Bad luck and poor decisions have probably blown my unmarried partner ILR chances.

[Joasun]

My BRP expires mid April this year and I'm on a "Spouse/Partner Leave to Remain". I was supposed to be studying for the Life in the UK test and ESOL SELT B1 in February and taking the tests in March but my father died of a heart attack mid February and I went straight to the Philippines as his oldest child to arrange the funeral etc whilst there I discovered my younger brother in his early 20s was addicted to drugs and managed to get him into a residential rehab program unfortunately after being there for just a few days he was taken to hospital and now requires an emergency heart stent operation. I was due to return this weekend but I'm feeling very guilty about leaving him and there is of course a high risk he doesn't survive the operation or dies soon afterwards. If I return to the UK I will be trapped as my BRP will expire and won't be able to return to the UK after visiting Philippines in the event I need to attend my brothers funeral.

The whole situation is a nightmare and I'm in no state to study ( I have heart issues myself and the stress level is is a big risk to me ). I'll probably fail the LITUKT due to lack of study and the stress I'm under
( and now wish I done it months ago ) so I want to know what my best option is for my visa?

Extend using www. gov .uk/ uk-family-visa/ partner-spouse which takes me to "Application to remain in the UK on the basis of family life or private life"

or

apply for ILR ( as I'm at the five years ) and attempt to explain my situation hoping they will be kind, if my ILR fails what does the information on the "If you do not qualify for settlement" Declaration mean ? It says the Home Office will vary your application for settlement so that it becomes an application for temporary permission to stay. Can someone please explain exactly what "temporary permission to stay" is and how long it lasts ? Will it leave me in a worse situation than extending using "Application to remain in the UK on the basis of family life or private life" ?

I have two British children who will have been living in the UK for seven years by the time my BRP expires. Does that make any difference to my choices ?

My IELTS Life Skills A2 is now over two years old and I have no idea where the certificate is so ~I will need to resit it or take the ESOL SELT B1. I would like to come back to the UK as late as possible on my current BRP so I can care for my brother but that may mean I don't have time to take either English test before my BRP expires. What will happen in the event I don't pass before I extend my "Application to remain in the UK on the basis of family life or private life". I explored the option of taking the test in the Philippines but the next available Manila date is Mid April so too late.

Thanks in advance for advice. Please be gentle with me.

[zimba]

You cannot apply for ILR outside the UK. You must be in the UK and as you know you must pass LIUK test and also sit for SLET and get at least B1 in English. My suggestion is to apply for a new family visa entry clearance as soon as possible in your home country. The links you have above are NOT for people who are applying from outside the UK.

As the family visa route does not have any absence limits for ILR, you simply get a new visa ready in hand which allows you to return whenever possible and ready. You must apply for this new entry clearance before the current visa expiry or within 14 days of expiry to maintain continuous residence for ILR.

[Joasun]

Thanks for your prompt response. My brother will be having the surgery in the next 48 hours. I was planning to return to UK in early April before my current BRP expires mid April. If I'm in the UK is " Extend using www. gov .uk/ uk-family-visa/ partner-spouse which takes me to "Application to remain in the UK on the basis of family life or private life" the correct choice for me ?

I applied originally as an unmarried partner and my BRP says "SPOUSE/PARTNER LEAVE TO REMAIN"

Help is really appreciated.

[zimba]

Yes. If you are in the UK, you can extend your leave here: https://visas-immigration.service.gov.u ... ily-routes

For the 5-year route to ILR, the form is SET(M): https://visas-immigration.service.gov.uk/product/set-m

[Joasun]

Thx again, my brother had his Angiogram today no blockages found so over £1500 spent for nothing. They now think he may need a pacemaker

Decided to to prepare both the extension via FLR M and an ILR application. The B1 test looks easy the only hard bit will be the LIFTUKT I will try and study for it if i pass great if not I'll submit the extension instead.

[Casa]

Thx again, my brother had his Angiogram today no blockages found so over £1500 spent for nothing. They now think he may need a pacemaker

Decided to to prepare both the extension via FLR M and an ILR application. The B1 test looks easy the only hard bit will be the LIFTUKT I will try and study for it if i pass great if not I'll submit the extension instead.

Are you now back in the UK?

[Joasun]

I will be in UK by the time I apply. Am I correct that in my case if I extend my family visa I do not have to prove my Knowledge of English again ? I've had five years as an unmarried partner already. My a2 selt certificate from 2021 is over two years old and lost.

https:// www. gov. uk/uk-family-visa/knowledge-of-english

Knowledge of English
You may need to prove your knowledge of the English language when you apply.

When you do not need to prove it
You do not need to prove your knowledge of English or take a test if one of the following is true:

"you’ve been in the UK on a family visa for 5 years and you’re extending it as a partner or parent"

[AmazonianX]

I will be in UK by the time I apply. Am I correct that in my case if I extend my family visa I do not have to prove my Knowledge of English again ? Correct I've had five years as an unmarried partner already. My a2 selt certificate from 2021 is over two years old and lost.

https:// www. gov. uk/uk-family-visa/knowledge-of-english

Knowledge of English
You may need to prove your knowledge of the English language when you apply.

When you do not need to prove it
You do not need to prove your knowledge of English or take a test if one of the following is true:

"you’ve been in the UK on a family visa for 5 years and you’re extending it as a partner or parent"

[Joasun]

Is varying a FLR M to a SET M ILR allowed ?

If it is can I submit my FLR M before my BRP expires then pass the life in the UK test and vary my application to a SET M ILR before the FLR M decision date ?

Will the FLR M fee and NHS charges be refunded ?

There's very little info on how to vary an application on the UKVI site.

Thanks for all the advice.

[AmazonianX]

Is varying a FLR M to a SET M ILR allowed ? Yes it is

If it is can I submit my FLR M before my BRP expires then pass the life in the UK test and vary my application to a SET M ILR before the FLR M decision date ? Correct

Will the FLR M fee and NHS charges be refunded ? Yes

There's very little info on how to vary an application on the UKVI site.

Thanks for all the advice.

[Joasun]

Thx again, very happy to hear that. I have a few more slightly dumb questions.

I am confused by one aspect of varying and that is the timing, once i Submit my FLR M should I chose a biometrics appointment as far in the future as allowed to buy myself as much time as possible ?

Is it best to submit the Set M ( vary ) before attending the biometrics appointment from the original FLR M ?

If I submit the Set M before the biometrics appointment do I cancel the existing biometrics appointment and book a new one as part of the Set M application ? assuming yes but want to be sure

Are there any problems if the Set M is submitted after the biometrics appointment from the original FLR M ?

Is there any real risk I'll get a quick decision on the original FLR M ( assuming I use standard service ) and won't be able to vary in time ? Recent timeline posts look as though 2 months for a decision on non priority is as quick as it gets.

Some immigration legal sites claim that when you vary you pay the difference between the two application fees whilst some claim you will pay both in full and wait for the first to be refunded, which is correct / current ?

Do I have to request for the first application's ( FLR M ) fee and NHS charges to be refunded or will it happen automatically when I vary to the Set M ?

Do they deduct anything from the NHS charges to cover the months you spend waiting for a decision on the applications or will it be a full refund ?

Really appreciate all the help.

[zimba]

Variation is like a completely new application all from scratch. There is none of those things that you say. You vary by applying from scratch and attending the biometrics as normal, paying all the fees again fully. I suggest not attending the previous biometrics application as there is no point.

Any refunds will be given after the new application is granted. IHS fees or the application fees of FLR application will be given automatically later on.

Immigration and nationality refunds policy