Small Issue - Advice Needed

[CMIA]

Hello people.

Approx 12 years ago I met my wife in Pakistan and decided to wed her in the UK.

Entered UK 24/02/2006 - Short marriage visa
We then applied for an extension
07/2006> 07/2008 Limited Leave To Remain.
and again
7/2008 > 07/2010 Limited Leave To Remain

Now this is where we made a mistake and sent the documents to the wrong address and managed to complete a wrong form. I can remember we sent the forms early but they were returned to us at least 3 months after my wifes visa had expired but gone away for renewal. They ended up writing a letter to us eventually and sending us the forms back. We had applied for Indefinite Leave to Remain and at this point when we sent our information pack back to them they sent her another visa and said because we had applied late they would only give Discretionary leave to Remain .
7/2010 > 07/2013 Discretionary leave to Remain

Around about 2011/2012 the Live in the uk test was born and she started to study, to this date she probably had 40 to 50 tests and seems to always be short of a few marks.

My question is, is it worth employing a immigration lawyer to see if UKBA would grant her indefinite Leave to Remain ?
Can we apply purely under the old rules and not submit LITUK ?

Or is is suck eggs and reapply for a Leave to Remain Extension and she can continue to spend our hard earned money on what I class as a money making scam from the government. I was born here and even I couldn't pass it.

If we were to apply for an extension what forms would we need and how many years extension would they grant?

If it helps, shes had a job, has ESOL,1,2 and 3!

[CMIA]

Edit The has ESOL Level 3 Speaking and Listening E3 dated Jan 2014.
- I assume this is still valid ?

- I am really confused with the forms
FLR(M) or FLR(PF)

[CR001]

7/2010 > 07/2013 Discretionary leave to Remain

I am assuming that she has extended her DLR since 2013? When does her current visa expire?

It's form FLR(O) that she needs if she has discretionary leave to remain and wants to apply for an extension.

If your wife has had continuous valid leave for 10 years, she can apply for ILR based on 10 years long residence.

LIUK is unfortunately required for ILR, there are very few circumstances that qualify for exemption. Has she tried listening to the questions at the test centre rather than reading them off screen?

English level B1 is also required and unfortunately ESOL is no longer accepted.

[CMIA]

7/2010 > 07/2013 Discretionary leave to Remain

I am assuming that she has extended her DLR since 2013? When does her current visa expire?

It's form FLR(O) that she needs if she has discretionary leave to remain and wants to apply for an extension.

If your wife has had continuous valid leave for 10 years, she can apply for ILR based on 10 years long residence.

LIUK is unfortunately required for ILR, there are very few circumstances that qualify for exemption. Has she tried listening to the questions at the test centre rather than reading them off screen?

English level B1 is also required and unfortunately ESOL is no longer accepted.

Hi,

She has Leave to Remain and whats granted that around 2 years ago. It expires in or around 1 months time.

She has tried to read and listen to the questions but always 1 or 2 marks off and gets upset as something always catches her out. I honestly don't know what I can do and at £50 a pop its pretty draining on the finances.

I read somewhere if she has the certificate before the rules changes it was still valid ? Is this not the case ?

I assume since we can not apply for ILR because she does not have LIUK and FLR(O) is not valid because she has Leave to Remain in these circumstances we need to complete FLR(M) ?

Many Thanks

edit..

Thanks post and a few others.
http://www.immigrationboards.com/immigr ... 58515.html

[CR001]

I read somewhere if she has the certificate before the rules changes it was still valid ? Is this not the case ?

Which certificate are you referring to?

What 'leave to remain' was she granted and on what application form did she apply for her last visa?

[CMIA]

Hi,

I am referring to an ESOL level 3 Speaking and Listening E3 Pass and Awarded Jan 2014 .. OFQUAL recognized.


I have a letter here it says "limited leave to remain for 24 months" and on the Bio Metric card it just states "Leave to Remain".

Thanks once again.

[vinny]

It's confusing. What and when was the last application form that she successfully used?

[CMIA]

Hi,

Its been a while back and I think we applied for ILR.

On the letter I have here it states. " You applied for indefinate leave to remain in the uk but your application has been refused.

Then it states

Where section 8 of the rules apply paragraph A277A of the rules if you do not meet ILR but contiune to meet the requirements of for limited leave to remain a further period may be granted by the secretary of state.


I will see if i have made any notes anywhere.

[CMIA]

http://www.trinitycollege.com/site/?id= ... paign=selt

This states if we are applying for an extension to her visa she only has to pass a A2
B1 is for ILR ?

[CMIA]

Hi guys I am in needed of some guidance on what category I need to select.
Category A or B.
I have always been in permanent employment and meet the 18600 requirement.
The story is..

I was with COMPANY A for around 2 years and 2 months, they decided to move and TUPE all the IT support teams to COMPANY B around 1st of April.

