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Conditions of extending Spouse Visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Smiggy
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Posts: 77
Joined: Mon May 20, 2013 11:00 am

Conditions of extending Spouse Visa

Post by Smiggy » Mon Sep 28, 2015 9:42 pm

Hi everyone.

It's been a while since, I've logged on here. I hope is all well with everyone. :)

My wife has been for two years now:

http://www.immigrationboards.com/immigr ... 54664.html

And, I know we need to start preparing for her extension. I had a few questions, which, I can't find on the gov.uk website.

1) Is she required to pass the B1 English test at the point of extension of her Visa or when we apply for indefinite leave after 5 years?

2) Is the annual salary requirement of £18600 still applicable? If so, is this from the date she arrived in the UK up until the date of her extension?

Thanks a bunch. :)

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Conditions of extending Spouse Visa

Post by Casa » Mon Sep 28, 2015 10:15 pm

Smiggy wrote:Hi everyone.

It's been a while since, I've logged on here. I hope is all well with everyone. :)

My wife has been for two years now:

http://www.immigrationboards.com/immigr ... 54664.html

And, I know we need to start preparing for her extension. I had a few questions, which, I can't find on the gov.uk website.

1) Is she required to pass the B1 English test at the point of extension of her Visa or when we apply for indefinite leave after 5 years? A1 level for the extension, B1 and Life in the UK for ILR

2) Is the annual salary requirement of £18600 still applicable? If so, is this from the date she arrived in the UK up until the date of her extension? Remains @ £18,600 for the 12 months prior to submitting the FLR(M) application. Income can be joint.

Thanks a bunch. :)
If your wife is applying after November of this year, ensure that her A1 level English test is on the new approved list for tests and test providers.
https://www.gov.uk/government/uploads/s ... entres.pdf
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Smiggy
Junior Member
Posts: 77
Joined: Mon May 20, 2013 11:00 am

Re: Conditions of extending Spouse Visa

Post by Smiggy » Mon Sep 28, 2015 10:21 pm

Casa wrote:
Smiggy wrote:Hi everyone.

It's been a while since, I've logged on here. I hope is all well with everyone. :)

My wife has been for two years now:

http://www.immigrationboards.com/immigr ... 54664.html

And, I know we need to start preparing for her extension. I had a few questions, which, I can't find on the gov.uk website.

1) Is she required to pass the B1 English test at the point of extension of her Visa or when we apply for indefinite leave after 5 years? A1 level for the extension, B1 and Life in the UK for ILR

2) Is the annual salary requirement of £18600 still applicable? If so, is this from the date she arrived in the UK up until the date of her extension? Remains @ £18,600 for the 12 months prior to submitting the FLR(M) application. Income can be joint.

Thanks a bunch. :)
If your wife is applying after November of this year, ensure that her A1 level English test is on the new approved list for tests and test providers.
https://www.gov.uk/government/uploads/s ... entres.pdf
Hi Casa,

Many thanks for your response. It is much appreciated.

If I can just clarify. I re-call my wife did an A1 test before she came to the UK. So, can she use that apply for the extension or is she required to re-do it.

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Casa
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Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Conditions of extending Spouse Visa

Post by Casa » Mon Sep 28, 2015 10:25 pm

If it's not on the updated list of approved test/test providers in the link I've posted, it won't be valid for an application submitted after November. (I believe Nov 5th, although that may have stuck in my mind due to it being Guy Fawkes night!). :? But definitely, November this year.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Smiggy
Junior Member
Posts: 77
Joined: Mon May 20, 2013 11:00 am

Re: Conditions of extending Spouse Visa

Post by Smiggy » Mon Sep 28, 2015 10:39 pm

Casa wrote:If it's not on the updated list of approved test/test providers in the link I've posted, it won't be valid for an application submitted after November. (I believe Nov 5th, although that may have stuck in my mind due to it being Guy Fawkes night!). :? But definitely, November this year.
I'll review the list from above.

Are we allowed to apply for an extension early instead of waiting nearer the time of expiry?

Smiggy
Junior Member
Posts: 77
Joined: Mon May 20, 2013 11:00 am

Re: Conditions of extending Spouse Visa

Post by Smiggy » Mon Sep 28, 2015 11:25 pm

If someone can also help me with this one.

After reading through the guidelines before applying for an FLM(RA, it says:

https://www.gov.uk/government/uploads/s ... _04-15.pdf
If you are applying for an extension of stay under the Part 8 Transitional provisions (rather than indefinite leave to remain) even though you have completed or are about to complete 2 years permitted stay as the partner of the same person, give the reason in section 2 of the application form and explain in more detail in a letter if necessary. Possible reasons are that you have not yet obtained a relevant qualification demonstrating your knowledge of the English language and life in the UK (KoLL); or that you prefer to apply for an extension of stay because of personal circumstances to do with your relationship with your partner.
Does this mean she does not have to provide or pass an A1 at this stage since she's already in the UK?

vinny
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Re: Conditions of extending Spouse Visa

Post by vinny » Tue Sep 29, 2015 2:06 am

Keep an eye on 32D.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Smiggy
Junior Member
Posts: 77
Joined: Mon May 20, 2013 11:00 am

Re: Conditions of extending Spouse Visa

Post by Smiggy » Tue Sep 29, 2015 7:03 am

Hi vinny,

Thanks for that reassurance.

The original certificate was burned because of criminals setting our old flat on fire, but still have photocopies.

Will this suffice or will they just know which, one it was by looking back on the records?

We've also had a daughter who is over 1 year old. Can that help in her application getting approved?

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Conditions of extending Spouse Visa

Post by vinny » Tue Sep 29, 2015 7:43 am

Hopefully, they should should have records.

Note that Casa may be correct.
Applying for a UK visa: approved English language tests wrote:Anyone who has taken a previously approved test on or before 5 April 2015 may still use it in a UK immigration application until 5 November 2015 providing the test is one of those detailed in the transitional approved tests list.
Perhaps they may be referring to first time applicants who had never been successful with a English test in a previous application. Or, they may change 32D? So, do keep an eye on 32D.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Smiggy
Junior Member
Posts: 77
Joined: Mon May 20, 2013 11:00 am

Re: Conditions of extending Spouse Visa

Post by Smiggy » Tue Sep 29, 2015 9:39 am

Hi vinny,

Yes, it's this point I'm trying to clarify whether it refers to new applicants or not. I don't want her application getting declined because of this, and having to get deported when we share a child now.

Is there anyway of contacting the Home Office directly regarding this?

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