FLR(M) extension of existing spouse visa - no english pass

andyb123 · Post by **andyb123** » Mon Jan 30, 2012 10:53 am

Hi guys, I wonder if anyone can offer any advice or support.

My wife came to the UK on a fiance visa, we married and then got a 2 year spouse visa which is coming up for renewal. We were hoping to apply for ILR however she hasn't passed her life in the UK test (missed out by 1 point 2 weeks ago). It is now coming up very close to her visa expiry so we need to do SOMETHING and I looked at FLR(M) this morning. Just noticed it now says that she needs to pass an english test even to apply for an extension.

We now don't have enough time to pass and recieve a certificate for the other english test now required for FLR(M), there is no test center where we live the, the closes is 2 hours away, the next test they have is not for 2 weeks and they take 2 weeks to issue a certificate.

What on earth can we do? Other than book the LUK test every week between now and hope she passes.

This is my mistake as I didn't realise that the new english requirements applied to spouses already in the UK needing an extension.

We have a 15 month old son, they wouldn't really deport my wife or refuse her a visa would they? Am I going to have to lawyer up and go to appeal on compassionate grounds (right to a family life)?

Help!

Greenie · Post by **Greenie** » Mon Jan 30, 2012 11:31 am

if she was just a point away from passing then I would suggest that you do as you have suggest and keep booking the test for her to take until she passes, and make sure she revises using the recommended books. when does her leave actually expire?

vinny · Post by **vinny** » Mon Jan 30, 2012 12:21 pm

Agree.

Casa · Post by **Casa** » Mon Jan 30, 2012 1:34 pm

Your wife wouldn't be 'deported'. If she isn't able to pass the Life in the UK or the A1 english test, and applies for the FLR(M) at worst, assuming all the other paperwork is in order, she would be issued with 3 years Discretionary Leave.
I agree with Greenie and Vinny...give the KOL test another shot.

Greenie · Post by **Greenie** » Mon Jan 30, 2012 1:35 pm

Casa wrote:Your wife wouldn't be 'deported'. If she isn't able to pass the Life in the UK or the A1 english test, when you apply for the FLR(M) at worst, assuming all the other paperwork is in order, she would be issued with 3 years Discretionary Leave.
I agree with Greenie and Vinny...give the KOL test another shot.

her leave hasn't expired yet - if she has to apply for FLR(M) she would be given a further two years leave under the rules, not discretionary leave that said as per my previous post I think attempting the LITUK test again and applying in time for ILR on SET(M) would be better.

vinny · Post by **vinny** » Mon Jan 30, 2012 3:56 pm

FLR(M) would fail if she did not satisfy the A1 requirements.

Greenie · Post by **Greenie** » Mon Jan 30, 2012 4:33 pm

vinny wrote:FLR(M) would fail if she did not satisfy the A1 requirements.

yes agreed.

andyb123 · Post by **andyb123** » Wed Feb 01, 2012 3:42 pm

well, she failed her Life in the UK test again yesterday, missed the pass mark by 1 question yet again, I've now called 3 UK test centers and the "best" candidate issues certificates in 1-3 weeks, which means a trip in to central london on saturday and then crossed fingers they issue the certificate in time

her current visa expires on the 18th Feb

if the certificate doesn't arrive in time I will just have to write a covering letter explaining our situation and that we would appeal under right to family life, hopefully they'll not put either myself or the tax payer through an unneccessary court case, or they let me send the A1 certificate in later when it does arrive

either that or I can shut down my business and make 22 people redundant and go and live in Vietnam where we don't have these problems

andyb123 · Post by **andyb123** » Wed Feb 01, 2012 4:00 pm

scratch that, called them and they all now say 4-6 weeks to get the certificate, so it is completely impossible for us to have an A1 certificate AND apply before the end of her visa

we are completely screwed

should we go do the test anyway and just hope they let us send in the certificate later? not that anyone on here can tell me that either as I've just spoken to the home office and they've said it's entirely up to the discretion of the case worker, great

Greenie · Post by **Greenie** » Wed Feb 01, 2012 7:26 pm

andyb123 wrote:scratch that, called them and they all now say 4-6 weeks to get the certificate, so it is completely impossible for us to have an A1 certificate AND apply before the end of her visa

we are completely screwed

should we go do the test anyway and just hope they let us send in the certificate later? not that anyone on here can tell me that either as I've just spoken to the home office and they've said it's entirely up to the discretion of the case worker, great

are you talking about A1 or Life in the UK now, you seem to be talking about both interchangably. I would advice to apply in time and send the certificate after.

Casa · Post by **Casa** » Thu Feb 02, 2012 2:11 pm

Your wife may find the Life in the UK test easier by listening to the questions through head phones, while reading from the screen...if she hasn't already tried this.

andyb123 · Post by **andyb123** » Thu Feb 02, 2012 4:27 pm

Greenie wrote:
are you talking about A1 or Life in the UK now, you seem to be talking about both interchangably. I would advice to apply in time and send the certificate after.

the A1 now, she hasn't passed the LUK, so as a fall back we're taking the A1 test as well which she will definitely pass, however it takes 4-6 weeks to get the certificate, so although she will have passed, I will have neither a LUK certificate, or an A1 certificate when we make the application

so either way, I will have to make AN application, with paperwork missing and hope that the case worker actually reads the covering letter and contacts either myself or the college to get a copy of the certificate

my wife's standard of english before she came to the UK was very limited, however it was not a requirement then to have any pass certificate of any kind, she has been studying english for just over 2 years (in between having our son), but isn't really up to the standard required to pass the LUK, she's been lucky in only failing the test by 1 question to be honest and the stress of everything is only making it worse

