Switching to Spouse LTR

[Geminiuk01]

Hi all

Can you help advise with the below situation:

I am a Tier-1 PBS dependent. My partner become British in August after being granted ILR in January 2019. I couldn't apply for ILR at the time. I wanted to switch to a spouse visa so I applied using form FLR(M) and this was considered under the 10 year route.

I applied for an exemption in not providing an English language test on the grounds that I am heavily pregnant (7 months at the time of application) but they refused to grant me this exemption and the application was refused. I thought that was very harsh and totally misogynistic!! END

They have a right to appeal but I'm thinking they should just sit the English test and re-apply because the PBS visa has not expired and its a great distress and hassle appealing.

Is that the advice others would recommend?

Many thanks to all who reply.

[CR001]

On what basis did you partner get ilr, 5 years tier 1 or 10 years long residence?

Why did you believe being pregnant would exempt you from the 10 minute A1 English test??

[Geminiuk01]

He got it on the 10 year basis. The reason for applying for exemption was that this was granted to someone else.

[seagul]

but I'm thinking they should just sit the English test and re-apply because the PBS visa has not expired and its a great distress and hassle appealing.

Yes good idea