Spouse settlement visa - extension

2347526 · Post by **2347526** » Tue Jul 12, 2016 4:30 pm

Hello everyone,

I hope all are fine and in good health.

My wife and daughter came to join me in July 2014 after being granted 2.5 years settlement visa (plus 3 months extra for travel arrangements). Their visa is due to expire in January next year and I would be grateful if you could advice me on the following matters:

1. My wife did A1 English test which was submitted with the first application. Will she need to do another English test for the visa extension? Daughter is exempt - 4 years old.

2. Will my wife need to do Life In The UK test?

3. My wife and daughter's passport will expire in April next year and their country is at war which means there is no likelihood of renewal of their passport any time soon. Will this have any effect on their visa extension and if we want to travel in the future how can we do it?

We have another child, baby boy, born here who is 6 months old. I have a non-UK passport with ILR and I cannot apply British citizenship at the moment.

4. How will his status be?

5. Does he need to be part of the visa extension application?

Thank you and very much appreciated for any assistance received.

Post by **Casa** » Tue Jul 12, 2016 4:43 pm

2347526 wrote:Hello everyone,

I hope all are fine and in good health.

My wife and daughter came to join me in July 2014 after being granted 2.5 years settlement visa (plus 3 months extra for travel arrangements). Their visa is due to expire in January next year and I would be grateful if you could advice me on the following matters:

1. My wife did A1 English test which was submitted with the first application. Will she need to do another English test for the visa extension? Daughter is exempt - 4 years old. Yes, from October A2 level English will be required.

2. Will my wife need to do Life In The UK test? Not until she applies for ILR

3. My wife and daughter's passport will expire in April next year and their country is at war which means there is no likelihood of renewal of their passport any time soon. Will this have any effect on their visa extension and if we want to travel in the future how can we do it? They should be able to apply for a visa extension with the expired passports, but travel with only a BRP may prove difficult. Are they not able to approach their country's embassy here in the UK? Wait for advice from others.

We have another child, baby boy, born here who is 6 months old. I have a non-UK passport with ILR and I cannot apply British citizenship at the moment.

4. How will his status be? Assuming you already had ILR when your son was born, you can apply directly for this British passport as he is automatically British 'otherwise than by descent'.

5. Does he need to be part of the visa extension application? No, for the reason given above.

Thank you and very much appreciated for any assistance received.

2347526 · Post by **2347526** » Tue Jul 12, 2016 4:52 pm

Thank you very much Casa.

I had ILR at the time of the birth of the baby.

So I can apply British passport directly for him without me having one?

Post by **CR001** » Tue Jul 12, 2016 6:31 pm

2347526 wrote:So I can apply British passport directly for him without me having one?

Yes, baby is automatically British.

2347526 · Post by **2347526** » Wed Jul 13, 2016 2:18 pm

Hello everyone,

I checked my wife's English test and it says it is A2 Level.

More details:

University of Cambridge
Cambridge ESOL Entry Level Certificate in ESOL International (Entry 2)
Key English Test
Council of Europe Level A2
Date of Examination: December 2012

In this test she did the 4 part testing: Listening, Speaking, Reading and Writing.

Will this be the same as the current A2 Level required and be sufficient OR will she need to do another test?

Many thanks.

Post by **Casa** » Wed Jul 13, 2016 2:24 pm

Check whether your wife's test is on the approved list:
https://www.gov.uk/government/uploads/s ... entres.pdf

2347526 · Post by **2347526** » Wed Jul 13, 2016 3:02 pm

Thank you Casa.

The list provided is confusing and showing ISE, IELTS and SELT English test.
Is there any other way to check the qualification?

Also, is the minimum income threshold for their visa extension application £22,400 (Partner plus one dependant)?

I am assuming the second child is excluded as he is British.

Many thanks.

Post by **Casa** » Wed Jul 13, 2016 3:30 pm

2347526 wrote:Thank you Casa.

