*URGENT* Possibility of extending visa in order to pass LitUK test for ILR

[swick888]

Hey guys, I would be grateful for any information regarding my query.

I am writing to you with a small query. it is regarding one of my family members, she is a dependent of a tier 2 applicant (spouse). they both will be applying for ILR following 10 years of stay, (she completed 5 years as a tier 4 student ,then a 5 years as a tier 2 dependent) . One of the requirements for settlement is passing the life in the uk test. The main applicant already has passed the test and is able to apply for ILR before visa runs out in end of September. i am assuming the main applicant who she is dependent on will be applying for ILR. However if she is unable to achieve in passing the LITUK test before her LLR runs out , can she get an extension to her LLR visa even tho she already has 10 years of long term residence, this will give her more time to pass the test and apply for settlement, most probly, after her spouse has got ILR, if she is unable to apply with him for it. if she can get an extension , how long is she likely to get?

This question is worrying me a lot , as I do not want her to be sent back , especially after completing 10 years or residence , simply due to not being able to finish the LitUK test
beffore LLR runs out

Thank you for any help regarding this. And sorry for the wall of text.

[aman90]

LIUK is a very easy test. Her visa expires end of sept and currently its end of July.. Even if she fails a couple of times in the next month, she ll surely pass it by sept.
Any extension visa fee will cost a lot more money than taking the test a number of times.
As she's applying via long residence her spouse is irrelevant.

[aman90]

https://www.gov.uk/long-residence/eligibility

Go through this link. its for people who can't pass english or LIUK

[swick888]

LIUK is a very easy test. Her visa expires end of sept and currently its end of July.. Even if she fails a couple of times in the next month, she ll surely pass it by sept.
Any extension visa fee will cost a lot more money than taking the test a number of times.
As she's applying via long residence her spouse is irrelevant.

I am aware the test is not that hard , however I am simply asking as a precaution, a lot of the test dates get filled up quick hence she might not be able to retry the test multiple times (Hopefully she can). I have heard about FLR (LR), is this possible given the amount of time left? I do not know if there is a super priority service for such a thing, or maybe it she is not eligible for such a thing.
Top

[CULLINAN]

Also, given the main applicant goes for LR and if the dependent needs an extension, she will have to change her visa category and the ILR clock (5 year PBS case) will reset to zero.
However, it will not matter for LR basis as long as she has 10 years legal stay in UK but just note if an extension is required it will be a different category after main applicant goes for LR basis.

[swick888]

Also, given the main applicant goes for LR and if the dependent needs an extension, she will have to change her visa category and the ILR clock (5 year PBS case) will reset to zero.
However, it will not matter for LR basis as long as she has 10 years legal stay in UK but just note if an extension is required it will be a different category after main applicant goes for LR basis.

will she be able to apply for FLR (LR)?

[aman90]

LIUK is a very easy test. Her visa expires end of sept and currently its end of July.. Even if she fails a couple of times in the next month, she ll surely pass it by sept.
Any extension visa fee will cost a lot more money than taking the test a number of times.
As she's applying via long residence her spouse is irrelevant.

I am aware the test is not that hard , however I am simply asking as a precaution, a lot of the test dates get filled up quick hence she might not be able to retry the test multiple times (Hopefully she can). I have heard about FLR (LR), is this possible given the amount of time left? I do not know if there is a super priority service for such a thing, or maybe it she is not eligible for such a thing.
Top

Already posted link above for someone in her position. There is no need to worry so much.
She can apply a day before her current visa expires.
She can apply for LR and delay her biometrics and sit for the exam in the mean time. She can check dates for liuk test...someone or the other is always cancelling so dates do pop up.

[CULLINAN]

If I am correct, once the main applicant goes for LR and if she needs an extension she will have to change the category to spouse of a settled person FLR(M) and also meet the income requirements then. That will reset her clock to zero so she will not be able to apply ILR on 5 years basis. But if she has a successful extension after meeting the new visa category requirements she will be able to apply for ILR on LR basis as she will have legal stay. Please correct me if I am wrong Aman.

[swick888]

If I am correct, once the main applicant goes for LR and if she needs an extension she will have to change the category to spouse of a settled person FLR(M) and also meet the income requirements then. That will reset her clock to zero so she will not be able to apply ILR on 5 years basis. But if she has a successful extension after meeting the new visa category requirements she will be able to apply for ILR on LR basis as she will have legal stay. Please correct me if I am wrong Aman.

