ILR no response yet - December 2023

[lynntaylor8888]

Currently on a spouse visa extension, expires Monday 25th! Making application today.

My spouse is unwell she gets severe migraines and these affect her concentration and use dizziness. Not got better despite treatment. Doctor written on her waiver that her condition could get better in 2 years. She is able to apply for ILR. However she can't take the B1 and Life in UK test despite our best efforts. She tried to take the B1 twice and has failed twice. She hasn't attempted LIUK. So the doctor is writing a letter and has filled in a medical waiver form.

We've heard from several online forums that a GP letter and waiver form is not enough. So what happens if it's rejected? They say no we will not waive it?
Will she get given a period of time to retake/take the required tests ? as they waiver is submitted with the application - not decided beforehand so we know where we stand.

We are applying for the ILR and if rejected they said it goes to a variation. The ILR costs £2404 and the spouse visa extension/further leave to remain £1,048 +£1560
So if they do a variation will we get back the difference of £2404-£1048 ? As it says then we will just ask you to pay the IHS but doesn't mention a refund in the declaration, that takes the entire cost to £3964!

Also...once we submit the application on Monday 25th as per this topic, I have put on the ILR application for both LIUK & B1 when you apply that have you passed the test the response as NO and ticked that a doctor letter/waiver has been submitted. Obviously once the application is submitted we have time to submit the documents via UKVI at the biometrics appointment. There are appointments going uptown a month.

She has just now started to feel a little better with the migraines on/off and now wants to have a go at the B1/LIUK just in case her waiver requests are rejected ... I am not very hopeful she will as she's already failed twice recently, but she still wants to have a go - is there any point to do this and if she were to pass after the application date but before the biometrics application can she submit the certificates with her application so that if the medical waiver is rejected then she can submit proof she has passed the B1 and LIUK albeit after application date. We haven't lied in the application as we've said she hasn't passed due to the medical waiver but we are worried incase it's rejected. Would it be considered/be a variation/void the old application ?

[AmazonianX]

If not done before, try Trinity College London SELT GESE at Level B1.

For LIUK, use search engine to get life in the UK test Web

[lynntaylor8888]

It was the Trinity college B1 she sat twice and failed...

[CR001]

If you apply for ILR and she has not passed the tests, she will be put on the 10 year FLR(FP) route.

As she doesn't qualify for ILR, you should instead apply to extend her spouse visa on FLR(M) to retain the time she has already spent in the UK.

Note that FLR(M) and FLR(FP) are different sets of immigration rules.

[lynntaylor8888]

If you apply for ILR and she has not passed the tests, she will be put on the 10 year FLR(FP) route.

As she doesn't qualify for ILR, you should instead apply to extend her spouse visa on FLR(M) to retain the time she has already spent in the UK.

Note that FLR(M) and FLR(FP) are different sets of immigration rules.

The reason I have not done this is she has got a medical exemption waiver filled out by her GP for severe migraines to make her exempt for LIUK and B1 test. So she can apply for ILR as she has applied for an exemption.

what I was asking about was...
If it gets rejected is it worth trying to pass them now that she is starting to feel a little better and if she were to pass to include them in the documents. I know the application cannot be edited but the biometrics appt is a month away.
Anyone any experience with this?

[lynntaylor8888]

I was thinking a cover letter in the application saying that she has since started to feel a little better and has now passed these tests with attached certificates,

We haven't lied in the application as she does have a medical waiver, I have put she has not passed as she a waiver but we don't know if it will be accepted. A lot of people say GP alone is not enough.

[lynntaylor8888]

But is the rule to pass them BEFORE the date of application...so is it worth bothering.
she still isn't 100% but I thought it might be worth a go

[CR001]

Yes, applicants are generally required to pass the tests before applying for ILR.

There is no guarantee that she will get a waiver. People with more serious medical conditions have been refused a waiver. Your choice if you want to risk it. She has had 5 years to pass the tests.

The fact that her visa expires tomorrow is your biggest issue. There is no guarantee that she will pass the tests either. B1 English is not difficult to pass and doesn't have to be studied for. LIUK she has to have at least read the material and done some practice tests.

[lynntaylor8888]

It's been 13 months and we've had no response about ILR application. Spouse route.

No travel since arriving to UK 8 years ago.
Only thing exceptional about case is due to migraines can't complete Life In UK or English language test.
GP letter did state can do in 2 years once treatment received on exemption form.

Is this normal? Submitted in Dec 2023.

If rejected - do you get fee back?
What if they decide to issue a 2.5 yrs visa extension instead ? Do you get the ILR fee back and difference between that an spouse visa extension which is less?

[zimba]

As discussed in 2023 above, you intended to claim exceptional circumstances but were advised that an extension was a better idea.
People under the family route who do not qualify for ILR will not be refused outright if the rules allow the caseworker to offer a different visa.

If the UKVI offers such an offer (often under the 10-year route), you will be told of the next steps. You will be required to pay the appropriate IHS fees for 2.5 years too. Again, if you had applied for an extension rather than ILR, you may have had a better outcome.

[lynntaylor8888]

but the spouse visa extension is less than the ILR ? Would they refund the ILR visa fee and then ask for the spouse visa extension?

The reason we went for it as we had a completed medical exemption form from the doctor so providing this is accepted then it should be OK?

[zimba]

If an extension is offered, the difference will be refunded. However, as I explained the IHS payment that you should pay will be larger than any refund given back. In the end, it could be more expensive than ILR. Again, you were advised that there are no guarantees that a doctor's note will get you a waiver

[lynntaylor8888]

If an extension is offered, the difference will be refunded. However, as I explained the IHS payment that you should pay will be larger than any refund given back. In the end, it could be more expensive than ILR. Again, you were advised that there are no guarantees that a doctor's note will get you a waiver

I thought a medical waiver doctors letter would suffice
do they have a low success rate?

[Safmo]

My advice is if her health is improving she can try to do the test and send to home office you may get a quick result.

[zimba]

It's been 13 months and we've had no response about ILR application. Spouse route.

No travel since arriving to UK 8 years ago.
Only thing exceptional about case is due to migraines can't complete Life In UK or English language test.
GP letter did state can do in 2 years once treatment received on exemption form.

Is this normal? Submitted in Dec 2023.

If rejected - do you get fee back?
What if they decide to issue a 2.5 yrs visa extension instead ? Do you get the ILR fee back and difference between that an spouse visa extension which is less?

The condition seems not to be long term, so exemption is very likely not possible