done , I have started the application all that remains is to update the life in the UK result, I presume we will be given an appointment so we can submit all the original documentations, thats what we have done twice prior when we applied for the first FLR and second FLR visas. So far the revision is going well I don't want to jinks it but hoping he will pass on Sunday and this whole nightmare can be over!!

You dont submit the documents as such, you scan them and best is to upload the supporting documents yourself.

Oh this I was not aware of, normally an appointment has been issued after the application online was made and all fees paid, we have had to attend the appointment, they scan all the supporting documents at one of their centres, thats what we done for the first 2.5yr visa and the second and they have emailed their response and sent the BRP card for my husband via post. I just assumed thats what will happen now because when I started the online application there is not a section on there for me to upload anything..how odd?

[AmazonianX]

You get that option to upload scanned copies of your supporting documents after making payment.
The option to take it to your appointment at UKVCAS is still there, hiwever as i presume you know this is a paid for service.

[AKL]

You get that option to upload scanned copies of your supporting documents after making payment.
The option to take it to your appointment at UKVCAS is still there, hiwever as i presume you know this is a paid for service.

Yes you are correct, I just saw that it costs £54 thats a lot for just scanning I will just do it myself thanks again!

[AKL]

Update:
Husband managed to pass the life in the UK test on the first go which was handy and his application was submitted on the 1st of May, his current 2.5 year visa runs out on the 3rd of May so we really just made it!

I was now wondering while we wait for a response, I presume that he is allowed to continue his employment until we hear back regarding his application, are there any restrictions and is there anything we need to provide his employer with such as a reference number or something of the sort?

[meself2]

As long as he made a valid application while his visa was still valid, he is covered under section 3C, which means his previous visa conditions (spouse visa, in your case) apply.
In terms of restrictions - he can't leave UK while application is processing, or it'll be considered withdrawn.

[AmazonianX]

Update:
Husband managed to pass the life in the UK test on the first go which was handy and his application was submitted on the 1st of May, his current 2.5 year visa runs out on the 3rd of May so we really just made it!

I was now wondering while we wait for a response, I presume that he is allowed to continue his employment until we hear back regarding his application, are there any restrictions and is there anything we need to provide his employer with such as a reference number or something of the sort?

He retains allmthe same rights he had with the previous immigration status so yes he is allowed to continue with his employment.
If the employer wants, they carry out what is called employers check.

[AKL]

thank you both ever so much for your replies