English Language as a requirement which category to apply

[hassenpk]

Hi All,

Hope you guys well.
1. I have a confusion for english language my partner on (tier1 general) in past pass c1 certificate in english language from college of excellence is it still valid or she need to do it again? as planing to switch the category from tier 1 to my dependant or any other category not decided on my behalf hold British nationality.
2. I have taken advice from different solicitor one told me you can take flrm route however i check the requirement i have to earn 18900 threshold but in my circumstance i am hardly earning any thing getting all kind of benefits if flrm is not right for then on other category is there any minimum earning criteria as i'm suffering from serious medical condition
3. Is there any possibility to wave the N.H.S surcharges
4. she is living here for 8 years and we have 5 year old son(british) as well going to school.
5 what category is suitable in my condition.

[secret.simon]

my partner on (tier1 general)

Why can she not continue on Tier 1 General?

[Casa]

What benefits are you receiving? You may qualify under adequate maintenance instead of the £18,600 income level. Also, has your solicitor explained that joint earnings will qualify for FLR(M))?

[hassenpk]

I'm not sure she can continue on tier 1 general as she already get 2 plus 3 year visa extension and now ilr is due .

however my and her income jointly not qualify for FLR M.

right now i am getting
Housing benefit
child tax credit
working tax credit is there any other way around ?

As i was not well extremely ill just gone through major surgery and waiting for the follow up operation.

[secret.simon]

Can she not apply for ILR on the basis of T1G then?

To the best of my knowledge (I could be wrong), if she moves to FLR(M), her ILR clock will be reset and she would have to do another five years on FLR(M) before becoming eligible again for ILR.

[Casa]

I was hoping you may be receiving a disability benefit, but unfortunately the benefits you've listed don't exempt you from the £18,600 minimum income level. Why isn't she applying for ILR?

@secret.simon Correct that the clock with be re-set to a new 5 year route to ILR if switching to FLR(M).

[hassenpk]

Income dos not satisfy tier 1 general rule which is 36000 plus that is a reason if we apply for ILR home office decision would not be in favour.

what about FLR FP category ?

Or any other family route ?

[Casa]

If you can't meet the income level, as you have children together apply for FLR(FP). Your wife however will have to pay the NHS surcharge.