Extension of a Spouse Visa - Spouse is now UK Citizen

[bluephoenix71]

Hi all,

I was issued a spouse Visa 2.5 years ago while my wife is still holding an ILR visa Category. Now my spouse Visa will expire October this year and I need to renew my spouse Visa. My wife now is a British Citizen.

My questions are below:

1. Do I still use form FLR(M)? If not, what form should I be looking for and please send the link.
2. Do I need to again take IELTS? (I have been working as a network engineer in UK since December of 2011) and my projects are with Banks in Central London.
3. What is the average number of weeks of waiting time for my spouse visa to be processed if going through regular channels or post?
4. Is it beneficial for me to do a "personal" interview and pay the £400 fee?
5. Am I already entitled for ILR status? (Before having a spouse Visa, I was under Tier 2 Visa on late 2011)


Thank you very much,

[CR001]

1. It is form FLR(M) for a further 2.5 year extension.

2. You need to meet ALL the same requirements as you did when you first got your current visa. The work you do has nothing to do with the UKVI requirements.

3. It varies. You can apply in person for a same day decision, it costs about £500 more to do this.

4. It is now £500 for the same day appointment plus the visa fee. It is NOT an 'personal interview'.

5. No. You need 5 years on a spouse settlement visa to qualify for ILR (or 10 years long residence if you meet that sooner). There is no shortcut and you cannot count the time spent in the UK on Tier 2 G towards the 5 year residence.

[Casa]

You will also have to pay the NHS surcharge of £500 online before submitting your FLR(M) application. This is in addition to the visa fee.

[bluephoenix71]

Hi,

Thanks for answering my previous question, I was asked by my wife to ask again in detail...

I came to UK last July 2011 under a spouse visa of a domestic worker (private household)
I changed category to Tier 2 December 2011 when I worked for a Bank here in Central London.
I changed again category to spouse visa of an ILR holder visa (my wife's visa changed over time) when I applied in person in Croydon.
*the reason for the change is because I was made redundant before my 3 years is up. May of 2014
My spouse Visa now will expire on 26th October of this year. I have been working on my new employer since September of 2014.

I would like to know If I can apply for ILR given my situation above.


Thanks,

[Casa]

1. It is form FLR(M) for a further 2.5 year extension.

2. You need to meet ALL the same requirements as you did when you first got your current visa. The work you do has nothing to do with the UKVI requirements.

3. It varies. You can apply in person for a same day decision, it costs about £500 more to do this.

4. It is now £500 for the same day appointment plus the visa fee. It is NOT an 'personal interview'.

5. No. You need 5 years on a spouse settlement visa to qualify for ILR (or 10 years long residence if you meet that sooner). There is no shortcut and you cannot count the time spent in the UK on Tier 2 G towards the 5 year residence.

No. It's as CR001 advised above. Switching of visa categories re-set your settlement clock to zero. However, note No.5 above re ILR under 10 years long residence. Although from your most recent post it appears that you wouldn't reach this until 2021. The 5 year route you are now on will be quicker if you only have 2.5 years to go with this next FLR(M) extension. If your current visa doesn't expire until Oct, don't apply for FLR(M) too early, or you will fall short before the end of the qualifying term for ILR and will need to extend again.

[bluephoenix71]

Thanks for answering.

I think my best route then is to get
-An online appointment for mid-September
-Pay the NHS online? Or can I pay for that in person when I apply in person on September?

I never did submit an IELTS/Pearson English exam certificate when I applied for a Spouse Visa for an ILR, so it means I do not need to retake it?

Thanks,

[CR001]

Thanks for answering.

I think my best route then is to get
-An online appointment for mid-September
-Pay the NHS online? Or can I pay for that in person when I apply in person on September? IHS fee and visa fee is payable online if you apply fro a same day appointment.

I never did submit an IELTS/Pearson English exam certificate when I applied for a Spouse Visa for an ILR, so it means I do not need to retake it? You need to submit the English requirement for your extension. What is your nationality?

Thanks,

[Casa]

The NHS surcharge paid online before a PSC appointment. You'll then be given a reference which will have to be submitted with your visa application. Yes, A1 level English is mandatory from one of the HO approved tests/test providers unless you're an exempt national or have a degree taught in English (with a NARIC statement of comparibility if awarded outside of the UK)
.
https://www.gov.uk/government/uploads/s ... l_2016.pdf

Edit: Beaten by Miss Speedy Fingers, CR001

[bluephoenix71]

You need to submit the English requirement for your extension. What is your nationality?
-My Nationality is Filipino

So you mean that I need again to take the IELTS exam eventhough that I have already taken it when I applied for a Tier 2 Visa? Also I never did take again the IELTS exam when I changed Visa category from Tier 2 to Spouse Visa of an ILR holder at that time. Now I am renewing my spouse Visa and my wife is now a British Citizen.

Do I still need again to take another IELTS exam eventhough I have been working since 2011 in UK?

Thanks again for your replies.

[CR001]

If you do not submit proof of meeting the English language requirement, your application will likely be refused.

You must have been lucky previous as the requirement to prove English was in place when you applied before .

If you read the FLR(M) form and guidance notes, it is very clear what the requirements are.

List of approved test providers in the link below.

https://www.gov.uk/government/publicati ... uage-tests

[bluephoenix71]

I have found this link int the UKBA site:
https://www.gov.uk/english-language/app ... ifications

Does this mean I can use my previous IELTS exam that I used for acquiring my Tier 2 General Visa to apply for a Spouse Visa renewal?

If this exception does not apply to me, then what IELTS should I be taking?
General
or
Academic

I only plan to renew my spouse visa to work in the UK and possibly get an MBA degree online in the near future.

Thanks again for your relplies.

[bluephoenix71]

I have found this link int the UKBA site:
https://www.gov.uk/english-language/app ... ifications

Does this mean I can use my previous IELTS exam that I used for acquiring my Tier 2 General Visa to apply for a Spouse Visa renewal?

If this exception does not apply to me, then what IELTS should I be taking?
General
or
Academic

I only plan to renew my spouse visa to work in the UK and possibly get an MBA degree online in the near future.

Thanks again for your relplies.

Found out that I need to retake my test...

I only plan to renew my spouse visa to work in the UK and possibly get an MBA degree online in the near future.

Do I need to take the IELTS General or Academic based on my plans?

[Casa]

Yes you do.

[vinny]

I came to UK last July 2011 under a spouse visa of a domestic worker (private household)

What is stopping you from applying for SET(O) under 196D, 196E? Perhaps 196D(iii) - KoLL?