Immigrationboards.com

Hi Friends:
One of my friend has failed the LIFE IN THE UK test 2nd time,But managed to pass ESOL B2 English test ,his visa is expiring after 4 days,he is applying for ILR on the basis of 10 years long residence and he is living in the UK for 9 years and 11 months & 9 days,Currently he is on Tier 4 visa,He is very upset now,Any advice for him plz..

Unfortunately 276A2 will not apply to his case.

He should apply under FLR(FP) if his leave is about to expire to give him more time to pass the test.

Hopefully he will succeed and he can vary his leave to ILR.

He needs to apply for FLR(LR) not FLR(FP) if it's just KoLL he doesn't satisfy.

It's not the end of the world extending on FLR(LR) will give him plenty of time to complete KoLL and make SET(LR) straight forward as the ten years will be checked under FLR(LR).

After 9th July 2012, it seems a person can no longer apply for extension . They have to meet all the requirements of 276B. If they do, ILR is issued under 276, if they don't , then that is the end of the matter.

Unless you can assist with any provision that is contrary to the advise I provided above, then I believe the only option for the OP is to apply for FLR ( FP) try and pass his test and vary to Set (LR).

From my reading of the rules, the only people that can qualify under FLR ( LR), are those who applied for such extension before 9th July 2012, and on expiry of that leave, still could not meet the requirement.

The provision I cited above provide that those people granted extension following a successful application made before 9th July will remain subject to the rules that exist on the 8th July 2012, which means they can continue to apply for extension under that rule.

I will be most oblige if you can lead the thread to a provision that allows extension under Long residence for application made after 9th July 2012.

276A2. An extension of stay on the ground of long residence in the United Kingdom may be
granted for a period not exceeding 2 years provided that the Secretary of State is satisfied that
the requirement in paragraph 276A1 is met, and a person granted such an extension of stay
following an application made before 9 July 2012 will remain subject to the rules in force on 8
July 2012.

The above rule is split into two components. I've highlighted the second part, which is applicable only to those who applied before 9 July 2012, the first part is applicable for the OP. You must post the application before leave expires and keep proof of postage if you can.

Yeah it appears they are disjunctive rather than conjuctive .
So much for UK immigration rules, when one see and, it appears on first reading that another condition is applied.

Well he may qualify but will find that his last condition will apply. If he is on Tier 4 , he may be granted leave under the same conditions as before in terms of employment.

Long term wise it will be best for him to pass the test.