Dear haris_zam,
A degree from Pakistan is
NOTconsidered as a degree from majority English speaking country. Majority English speaking countries according to UKVI,
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf page 7 of 39, are considered as follows,
1) Antigua and Barbuda
2) Guyana
3) Australia
4) Jamaica
5) The Bahamas
6) New Zealand
7) Barbados
8 St Kitts and Nevis
9) Belize
10) St Lucia
11) Canada
12) St Vincent and the Grenadines
13) Dominica
14) Trinidad and Tobago
15) Grenada
16) The United States of America
Your wife would have to pass English language test requirement as per to the latest rules released for Nov 2015,
https://www.gov.uk/english-language/app ... ifications
Please make sure your wife pass the English Language Requirement in good time while she has her passport with her.
As per to applying for FLR(FP) next year in 2016. You would be required to enter details of your wife as your dependent on the same FLR(FP) file you fill for yourself. Fee at the moment for FLR (FP) is £649 per individual. In your case the total fee for FLR (FP) application for yourself and your spouse would be £1298. You would also need to pay the IHS(NHS) fee surcharge, which currently stands at £ 500 per person for FLR(FP). In your case that mounts to £1,000 for yourself and your spouse for IHS fee. Thats £1298 (UKVI) + £1000(IHS) = £2,298
To the best of my understanding (please confirm this with your solicitor), once you reach your 28 days early to 10 year period and provided you haven't received a response from UKVI, you can go on to vary your FLR (FP) file to SET (LR) at PEO <£1,900>. There is no IHS surcharge for SET(LR). As you do not meet the minimum financial threshold of £18,600, best thing to do for your spouse at that time would be for her to send her FLR(FP) file again <£649) as main applicant to the HO in post. She might not have to pay for IHS again as she already paid for it when you applied for her as your dependent in the first FLR(FP) file.I believe your wife should send her FLR (FP) file as main applicant stating herself as your dependent 2 days before your PEO appointment. Unfortunately you cannot add dependents details in your SET(LR) file.
After your PEO appointment you should expect to receive your ILR in two to three weeks from UKVI (two to three weeks cause your passport would not be with you when you go for a PEO). In the mean time your wife shall be dealing with Biometrics etc. By the time you would had received your ILR, your wife would be taking her biometrics. The home office when working on her case shall then see that she as your dependent is eligible for FLR(FP) as you have ILR. Your wife may be granted FLR(FP) visa for 2 years 6 months. She would then have to renew FLR(FP) visa again for another 2 years 6 months. Having spent 5 years on FLR(FP) she might be eligible to apply for SET(LR) provided the absences from UK during those 5 years do not exceed the UKVI requirements.
To sum up everything in a nutshell,
1) Your spouse going for English language test - Cost = £ 300 Approx.
2) Your LIUK test for SET(LR) - Cost = £ 50 Approx
3) Apply FLR(FP) with your wife as your dependent - Cost = £1298 (UKVI) + £1000(IHS) = £2,298
4) If refusal comes in before you reaching your 28 days and you get an appeal for Ftt- Cost of Ftt = £280
4) Your spouse applying for FLR(FP) as lead applicant - Cost = £ 649 (No IHS, as that's already been paid).
5) You applying for varying from FLR(FP) to SET (LR) at PEO- Cost = £ 1,900
6) Your solicitors costs from point (3) to point (5) above - Cost = £ 1,700 Approx
Total Cost = £ 7,177 Approx
If you do not receive a decision for FLR(FP) and you go on to vary your file from FLR(FP) to SET(LR) you might be able to get a refund for yourself and your spouse for the first FLR(FP) for the amount of £1298 (from UKVI). Am not sure if you can get a refund for your IHS for £ 500 for FLR(FP). Your wife will however not qualify for a refund of £500 IHS fee as she would need to continue her IHS with her new file for FLR(FP).
It is mandatory your wife pass the English language requirement for FLR(FP). Please read
https://www.gov.uk/government/uploads/s ... t_2015.pdf page 8 of 8, point 23,
23. ENGLISH LANGUAGE REQUIREMENT
If you are applying for an extension of leave on the basis of your family life as a parent of a child
in the UK, you need to show that they can speak and understand English. You can do this in the
following ways:
• You are a national of a specified English speaking country.
• You have passed an English language test in speaking and listening at level A1 of the
• Common European Framework of Reference or above, with a Home Office approved provider.
• You have an academic qualification recognised by UK NARIC as equivalent to the standard of
a Bachelor’s or Master’s degree or PhD in the UK. This must have been taught in English.
• You are exempt from this requirement if you are over 65, have a physical or mental condition
which prevents you from meeting this requirement or there are exceptional circumstances
which would prevent you from meeting it.
Guidance on how to meet the English language requirement can be found on our website:
http://www.gov.uk/government/uploads/sy ... h_lang.pdf
If your spouse has done IELTS befoe coming to UK then she might be able to use that for FLR(FP) as IELTS is valid for 2 years. Even if she has done IELTS recently, you still need to check it with your solicitor for confirmation. Plus make sure you pass your LIUT before sending your first file for FLR(FP).
Again the above is just an opinion. Please seek legal advice from your legal representatives as your case is relatively complex to deal with. I do not take responsibility of your actions following this conversation.
Hope that helps.