My contract and employment information has not changed and my length of service has continued through 2 years and 4 moths now.

I looked at https://www.gov.uk/government/uploads/s ... rement.pdf

"Example (a)
The applicant’s partner works in the UK. She started a new job 3 months prior to the date of application and her gross annual salary is £22,000. She meets part (1) of the calculation for
Category B because she is in salaried employment at the date of application and her gross annual salary at the date of application meets the financial requirement.
In addition, she must have received in the 12 months prior to the application the level of income required to meet part (2) of the calculation for Category B. Before starting her new job, she worked for another company for 7 months during the last 12 months. Including her current and previous job, the total amount she has earned from employment in the last 12 months is £20,000.
The financial requirement is met under Category B because the applicant’s partner is
currently in a job paying at least £18,600 a year and has earned more than £18,600 from employment in the last 12 months. "


I have all the previous wage slips, should I select category B and save myself the head ache of trying to explain to UKBA the TUPE process.

Ideas how I should approach this ?

--- edit for

THANKS

[CMIA]

I am really confused, my wife has been in the UK for 10 years and 2 months.
Is currently has got her English qualifications, ESOL Level 3 and CEFER B1.

On the permit card it states "leave to remain".

FLR(M) or FLR (LR)?

FLR(M)

Complete this form only if you are applying for leave to remain in one of the following
categories:
• Family life as the partner of a person present and settled in the UK (2 year route)
• Family life as the partner of a person present and settled in the UK (5 year route)
• Family life as the partner of a person with refugee leave or a person with
humanitarian protection (5 year route)

but my wife has been here for 10 years.

so

FLR (LR)

Use this form if you are already in the UK with temporary permission to stay and want to extend your stay on the basis that you have lived here legally for many years.



Just spent 2/3 hours completing the FLRM forms and then realized FLR(LR) existed.

[CR001]

ESOL is no longer accepted.

If your wife has been in the UK for 10 years and 2 months, why is she not applying for ILR based on long residence?

What is your immigration status.

Also, please keep ALL your questions in the same topic (this one). I have merged your two posts.

[CMIA]

I am a British Citizen - I was born in the UK.

She has the old ESOL and also the new Trinity College London CEFR Level B1 - Passed May 2016

I read on the documentation that for an ILR - 10 years she would need life in the UK.
Shes taken lots of tests been reading the book but is always a few marks off.


btw thanks for merging my thread

[CR001]

She should NOT submit the ESOL,it is not accepted.

On what basis was her last visa granted? Spouse of British citizen??

When was this last visa granted and when does it expire?

[CMIA]

Ok, We wont submit ESOL.

Visa was granted Spouse of British citizen,
It was granted on the 16/06/2014
visa expires 15/06/2016

edit for


Thanks

[CR001]

Very strange that she was issued a spouse visa for 2 years when it should be 2.5 years. What is her full immigration and visa status in the 10 years she has been in the UK?

[CMIA]

so some history..
Entered UK 24/02/2006 - Short marriage visa
We then applied for an extension
07/2006> 07/2008 Limited Leave To Remain.
and again
7/2008 > 07/2010 Limited Leave To Remain
and then

I sent and completed what I thought were then the "current ILR" forms but it seems from me printing them and completing them UKBA changed the address and forms. The forms were subsequently sent back to us over 3 months after her from her visa expiry. They were marked invalid and they told us to re-apply
They then gave us.. from
7/2010 > 07/2012 Discretionary leave to Remain

I then applied for an ILR thinking because we had missed out last time we could "fit" under the old rules. They said she had to pass Life in the UK.. and granted us Limited Leave to remain.

07/2012 > 07/2014. Limited Leave to remain.

So in-between 07/2012 > 07/2014 she studied for the life in the UK and had "lots" of tests. To my approximate around 40 to 50 and she was always off 1 maybe 2 marks.

07/2014 > 07/2016 Limited Leave to remain.
I / we reapplied thinking she would would pass the exam and could send in the certificate and so.. went for another ILR but she didnt pass.

Thats pretty much the story.

*dates maybe off a month or so!

[vinny]

Very strange that she was issued a spouse visa for 2 years when it should be 2.5 years. What is her full immigration and visa status in the 10 years she has been in the UK?

Topics merged.

It appears that she is under the old spouse rules.

I think that she may continue to apply for FLR(M) until she passes KoLL or is eligible.

[CMIA]

Hi,

I called UKBA and they confirmed she needs FLR M

Last question

From note 11 about providing documents..

It says " The dates of the correspondence should be spread evenly through the whole 2 years" They should be from atleast 3 sources."

So does that mean I can submit council tax, water, gas and electric as they are in joint names and I have them for the 2 years or should I also include bank statements ?

Thanks