The list provided is confusing and showing ISE, IELTS and SELT English test.
Is there any other way to check the qualification? ESOL is no longer an approved test.

Also, is the minimum income threshold for their visa extension application £22,400 (Partner plus one dependant)? Correct

I am assuming the second child is excluded as he is British. Correct

Many thanks.

2347526 · Post by **2347526** » Tue Jul 19, 2016 8:37 pm

Hello everyone,

I hope all are fine and in good health.

I need advice on two things:

I am applying the passport for my son and I am confused by Section 4 on the form. As we both parents were born abroad, more information is required of the grandparents:

Full name/s
Date of Birth/s
Town and Country of Birth
Date of Marriage

Is this for one set of grandparents (father's or mother's) or both?

My first child was born abroad and I had ILR at the time.

Can she apply for Naturalisation instead of Settlement visa extension?

Thank you and very much appreciated.

KatieWills · Post by **KatieWills** » Tue Jul 19, 2016 8:59 pm

2347526 wrote:Hello everyone,

I hope all are fine and in good health.

I need advice on two things:

I am applying the passport for my son and I am confused by Section 4 on the form. As we both parents were born abroad, more information is required of the grandparents:

Full name/s
Date of Birth/s
Town and Country of Birth
Date of Marriage

Is this for one set of grandparents (father's or mother's) or both?

Both. You can add this information on an extra sheet and include it with the application.

reda · Post by **reda** » Tue Jul 19, 2016 10:09 pm

1. My wife did A1 English test which was submitted with the first application. Will she need to do another English test for the visa extension? Daughter is exempt - 4 years old. Yes, from October A2 level English will be required.

she don't need to take another English test for her visa extension

Read this

2.5. Applicants who already have a test certificate or result

A partner or parent applying for leave to enter or leave to remain is not required to provide evidence of meeting the English language requirement if they have done so as part of a successful previous application as a partner or parent. Paragraph 32D of Appendix FM-SE provides for when this earlier test certificate or result can and cannot be used

This flexibility does not apply in circumstances where a test certificate or result awarded to the applicant has been withdrawn by a provider such that it can no longer be relied upon: in those circumstances the applicant must provide a fresh test certificate or result from an approved provider which shows that they meet the requirement, if they are not exempt from it.
Under paragraph 32C of Appendix FM-SE if an applicant in the partner or parent routes submits a test certificate or result which has ceased, by the date of application, to be
(a) from an approved test provider, or
(b) in respect of an approved test, or
(c) from an approved test centre,
we will not accept that certificate or result as valid, unless the decision-maker does so in accordance with paragraph 32D of Appendix FM-SE and subject to any transitional arrangements made in respect of the test provider or test in question.
Under paragraph 32D of Appendix FM-SE if an applicant under the partner or parent routes submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decision-maker may accept that certificate or result as valid if it is:

(a) from a provider which is no longer approved, or
(b) from a provider who remains approved but the test the applicant has taken with that
provider is no longer approved, or
(c) from a test centre which is no longer approved, or
(d) past its validity date (if a validity date is required under Appendix O), provided that when the subsequent application is made:
(i) the applicant has had continuous leave (disregarding any period of overstaying of no more than 28 days) as a partner or parent since the Home Office accepted the test certificate as valid; and
(ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of Appendix FM-SE.
If there is uncertainty as to whether a test certificate, result or other specified document was previously accepted by the Home Office as part of a successful previous partner or parent application, the decision-maker may request other specified evidence from the applicant to demonstrate that they meet the English language requirement.
An applicant who has not met the English language requirement in a successful previous partner or parent application will be required to provide specified evidence that they meet the requirement, or are exempt from it, in their current application.
An English language certificate which has been relied on by an applicant to qualify for leave on another basis, such as under the Points Based System (PBS), cannot be relied upon by them in applying as a partner or parent unless it meets the requirements of the partner and parent Rules, including as to specified evidence, at the date of that partner or parent application.

https://www.gov.uk/government/uploads/s ... _final.pdf

2347526 · Post by **2347526** » Tue Jul 19, 2016 11:59 pm

Thank you Katie and Reda.

