visa expired - help

[mochyn]

A friend went to BIrmingham to get ILR but had no idea what to do.
First of all she did not have an appointment and did not have a KOL cert.
Her spousal visa expires on march 4.
She now thinks she has to leave the country this week, she think they will deport her
What are her choices?

[geriatrix]

Apply for extension in current immigration category before it expires.
Does she meet the New English language requirements for partners, or will she need to pass an exam?

See also visa ran out


regards

[mochyn]

she will need KOL

[Casa]

She can apply for an extension - form FLR(M) to give her time to pass the KOL test, but for FLR she now needs to pass the A1 English test first.

[Greenie]

She needs to apply for the FLR(M) by tomorow at the latest if her visa expires on 4th March. She can apply by post.

[Casa]

But she needs the A1 English test in order to apply for FLR(M)...which I'm assuming she doesn't have.
I agree however that she needs to put an application in before expiry...and then have the right to appeal if it's refused due to no A1 test.
This new ruling is likely to be challenged before long through the courts anyway.
In the FLR(M) application she needs to ask for an extension due to the fact that she hasn't met the KOL/ESOL requirement.

[Greenie]

But she needs the A1 English test in order to apply for FLR(M)...which I'm assuming she doesn't have.
I agree however that she needs to put an application in before expiry...and then have the right to appeal if it's refused due to no A1 test.
This new ruling is likely to be challenged before long through the courts anyway.
In the FLR(M) application she needs to ask for an extension due to the fact that she hasn't met the KOL/ESOL requirement.

yes agree with you Casa but she can apply and then take the A1 test and provide the evidence before she gives her biometrics.

What ruling will be challenged? Do you mean the English language test requirement? If so yes have heard that permission has been granted for a JR on this issue however UKBA is bound to challenge it if it doesn't go their way. Also I think it is harder to argue that the English language requirement is discriminatory/unfair for applicants who have already spent two years in UK.