URGENT HELP - SPOUSE VISA QUESTION

jhelen2013 · Post by **jhelen2013** » Thu Feb 07, 2013 6:31 pm

I was granted a spouse visa (AUG.2008 - NOV.2010) and then granted biometrics card for a second 'spouse leave to remain visa' (DEC 2010 - DEC 2012).

I thought I could apply for naturalisation after this so did so prior to my spouse visa expiring. However, the UKBA have rejected my application saying I do not have 'INDEFINITE LEAVE TO REMAIN IN THE UK' . I received the letter today. My visa has now expired.

1. Can I apply in the UK for an extension of the spouse visa under the FLR(M) or can I apply for settlement under (SET(M)).

2. Have I overstayed and if so, will I be penalised for the overstaying?

3. How do I get indefinite leave to remain as I thought the visa I held was indefinite leave to remain but perhaps I am mistaken.

4. Can anyone give me advise on next steps.

Thank you

Post by **Lucapooka** » Thu Feb 07, 2013 8:10 pm

Why did you not apply for ILR in 2010? Was that to do with the KOL test? Have you subsequently passed this test?

jhelen2013 · Post by **jhelen2013** » Fri Feb 08, 2013 12:24 am

Lucapooka wrote:Why did you not apply for ILR in 2010? Was that to do with the KOL test? Have you subsequently passed this test?

I did not know I could. I have now passed the english test.

Post by **Lucapooka** » Fri Feb 08, 2013 7:08 am

Which test? Can you elaborate as there are many types of test and I want to confirm that you have taken the appropriate exam for your circumstances.

jhelen2013 · Post by **jhelen2013** » Fri Feb 08, 2013 8:31 am

Lucapooka wrote:Which test? Can you elaborate as there are many types of test and I want to confirm that you have taken the appropriate exam for your circumstances.

ESOL LEVEL 1

Post by **Lucapooka** » Fri Feb 08, 2013 8:38 am

Did that include a citizenship element? For ILR (Settlement) you need to pass the KOL test.

http://www.ukba.homeoffice.gov.uk/briti ... ation/kol/

jhelen2013 · Post by **jhelen2013** » Fri Feb 08, 2013 8:50 am

Lucapooka wrote:Did that include a citizenship element? For ILR (Settlement) you need to pass the KOL test.

http://www.ukba.homeoffice.gov.uk/briti ... ation/kol/

Yes it included the citizenship element, which I passed.

Post by **Greenie** » Fri Feb 08, 2013 9:01 am

Do you mean entry level 1 or level 1? ESOL Level 1 would not be accepted as your English is considered sufficient for the life in the UK test. Only entry level 1, 2 and 3 are accepted. See below

http://www.ukba.homeoffice.gov.uk/briti ... tizenship/

jhelen2013 · Post by **jhelen2013** » Fri Feb 08, 2013 12:25 pm

Greenie wrote:Do you mean entry level 1 or level 1? ESOL Level 1 would not be accepted as your English is considered sufficient for the life in the UK test. Only entry level 1, 2 and 3 are accepted. See below

http://www.ukba.homeoffice.gov.uk/briti ... tizenship/

Yes, I mean Entry Level 1. So do I use SET(M)?

Will I be penalised as I my spouse visa has expired December 2012 or will they exercise their discretion and say its ok?

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URGENT HELP - SPOUSE VISA QUESTION

URGENT HELP - SPOUSE VISA QUESTION