Whats the diffrence between FLR(LR) and FLR(M)? They seem to be doing the same job, but the application to extend if you are unable to do the Lituk test appears to be FLR(LR).

[aman90]

If I am correct, once the main applicant goes for LR and if she needs an extension she will have to change the category to spouse of a settled person FLR(M) and also meet the income requirements then. That will reset her clock to zero so she will not be able to apply ILR on 5 years basis. But if she has a successful extension after meeting the new visa category requirements she will be able to apply for ILR on LR basis as she will have legal stay. Please correct me if I am wrong Aman.

LR applicants apply independently. She's been lawfully living here for the past 10 years. She just needs to extend her stay on FLR(LR).

[aman90]

Whats the diffrence between FLR(LR) and FLR(M)? They seem to be doing the same job, but the application to extend if you are unable to do the Lituk test appears to be FLR(LR).

A simple google search would answer that.
FLR(M) is for spouses who entered under marriage route to a british citizen which is not the case with ur friend.

[CULLINAN]

If I am correct, once the main applicant goes for LR and if she needs an extension she will have to change the category to spouse of a settled person FLR(M) and also meet the income requirements then. That will reset her clock to zero so she will not be able to apply ILR on 5 years basis. But if she has a successful extension after meeting the new visa category requirements she will be able to apply for ILR on LR basis as she will have legal stay. Please correct me if I am wrong Aman.

LR applicants apply independently. She's been lawfully living here for the past 10 years. She just needs to extend her stay on FLR(LR).

[swick888]

Whats the diffrence between FLR(LR) and FLR(M)? They seem to be doing the same job, but the application to extend if you are unable to do the Lituk test appears to be FLR(LR).

A simple google search would answer that.
FLR(M) is for spouses who entered under marriage route to a british citizen which is not the case with ur friend.

My bad, sorry. I get confused by a lot of the wording and terms

[swick888]

One final question I have is whether the FLR(LR) application can be submitted via the Super priority service. I know certain visas or extensions are exempt from the service. I can only find sporadic info regarding the eligibility for FLR(LR) to be submitted via Priority service. Unless I am missing something , I would not be surprised if i did.

[aman90]

I would believe so as LR can be submitted under SP..it would seem likely for FLR too. The applicant can figure this out when submitting application as she will get options to choose from at the point of submission.
But why is applying on SP important...does she need to travel and take the test at leisure..
Keep in mind her 10 years started from the day she entered UK. She can apply for FLR LR at any point before her visa expires and its better for you and her to update ur selves on the guidance.
Just google long residence.

[aman90]

uk-tier-2-employer-sponsored-visas/ilr- ... 64211.html

[aman90]

Once the main applicant or sponsor applies for LR the spouse will have to switch to FLR(M) that shall be granted in line with main applicants success.
This will reset ILR clock.
This is in case of 5 years. FLR(M) mercy of sponsor’s success.
In case of 10 years. FLR(LR) independent of sponsor.

[CULLINAN]

Once the main applicant or sponsor applies for LR the spouse will have to switch to FLR(M) that shall be granted in line with main applicants success.
This will reset ILR clock.
This is in case of 5 years. FLR(M) mercy of sponsor’s success.
In case of 10 years. FLR(LR) independent of sponsor.

Thats what my understanding was before.

[aman90]

Once the main applicant or sponsor applies for LR the spouse will have to switch to FLR(M) that shall be granted in line with main applicants success.
This will reset ILR clock.
This is in case of 5 years. FLR(M) mercy of sponsor’s success.
In case of 10 years. FLR(LR) independent of sponsor.

Thats what my understanding was before.

Yeah.
OPs story changed over night.
First said 10 years.. now posted in new thread about 5 years.. different routes for different circumstances..

[swick888]

My bad , I assumed she was settling through the 10 year long term residence. but she is doing it through the 5 year route as a pbs dependent , as she has been here only for 8 years. I guess to qualify for ILR through 10 year residence she will have to get a FLR(M) for 2.5 years, if she has to leave the country without breaking the continuous living case. tho it will resrt ILR, she would have had 10 years by the time FLR(M) finished.

[CR001]

She cannot apply for flr m from abroad, it is an in country application. Why would she not apply for it while in the UK? There is no need to leave, she simply needs to apply before her current visa expires when you have ILR or at the same time you apply.

[swick888]

Ah ok , I guess I was thinking of a spouse visa

[aman90]

Ah ok , I guess I was thinking of a spouse visa

And Liuk is the least of her concerns given her situation at the moment..