Spouse Visa Extension

[noneeadory]

Good morning. Hoping for some advice please.

Getting ready to apply for my partner's SPOUSE VISA EXTENSION at the 2.5 year point under FLR (M) 5 year route but are so worried because his English is still very poor.

He came here on Spouse Visa on 20 February 2021 (granted on 3 February 2021) from the Philippines - all requirements were met including A1 level English although it took him many attempts to pass (finally he did on 10 February 2021).

His current BRP expires on 3 November 2023.

My background as his wife (married in the Philippines in 1999) (and we have one child together) is that myself and our child have been in the UK since 2010. I Naturalised as British in 2019 - our child born 8 August 2005 is currently on ILR settled status (EU Settlement Scheme) and we have Naturalisation application in for her since May 2023 (currently still processing). She turned 18 years old today.

My questions are:

1) What if he fails the A2 level English test required for extension and after so many attempts still fails and just can't pass at this time. Do we still submit a Spouse Visa Extension application online but where it says, 'have you passed the required English Language Test' simply answer "No". If we do that, what will happen?

2) Or, if this is the case that he still can't pass the A2 level test is there an alternative application that we can submit that doesn't need this level of English test?

From his first application to come here in 2021, all the other requirements were met including Financial / Accommodation etc. (and nothing has changed - they are still met) - it is just this A2 level English test that is an issue for him.

3) As this Extension application is being submitted in the UK, is he allowed to sit the A2 level test outside of the UK (that is in the Philippines)? I only ask this as in September he will be in the Philippines for 2 weeks and maybe he would feel less nervous sitting this test at the same place where he originally passed his A1 test before.

4) And final question, the validity of his BRP states 'valid until 3 November 2023'. Does that mean, if necessary, we could at the very very latest submit his application online on 3 November 2023 (once the fees are paid and the submit button is pressed)? Would that be the date and time that his application is considered as having been 'received'? Really wouldn't be looking at submitting his application right up to the last moment but just trying to think ahead and plan for if he has to take so many attempts at passing this A2 level English test right up to the last minute allowed.

Would really appreciate some advice and am grateful to you all.

Thank you,
Dory

[AmazonianX]

Good morning. Hoping for some advice please.

Getting ready to apply for my partner's SPOUSE VISA EXTENSION at the 2.5 year point under FLR (M) 5 year route but are so worried because his English is still very poor.

He came here on Spouse Visa on 20 February 2021 (granted on 3 February 2021) from the Philippines - all requirements were met including A1 level English although it took him many attempts to pass (finally he did on 10 February 2021).

His current BRP expires on 3 November 2023.

My background as his wife (married in the Philippines in 1999) (and we have one child together) is that myself and our child have been in the UK since 2010. I Naturalised as British in 2019 - our child born 8 August 2005 is currently on ILR settled status (EU Settlement Scheme) and we have Naturalisation application in for her since May 2023 (currently still processing). She turned 18 years old today.

My questions are:

1) What if he fails the A2 level English test required for extension and after so many attempts still fails and just can't pass at this time. Do we still submit a Spouse Visa Extension application online but where it says, 'have you passed the required English Language Test' simply answer "No". If we do that, what will happen? Will be placed on 10year route.

2) Or, if this is the case that he still can't pass the A2 level test is there an alternative application that we can submit that doesn't need this level of English test?

From his first application to come here in 2021, all the other requirements were met including Financial / Accommodation etc. (and nothing has changed - they are still met) - it is just this A2 level English test that is an issue for him. Instead or accommodation, now you provide evidence of cohabitation covering last 2 years preceeding the application.

3) As this Extension application is being submitted in the UK, is he allowed to sit the A2 level test outside of the UK (that is in the Philippines)? I only ask this as in September he will be in the Philippines for 2 weeks and maybe he would feel less nervous sitting this test at the same place where he originally passed his A1 test before. I am of the opinion it should not be much of an issue.

4) And final question, the validity of his BRP states 'valid until 3 November 2023'. Does that mean, if necessary, we could at the very very latest submit his application online on 3 November 2023 (once the fees are paid and the submit button is pressed)? Would that be the date and time that his application is considered as having been 'received'? Really wouldn't be looking at submitting his application right up to the last moment but just trying to think ahead and plan for if he has to take so many attempts at passing this A2 level English test right up to the last minute allowed.