I didn't realise that when they introduced the rule on NEW spouse visa's that it would also affect existing spouse visa's applying for an extension

reading the FLR(M) it does say that if you can't include an A1 certificate you can include a compassionate reason why you don't have one, so hopefully this will count

obviously worst case, we can appeal under right to a family life but that is extra hassle we could do without

andyb123 · Post by **andyb123** » Thu Feb 02, 2012 4:28 pm

Casa wrote:Your wife may find the Life in the UK test easier by listening to the questions through head phones, while reading from the screen...if she hasn't already tried this.

thank you, but I'm pretty sure she's doing this already

vinny · Post by **vinny** » Fri Feb 03, 2012 1:27 am

Suggestion (similar to Greenie's):

Take the A1 test ASAP.
Submit a valid FLR(M) application by registered/recorded post shortly before leave expiry.
Submit the A1 certificate (vary the existing application) before a decision.

In the meantime, re-take the KOL test. If she passes before a decision, then vary the existing application to SET(M).

Appeal if refused.

Greenie · Post by **Greenie** » Fri Feb 03, 2012 10:59 am

Andyb123- can you confirm when your wife's leave actually expires? there is another option but I don't want to confuse you with it if there is not sufficient time to make it work?

vinny · Post by **vinny** » Fri Feb 03, 2012 11:37 am

andyb123 wrote:her current visa expires on the 18th Feb

andyb123 · Post by **andyb123** » Mon Feb 06, 2012 2:32 pm

right, missus has passed the A1 (hardly surprising), and they say the certificate normally takes 7-10 days, so hopefully will have the certificate in time for FLR(M)

we'll keep trying for the KOL and when she passes we'll have another look at our options for getting ILR

I'm trying to get her to retake her KOL but having failed that a few times she'd rather knuckle down and only go again when she's sure she'll pass

failing that we can book a 4 day course that is the equivalent of KOL but it's also a fair bit more expensive

Greenie · Post by **Greenie** » Mon Feb 06, 2012 2:41 pm

great news that she has passed the A1 test. Taking an ESOL course with citizenship was going to be my other suggestion but I didn't want to confuse you with it if you didn't have sufficient time. Given that you will need to pay an additional application fee to apply for FLR(M) perhaps it is worth it for her to do the ESOL course with citizenship to satisfy the KOL requirements given that you have found one she can do in time, and thus apply for ILR?

Obie · Post by **Obie** » Tue Feb 07, 2012 2:54 pm

Congratulations she finally passed. It is so unfair this English test.

Once she passes the KOL, she can apply for ILR at any time.

andyb123 · Post by **andyb123** » Tue Feb 07, 2012 3:13 pm

Greenie wrote:great news that she has passed the A1 test. Taking an ESOL course with citizenship was going to be my other suggestion but I didn't want to confuse you with it if you didn't have sufficient time. Given that you will need to pay an additional application fee to apply for FLR(M) perhaps it is worth it for her to do the ESOL course with citizenship to satisfy the KOL requirements given that you have found one she can do in time, and thus apply for ILR?

Problem is that we can't do it in time, they take bookings about a month in advance, it's a 4 days course and they take a couple of weeks to post the certificate. It would also mean me taking a week off work so that I could look after the little-un and we'd have to book a week in a hotel to go to London to do the course - it would actually be more expensive to do the course.

We would like to crack on towards ILR / Citizenship and eventually getting her a british passport to make travel generally easier, so if she doesn't pass the KOL in the next few months we will do the course to get it out of the way. IF we'd known sooner about a 4 day course we could have done it, but by now it is just too late to arrange everything.

Greenie · Post by **Greenie** » Tue Feb 07, 2012 3:16 pm

OK - well re-taking the Life in the Uk test in the few days she has left might be a better option - if she is only narrowly failing and if you really coach her using the materials, she has a good chance of passing.

andyb123 · Post by **andyb123** » Mon Aug 06, 2012 11:33 am

ok guys, bit of an update - we got everything off ok for the extension as time was running out to get the ILR test pass

that was 6 months ago

I've tried the website and the enquiry line and they just keep telling you they won't respond before 6 months and there is no option on the website and on the phone they just hang up

I'm a few days away from being spot on the 6 months so I need to get through to them... any ideas on how to actually make a more than 6 months enquiry to find out how to get our passports back!?

rubina20102010 · Post by **rubina20102010** » Mon Aug 06, 2012 4:08 pm

vinny wrote:Suggestion (similar to Greenie's):

Take the A1 test ASAP.
Submit a valid FLR(M) application by registered/recorded post shortly before leave expiry.
Submit the A1 certificate (vary the existing application) before a decision.

In the meantime, re-take the KOL test. If she passes before a decision, then vary the existing application to SET(M).

Appeal if refused.

Hi Vinny,

I'm on the same boat - Could you please send us the Home office link that how we can vary the FLR(M) application to Set(m) ??

Does Homeoffice allow to do that? If it deos than how we can do that ? Please explain it - Thanks mate!

Thanks in advance,
Rubi

andyb123 · Post by **andyb123** » Sun Aug 12, 2012 8:00 pm

No one ever needed to call them after 6 months?
On the phone they just play a message to say they won't talk to you until 6 months, same on the website, any way you try to make contact you just get a message to say you need to wait till 6 months before you make contact

well it's been 6 months and I need to make contact

please if anyone knows how to get through can you post up?

cheers,

Andy

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FLR(M) extension of existing spouse visa - no english pass

FLR(M) extension of existing spouse visa - no english pass