D-LTRP1.2 to FLR(M)

Good Day All,
I probably have the answer to the question but thought It will still be nice to ask here and get more inputs. A quick background, a friend who was previously on a PBS dependent visa became an overstayer after visa refusals and subsequently exhausting all appeals. Later got married to a BC and both had a child. The last visa application granted was under D-LTRP1.2 ( which is on a ten year route). I guess they were not issued under D-LTRP1.1 because of the overstay period and not having a valid visa at the time the application was made.
They have been married for 3+ years and the 30 months validity on the visa will expire in the next few months.
Given that they can meet the requirements for FLR(M) i.e proof of relationship, financial requirements, Knowledge of English Language etc. Will it be right for them to extend the visa under FLR(M) instead of FLR(FP)?
I understand FLR(M) will reset the time, but it is a quicker route to ILR than 7.5 years of FLR(FP).

Is there anything else to consider?

Will it be right for them to extend the visa under FLR(M) instead of FLR(FP)?

Yes.

CR001 wrote: ↑

Mon May 17, 2021 5:21 pm

Will it be right for them to extend the visa under FLR(M) instead of FLR(FP)?

Yes.

Thank you

Djsuccess wrote: ↑

Mon May 17, 2021 5:39 pm

CR001 wrote: ↑

Mon May 17, 2021 5:21 pm

Will it be right for them to extend the visa under FLR(M) instead of FLR(FP)?

Yes.

Thank you

A quick update on this. The couple have applied to switch to 5-year route. The extention was granted under 10years route again instead of 5 years. The reason for this was invalid English language cert. They used the B1 certificate previously used 3 years ago. Does the two years validity count here or have they been wrongly out on the 10 year route again. I cant seem to find anything saying the English requirement much be a new English test.

Djsuccess wrote: ↑

Tue Aug 10, 2021 9:52 am

Djsuccess wrote: ↑

Mon May 17, 2021 5:39 pm

CR001 wrote: ↑

Mon May 17, 2021 5:21 pm

Will it be right for them to extend the visa under FLR(M) instead of FLR(FP)?

Yes.

Thank you

A quick update on this. The couple have applied to switch to 5-year route. The extention was granted under 10years route again instead of 5 years. The reason for this was invalid English language cert. They used the B1 certificate previously used 3 years ago. Does the two years validity count here or have they been wrongly out on the 10 year route again. I cant seem to find anything saying the English requirement much be a new English test.

An expired English test can only be used if it was used in a previous application AND it is still on the current UKVI approved list.

As the previous leave was on the 10 year route, there was NO English requirement at all. Even if they submitted the test back then, it would have been ignored.

Djsuccess wrote: ↑

Tue Aug 10, 2021 9:52 am

Djsuccess wrote: ↑

Mon May 17, 2021 5:39 pm

CR001 wrote: ↑

Mon May 17, 2021 5:21 pm

Will it be right for them to extend the visa under FLR(M) instead of FLR(FP)?

Yes.

Thank you

A quick update on this. The couple have applied to switch to 5-year route. The extention was granted under 10years route again instead of 5 years. The reason for this was invalid English language cert. They used the B1 certificate previously used 3 years ago. Does the two years validity count here or have they been wrongly out on the 10 year route again. I cant seem to find anything saying the English requirement much be a new English test.

It would have done them well to get a fresh English language test done and present the certificate.

CR001 wrote: ↑

Tue Aug 10, 2021 9:56 am

Djsuccess wrote: ↑

Tue Aug 10, 2021 9:52 am

Djsuccess wrote: ↑

Mon May 17, 2021 5:39 pm

CR001 wrote: ↑

Mon May 17, 2021 5:21 pm

Will it be right for them to extend the visa under FLR(M) instead of FLR(FP)?

Yes.

Thank you

A quick update on this. The couple have applied to switch to 5-year route. The extention was granted under 10years route again instead of 5 years. The reason for this was invalid English language cert. They used the B1 certificate previously used 3 years ago. Does the two years validity count here or have they been wrongly out on the 10 year route again. I cant seem to find anything saying the English requirement much be a new English test.

An expired English test can only be used if it was used in a previous application AND it is still on the current UKVI approved list.

As the previous leave was on the 10 year route, there was NO English requirement at all. Even if they submitted the test back then, it would have been ignored.

Thank you @CR001. Do you think there is any chance of an admin review? I guess the issue is that they assumed that they used the result in the last application. And they didn't know that they needed a fresh English Language test.
If they choose to submit another application will they get a refund for the IHS? I know they will have to pay for application fee but will they have to pay another IHS?

can anyone help with this please? I am wondering if anyone has experienced a similar situation.
the two things I want to know are 1. can they ask for an administrative review? 2. if they have they have to make a fresh application with a new proof of English language will they get a refund for IHS, considering they wouldn't have used the visa at all and it's an in-country application.

Djsuccess wrote: ↑

Wed Aug 11, 2021 5:12 pm

can anyone help with this please? I am wondering if anyone has experienced a similar situation.
the two things I want to know are 1. can they ask for an administrative review? 2. if they have they have to make a fresh application with a new proof of English language will they get a refund for IHS, considering they wouldn't have used the visa at all and it's an in-country application.

There's no AR for this type of application as far as I am aware so no luck there. Regarding getting refund for IHS, you will have to try contact the IHS team but don't hold your breath as the application was already successful. The decision to put them on 10 years route was also very harsh because I have seen situation on many occasions where some caseworkers used their discretion to request for new English test within certain days from applicants giving them opportunity to provide it.

TODMATT wrote: ↑

Fri Aug 13, 2021 4:40 am

Djsuccess wrote: ↑

Wed Aug 11, 2021 5:12 pm

can anyone help with this please? I am wondering if anyone has experienced a similar situation.
the two things I want to know are 1. can they ask for an administrative review? 2. if they have they have to make a fresh application with a new proof of English language will they get a refund for IHS, considering they wouldn't have used the visa at all and it's an in-country application.

There's no AR for this type of application as far as I am aware so no luck there. Regarding getting refund for IHS, you will have to try contact the IHS team but don't hold your breath as the application was already successful. The decision to put them on 10 years route was also very harsh because I have seen situation on many occasions where some caseworkers used their discretion to request for new English test within certain days from applicants giving them opportunity to provide it.

Thanks. I thought it was harsh as well because I have seen a few cases here where the caseworker used discretion and asked for proof of English language within 2 weeks or so.