Would really appreciate some advice and am grateful to you all.
Yes till that date indicated however as you said, don't leave it till last moment.
Thank you,
Dory

Have you tried the Trinity SELT? You can search for this online Nd watch videos of what the exam is like.

[noneeadory]

Thank you AmazonianX for your very quick reply and answers to my questions - they are very much appreciated and have put my mind more at ease.

If I could ask a couple more questions based on your answers:

1) You say that he will be placed on the 10 year route if he just can not pass the A2 Level English Test that is required for Spouse Visa Extension (and everything else in his application is correct).

Is that guaranteed and will they do that automatically - just wondering why they would not simply refuse his application because of it. Or is it a lucky dip scenario where some Caseworkers will do that approving the application but placing him on the 10 year route whilst other Caseworkers will reject and refuse the application?

2) You mention that now for the Spouse Visa Extension it is not 'proof of accommodation' but 'evidence of cohabitation covering last 2 years preceding the application'.

That is good to know, thank you. Previously, as we live with my sister and brother-in-law in their house and do not pay any of the bills, we provided a 'No Objection Letter' from them, their Annual Mortgage Statement, Estate Agent's Property Description Printout and their HM Land Registry Registry Title of Register.

But now for 'evidence of cohabitation covering the last 2 years preceding the application' what do you suggest, especially as we have NO BILLS IN OUR NAME for living in their property?

To link us together at their property where we are living, I have been through our paperwork and have the following showing the same property address:

1) Bank Statements in my name
2) Bank statements in husbands name
3) x2 credit card statements in my name
4) P60s in my name
5) P60s in husbands name
6) Payslips in husbands name
7) Generic employer letters in husbands name
Pension letters / statements in my name
9) Pension letters / statements in husbands name
10) Home Office BRP replacement letter in husbands name
11) DVLA provisional driving licence letter in husbands name
12) DWP National Insurance number letter in husbands name
13) NHS/GP registration letter in husbands name
14) DBS enhanced certificate in husbands name
15) NHS Business Services Authority UK Global Insurance Card letter in husbands name
16) Morrisons store card letter in husbands name

Are any of these suitable or allowed? Will all these be enough?

Once again thank you for your time reading and answering with your experience. I am so glad of this forum, everybody is so helpful.

Thank you,
Dory

[AmazonianX]

Thank you AmazonianX for your very quick reply and answers to my questions - they are very much appreciated and have put my mind more at ease.

If I could ask a couple more questions based on your answers:

1) You say that he will be placed on the 10 year route if he just can not pass the A2 Level English Test that is required for Spouse Visa Extension (and everything else in his application is correct).

Is that guaranteed and will they do that automatically - just wondering why they would not simply refuse his application because of it. Or is it a lucky dip scenario where some Caseworkers will do that approving the application but placing him on the 10 year route whilst other Caseworkers will reject and refuse the application? While I can not give you an absolute response on it let's say it as the most likely outcome.

2) You mention that now for the Spouse Visa Extension it is not 'proof of accommodation' but 'evidence of cohabitation covering last 2 years preceding the application'.

That is good to know, thank you. Previously, as we live with my sister and brother-in-law in their house and do not pay any of the bills, we provided a 'No Objection Letter' from them, their Annual Mortgage Statement, Estate Agent's Property Description Printout and their HM Land Registry Registry Title of Register.

But now for 'evidence of cohabitation covering the last 2 years preceding the application' what do you suggest, especially as we have NO BILLS IN OUR NAME for living in their property?

To link us together at their property where we are living, I have been through our paperwork and have the following showing the same property address:

1) Bank Statements in my name
2) Bank statements in husbands name
3) x2 credit card statements in my name
4) P60s in my name
5) P60s in husbands name
6) Payslips in husbands name
7) Generic employer letters in husbands name
Pension letters / statements in my name
9) Pension letters / statements in husbands name
10) Home Office BRP replacement letter in husbands name
11) DVLA provisional driving licence letter in husbands name
12) DWP National Insurance number letter in husbands name
13) NHS/GP registration letter in husbands name
14) DBS enhanced certificate in husbands name
15) NHS Business Services Authority UK Global Insurance Card letter in husbands name
16) Morrisons store card letter in husbands name

Are any of these suitable or allowed? Will all these be enough? Yes, the documents listed above covering last 2years, spaced at intervals of 3-4months, should suffice.
Once again thank you for your time reading and answering with your experience. I am so glad of this forum, everybody is so helpful.

Thank you,
Dory