Help Which Visa Application

jsnetman · Post by **jsnetman** » Fri May 21, 2010 10:19 am

Hello all

I seriously need help with my wifes immigration status and possible application routes for ILR.

My wife joined me from Turkey in November 2008 on a spouses visa. She shortly became pregnant and we have a beautiful little daughter (I myself am British born). Because of the pregnancy and follwing care for a young baby she has not had the chance to do an entry level Esol course, I am worried that she might not pass the Life in the UK test although she is presently studying for it.

My question is: Because she has a daughter who is is British by birth is she exempt form the educational requirements for ILR ?. Do we use form SET(F) ? which is for people applying for ILR with a british dependant. Or do we have to use form SET(M) ? which requires Esol or Life in the UK test.

Thanks in advance for any help.

Post by **geriatrix** » Fri May 21, 2010 10:22 am

jsnetman wrote: Because she has a daughter who is is British by birth is she excempt form the educational requirements for ILR ?

No.

jsnetman wrote:do we have to use form SET(M) ? which requires Esol or Life in the UK test.

Yes.

regards

jsnetman · Post by **jsnetman** » Fri May 21, 2010 10:26 am

Thats the answer I was worried about, but thanks for the swift reply.

Wanderer · Post by **Wanderer** » Fri May 21, 2010 10:28 am

jsnetman wrote:Hello all

I seriously need help with my wifes immigration status and possible application routes for ILR.

My wife joined me from Turkey in November 2008 on a spouses visa. She shortly became pregnant and we have a beautiful little daughter (I myself am British born). Because of the pregnancy and follwing care for a young baby she has not had the chance to do an entry level Esol course, I am worried that she might not pass the Life in the UK test although she is presently studying for it.

My question is: Because she has a daughter who is is British by birth is she excempt form the educational requirements for ILR ?. Do we use form SET(F) ? which is for people applying for ILR with a british dependant. Or do we have to use form SET(M) ? which requires Esol or Life in the UK test.

Thanks in advance for any help.

No exemptions unless over 60 or mad!

If she hasn't passed the KOL test or achieved the required level of ESOL then you've no option but to apply for two more years on form FLR(M) with an explanation why.

It's a pity because applying now would be an easier route, soon the ILR/BC rules are changing - undoubtably harder and more expensive.

I think you can do that, and apply immediately for SET(M) as soon as your missus has passed the test, so you must act quickly, and dig deep into your pockets, this is not going to be cheap.

jsnetman · Post by **jsnetman** » Fri May 21, 2010 10:32 am

My wife is due for application around November time this year, it should be enough time for her to pass the test, and yes I know it's expensive, currently Â£840.

I think you can do that, and apply immediately for SET(M) as soon as your missus has passed the test

I thought we had to wait for the 2 years to be completed before applying. Are you saying as soon as she passes the test she can apply?

Regards[/quote]

Wanderer · Post by **Wanderer** » Fri May 21, 2010 10:42 am

jsnetman wrote:My wife is due for application around November time this year, it should be enough time for her to pass the test, and yes I know it's expensive, currently Â£840.

I think you can do that, and apply immediately for SET(M) as soon as your missus has passed the test
I thought we had to wait for the 2 years to be completed before applying. Are you saying as soon as she passes the test she can apply?

Regards

[/quote]

No, only if she was on the second lot of FLR if you took that option, for ILR it has to be minimum two years before you can apply.

Given ur circs as you've added, seems a no-brainer to me, plenty of time to pass the test, it's not hard really, there are books to help and sample tests to take.

jsnetman · Post by **jsnetman** » Fri May 21, 2010 10:48 am

seems a no-brainer to me, plenty of time to pass the test, it's not hard really, there are books to help and sample tests to take.

Yes you are right, found a really good website with loads of tests for her to practice and the books of course. Although I must say some of the questions are absurd, I have even managed to fail a couple of times, I mean I don't know things like how many seats are in the Welsh and Scottish assemblies and what percentage of the population are minoritiesand so on.

Post by **batleykhan** » Fri May 21, 2010 11:32 am

Check the PM I sent you.

jsnetman · Post by **jsnetman** » Fri May 21, 2010 5:56 pm

Just one more question if I may. My wifes visa was given on the 27th October 2008, but she did not travel to the UK until the 27th November because she was in early pregnancy.

Because of this do we have to apply for FLR or can we still go for the ILR ?

Thanks in advance

Post by **geriatrix** » Fri May 21, 2010 6:28 pm

jsnetman wrote:Just one more question if I may. My wifes visa was given on the 27th October 2008, but she did not travel to the UK until the 27th November because she was in early pregnancy.

Because of this do we have to apply for FLR or can we still go for the ILR ?

Thanks in advance

What's the expiry date of current visa?

regards

jsnetman · Post by **jsnetman** » Fri May 21, 2010 7:34 pm

Ah sorry just looked at her visa again and it is dated from 15/09/08 until 15/12/2010, she came on the 27th Nov 2008 so she is ok for Set(M) providing she gets the KOL.

Thanks

Post by **John** » Fri May 21, 2010 8:37 pm

That being the case the ILR can be applied for no earlier than 28 days before the 2nd anniversary of her arrival in the UK = 30.10.10, and no later than the date of expiry of the current 27-month spouse visa = 15.12.10 ..... assuming of course the Life in the UK Citizenship Test has been passed by then.

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