It makes sense as she has already done an English test which she passed and was granted the first settlement visa. As this is an extension of the same visa type, she should not really be required to sit another test as the period elapsed is only 2.5 years.

Thank you, any more advice on this matter is appreciated.

And about my first child:

My first child was born abroad and I had ILR at the time of her birth.

Can I apply for Naturalisation for her instead of Settlement visa extension?

2347526 · Post by **2347526** » Sun Oct 16, 2016 7:23 pm

Hello everyone,

I am preparing to apply the visa extension and I would be grateful for your advice:

1. I want to print the form now to apply in December or January. Is the current version up to date or will there be an updated version later during the year?

2. Their visa is due to expire early around 10th January next year. I want to apply as late as possible. Will it be fine if I apply in the first week of January before their visa expires and what is more important: to post before expire or to receive before expire?

3. Bank statements: Will 3 months statements be sufficient for the visa extension application?

Thank you for your assistance.

Post by **Casa** » Sun Oct 16, 2016 7:29 pm

2347526 wrote:Hello everyone,

I am preparing to apply the visa extension and I would be grateful for your advice:

1. I want to print the form now to apply in December or January. Is the current version up to date or will there be an updated version later during the year?
Likely to be an updated form as soon as the A2 level English test is introduced. Why print so early
2. Their visa is due to expire early around 10th January next year. I want to apply as late as possible. Will it be fine if I apply in the first week of January before their visa expires and what is more important: to post before expire or to receive before expire? Fine. The qualifying date is the day of postage.

3. Bank statements: Will 3 months statements be sufficient for the visa extension application? No. The most recent 6 months bank statements + the 6 months corresponding bank statements are mandatory.

Thank you for your assistance.

Don't forget that the NHS surcharge of £500 per applicant must be paid in addition to the visa fee.

2347526 · Post by **2347526** » Sun Oct 16, 2016 7:49 pm

Thank you Casa,

The reason for preparing early is to make sure I can be ready to answer all the questions and I do not like to rush.

My wife will do the A2 test near the time. When is the updated version likely to be?

In regards to the bank statements, I remember when we made the initial application abroad, I only provided either 3 or 4 months statements as advised by a friend solicitor. The visa was issued with no further information required. I am self-employed, does that make any difference?

Thank you.

Post by **Casa** » Sun Oct 16, 2016 7:57 pm

2347526 wrote:Thank you Casa,

The reason for preparing early is to make sure I can be ready to answer all the questions and I do not like to rush.

My wife will do the A2 test near the time. When is the updated version likely to be? Probably soon, but no date confirmed.

In regards to the bank statements, I remember when we made the initial application abroad, I only provided either 3 or 4 months statements as advised by a friend solicitor. The visa was issued with no further information required.I am self-employed, does that make any difference? You were incredibly lucky. Most applications are refused with anything less than 6 months of evidence and when the sponsor is self-employed, it's 12 months. In fact this is the first time I've read of an settlement visa being approved with only 3 months of financial documents.

Thank you.

2347526 · Post by **2347526** » Sun Oct 16, 2016 8:05 pm

I will submit 6 months statements with the application.

Thank you again Casa.

Post by **Casa** » Sun Oct 16, 2016 8:09 pm

2347526 wrote:I will submit 6 months statements with the application.

Thank you again Casa.

As self-employed, 12 months would be preferable.

2347526 · Post by **2347526** » Thu May 04, 2017 11:25 pm

Hello Everyone.

Just updating on visa application.

My wife and daughter have been granted visa extension.

Thank you all for your assistance.

In regards to her English test, we submitted her initial English language test and it was accepted. She did not need to sit the new test. This was confirmed by HO advice line and guidelines.

In regards to my son's British passport, no grand parents details were required as his entitlement is through my ILR. Again, this was confirmed by HO advice line and guidelines.

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Spouse settlement visa - extension

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