Help with wife's DLR application please

[philwafc]

Hi

My wife made an application for DLR in December 2011.
The reason for this was her spouse visa expired January 2012 and her intent was to apply for ILR but she failed her KOL test (3 times) so couldn't make the application. She was then going to apply for FLR but we did not know about the rule that you needed the English Language test for this and hence it was too late to get her to do the test, so as her spouse visa was about to expire we applied for the DLR on the basis that she is married to a British citizen, has a British born child and has been living and working here since 2009.

Today she received a letter from the UKBA asking for more documents.

Evidence that we are residing together since the application was submitted (Dec 2011) not a problem we can supply these

Evidence that she meets the financial requirements and English Language requirements. These are listed from E-LTRP 3.1 to E-LTRP 4.2

I have checked these out on the UKBA website and of course from 9 July 2012 the new rules came in to being that regarding finances we need to be earning £18,600 per year plus £3,800 because of our child, so in total £22,400. Now I was to assume as she applied in Dec 2011 she fell under the old rules? If this is NOT the case than with our joint salaries we do not meet these requirements (my wife only works part time, and I have my own small business) we don't claim any benefits apart from the working tax credits, so it is quite obvious we can support ourselves and our child because this is quite literally what we are doing.

So if we don't meet these requirements will she be deported? Which of course will mean all 3 of us leaving. Someone who has been living and working here since 2009 and paying her taxes, someone who has their own business (for over 10 years) and a child who was born here??

She will also have to get herself on an English test pretty quickly they need all documents by January 28. Otherwise they will decide her application on the documents they already have.

In my opinion it looks as if we will be packing our bags and the Tories will have another small petty victory under their belts, but hopefully i'm wrong. Is there anything we can do? cheers

[Lucapooka]

An application for consideration for a grant of DL would, in any case, have been made outside the rules, so financial considerations would not come into play. You need to stop whining (this forum is not the pub!) as that is waste of time, and take proper legal advice.

[philwafc]

Thanks for the reply Lucapooka, I appreciate everyone who helps with my concerns.

Can you please point me to the part of my post where I was whining though?

[Greenie]

An application for consideration for a grant of DL would, in any case, have been made outside the rules, so financial considerations would not come into play. You need to stop whining (this forum is not the pub!) as that is waste of time, and take proper legal advice.

The problem is, there will be no new grants of DL after 9th July 2012 even if the application was made before this date as grants of DL were always outside the rules and this policy has now been withdrawn. As such the application will be considered firstly according to the new rules including the new finiancial requirements, in order to consider granting your wife further leave under the new 5 year route, if the financial requirement is not met they will then consider whether an 'exception' applies (which it usually would if you have a British child) in order to consider whether to grant her leave under the new 10 year family life route. Both scenarios seem pretty crazy to me when 'all' your wife needs to do is pass the LITUK test (perhaps easier said than done if she has failed it 3 times) in order to get ILR - if she ends up on the other two routes then she is going to have to wait a significantly longer time for ILR.

How far off is she passing the LITUK test? - I would think trying that again is worth a try. The other option is if she passes the English test for FLR before they make a decision they should grant her further leave under the old route, meaning she can apply for ILR after she has passed the life in the UK test.

[Lucapooka]

Yes, it's a mess and without a solicitor I think you are going to struggle to get your head around all of this.

[philwafc]

Thanks Greenie.

She was close to passing the KOL every time just 1 or 2 questions out so it does seem crazy.

So even with this application pending she could do another KOL test and apply for ILR or an English test and apply for FLR?

Would these be brand new applications or just send the certificates off along with the documents asked in the letter she received today?

In saying that though, she needs photo ID to take the KOL test which she doesn't have as the UKBA have her passport.

cheers

[philwafc]

It's not that much of a mess Lucapooka (probably was a bit over worried with my first post maybe)

As long as we can stay and continue to build our life here we will be more than happy, not bothered how long it would take for her to get ILR. As long as we are doing the right thing and abiding by the rules we are satisfied.

I'm far from being an immigration expert Lucapooka but i'm sure once I have processed any helpful advice I get I WILL get my head around it...

Anyway I can tell you're concerned but please don't be, we will be fine whatever happens...



while i'm here i'll have 2 pints of lager and a packet of.....
hang on, i'm not at the pub am I..


Hugs and big kisses.
Phil

[Greenie]

Thanks Greenie.

She was close to passing the KOL every time just 1 or 2 questions out so it does seem crazy.

So even with this application pending she could do another KOL test and apply for ILR or an English test and apply for FLR?

Would these be brand new applications or just send the certificates off along with the documents asked in the letter she received today?

In saying that though, she needs photo ID to take the KOL test which she doesn't have as the UKBA have her passport.


cheers

what form did she apply for DL on?

[philwafc]

It was FLR (O)