2 year spouse visa

[itssemi]

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

My wife came to the UK on a 2 year spouse visa which is coming up for renewal. Does she need to pass B1 test and Life in the UK both or just life in the UK?

She got the Visa before July 2012 so new rules doesn’t apply but she delayed her arrival by 27 days so we are not applying for the ILR. She came after 3 months and 27 days.

I am sure it will take time to renewal her visa so once we send the passport for the renewal and if we don’t get within 1 month can we asked them to change her VISA to ILR?

Really appreciate if someone can help me

Cheers

[vinny]

ILR requires both English language and Life in the UK.

[Casa]

For FLR(M) she will need to pass the A1 English test. For ILR - B1 level English test + Life in the UK test.

[vinny]

She got the Visa before July 2012 so new rules doesn’t apply but she delayed her arrival by 27 days so we are not applying for the ILR. She came after 3 months and 27 days.

Did she delay her arrival by 27 days, or by 3 months and 27 days?

[itssemi]

Delayed by 3 months 27 days.

[vinny]

Actually, she may apply for ILR at most 28 days before the completion of her two years in the UK. So, doesn't she have a one day window?

[ilrdep14]

ok

[Casa]

ilrdep14 Please don't highjack another member's thread....it becomes far too confusing.

[itssemi]

Dear all,

Bit more information,

She applied for the spouse visa before july 2012 so new rules doesn't apply. Granted visa as below..

Valid from - 07/08/12

Valid Until - 07/11/14

She came to UK on 26 December 2012, didn't came under 3 months so as per my knowledge she can not apply for the ILR so we have to apply for the extend her visa. Does she need to give B1 test or Life in the UK?

Also while her PP is with UKBA for more than 1 month for extending VISA can we ask to change VISA category to ILR?

Many thanks

[itssemi]

She delayed by 4 months 26 days.

[vinny]

See also options.

[itssemi]

Hi Vinny,

Can you please advise which of the two options have higher success rate in my case. Her Visa expires on 07/11/14 so can you please also advise when should we send her the application and passport to UKBA?


Option 1. You may apply by registered post for an extension shortly before leave expires. It's possible to vary (not withdraw) this application to ILR when you are eligible, if it's still undecided.


Option 2. You may apply by registered post for an ILR shortly before leave expires. If you are eligible on the date of the decision, then you should be ok.

Thanks

[itssemi]

the visa expires on 7/11/14 but 2 years complete on 26/12/2014. pleas advise best option according to this.
many thanks

[itssemi]

Can anyone help me??????????????

[Amber]

Apply for an extension FLR(M) and vary (if a decision not made) from 28 days before 2 years in the UK.

[itssemi]

thanks for your reply amber,

My non E.U wife was granted a settlement visa in August 2012 (we applied under the old rules pre July 2012). She arrived in the UK in December 2012 because her mother was seriously ill. Her 2 years and 3 months spouse visa is expiring in 7/11/2014. She didn’t come to UK within 3months since her visa issued we are applying for extend her visa.

Her mother is not well again she has to go back and visit her. My question is how long will she be allowed to stay out of the U.K at one time is it 90 days at one time etc? As we are not applying for ILR can she stay 4 or 5 months?

Any information on time limit outside the U.K etc would be of great help to us at this difficult time

[vinny]

4.6.