English Language requirement for FLR (M)

[san3885]

Dear Experts,
I couldn't find this information in UKBA site. Could you please help me in this..

below is my scenario.

-I am on ILR and my wife is currently on Tier 2 General, both are in UK.
-Now my wife want to switch as my dependent i.e. using FLR(M).

I find no option in the application to claim exemption from English language test.
The reason I want to claim exemption is, she was previously granted leave in Tier 2 general after writing the English language test PTE-A (in 2013).

The university from which she got degree is not recognised by UK so I can't use this option as well.

now in this case, is there a way I could claim an exemption from English language test?
Please help...

[CR001]

You cannot claim exemption for FLR(M) unless over 65 or have a documented mental or physical health issue. She will have to meet the English A1 requirement and I am not sure if her previous test is on the transitional list Transitional list(Click) and if it is, she should be able to use it for FLR(M).

Did she have her own Tier 2 G visa or a dependent on your Tier 2 visa?

Switching will reset her clock for ILR and she will have to wait another 5 years (2 X 2.5 year visas) and pay the IHS surcharge.

[san3885]

Thanks for your quick reply. She was previously granted leave (independently) in below category.
Tier 2 General.
She had written then recognised English language test as well for that application.

[san3885]

I agree that switching would reset her 3 year clock which she had. But she would be resigning her work. Which means she can't stay in UK. So the switch

[CR001]

If the PTE-A test is on the list, which it appears it is, then she can use that until 5 November 2015. After this date, she will have to do a test again.

If she is happy to wait another 5 years for ILR after switching, then it might be easier for her as she will be free to work for any employer.

Do you meet the financial requirements?

[san3885]

Yes the PTE-A is on the list but the she had written that in JAN-2013, the certificate says it is valid only for 2 years. Can I still use that as my transitional evidence?

Does that mean she can never work any time in next 5 years with the dependent visa (i.e. FLR)?

Yes I do meet the financial requirement.

[CR001]

Should be fine to use the test.

She can work, what I said and meant is that she won't be tied to her sponsoring employer.

she will be free to work for any employer.

[san3885]

Thank you "CR001" i'm bit relieved
I was scared with the sentence starting with "If she is happy to wait another 5 years...." I believe she can work anytime even during that 5 years to any employer even before she gets ILR, isn't it?
sorry for stressing on this, I was scared so the clarification.

[CR001]

I believe she can work anytime even during that 5 years to any employer even before she gets ILR, isn't it?

Yes that is correct, she can work anytime and for any company.