FLR (M) extension questions

[jp005]

Hello,

This is my first time posting on this forum so apologies in advance if I am repeating material from other threads.

My Wife's 'First period of leave to remain' spouse visa is due to expire in February 2017, and as per rule states, I will be making the application for an FLR(M) extention approximately 28 days before via the one-day service.

My first question is regarding the new english requirement. Her first FLR(M) application made in August 2014 was based on an IELTS (which she sat at a UK Approved test centre) dated 12/07/14 in which she scored an Overall Band Score 6.0 (B1/B2 equivalence I'm assuming). This is now past its 2 years validity, however after speaking to HO contact centre this October I was informed that we can in fact

submit the old IELTS for future applications even if it has now expired, as it was used in a previous successful application

Having heard this I asked for an email written proof or some sort of reference in the rules but I was told to email them at an address provided by the contact staff member. The reply I got from them was 2 web links which did not even mention anything about such a rule. So after digging around and reading up various links on the immigration rules section, I came across the following rules:

Appendix-FM

E-LTRP.4.1. If the applicant has not met the requirement in a previous application for entry clearance or leave to remain as a partner or parent, the applicant must provide specified evidence that they-

https://www.gov.uk/guidance/immigration ... ly-members

Appendix FM-SE

32D. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decision-maker will accept that certificate or result as valid if it is:
(a) from a provider which is no longer approved, or
(b) from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or
(c) from a test centre which is no longer approved, or
(d) past its validity date (if a validity date is required under Appendix O), provided that it is at or above the requisite level of the Common European Framework of Reference for Languages and when the subsequent application is made:
(i) the applicant has had continuous leave (disregarding any current period of overstaying where paragraph 39E of these Rules applies, as well as any previous period of overstaying where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied) as a partner or parent since the Home Office accepted the test certificate as valid; and
(ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of this Appendix.

https://www.gov.uk/guidance/immigration ... d-evidence

I would be grateful if anyone could shed light regarding the above rules, and if possible let me know whether these rules will apply in our case and mean my wife's application can be made using the IELTS used in her previous application.

Many thanks

[jp005]

Just got my answer to my own question from another source. You can use a English Language test that has been used in a previous successful flr(m) visa application, even though its expired as stated in 32D in appendix fm-se. The rule still applies after most recent changes.