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Now on 10yr route family life to ILR, but failed LIUK tests

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Aidasnake
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Now on 10yr route family life to ILR, but failed LIUK tests

Post by Aidasnake » Wed Jan 25, 2017 2:49 pm

Hi, hopefully someone can help out as been stressing me out for months.
The next stage visa for my wife was the ILR had she passed both of her English tests, but unfortunately with the local tests being 1m apart availabilty and her failing 4 so far, it's just not possible to pass both by March.

As she has hit the 10yrs (currently on the 10yr route to family life) already, i can't find a relevant visa to go for next due to the above. The GOV helpline seems to of vanished of website as well.

Has anyone been in same predicament and what was the outcome?

She's a Non EU citizen, mother of 2 UK children and wife to myself (UK Citizen since birth)

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CR001
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Re: Now on 10yr route family life to ILR, but failed LIUK te

Post by CR001 » Wed Jan 25, 2017 3:07 pm

She can continue her existing visa by extending it. There is no 'cap' applicable.

I am assuming you mean she is on the FLR(FP) partner route? Please provide her UK immigration history if you expect any helpful advice.
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Aidasnake
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Re: Now on 10yr route family life to ILR, but failed LIUK te

Post by Aidasnake » Thu Jan 26, 2017 5:53 pm

CR001 wrote:She can continue her existing visa by extending it. There is no 'cap' applicable.

I am assuming you mean she is on the FLR(FP) partner route? Please provide her UK immigration history if you expect any helpful advice.
Many thanks for your reply. She came on a visitors visa 2006, then marriage visa, limited leave to remain x2 (would of done the 5yr route, but had 2x children by then and revising for the single test wasn't easy)for 6yrs and the current is Leave to remain on the FLR. Family life as parent or partner 10yr route

Never overstayed/no criminal convictions etc.

Do i apply for the same again with letter stating why?
Last edited by Aidasnake on Thu Jan 26, 2017 6:01 pm, edited 1 time in total.

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CR001
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Re: Now on 10yr route family life to ILR, but failed LIUK te

Post by CR001 » Thu Jan 26, 2017 5:58 pm

She can apply to extend on the same basis again. No need to explain why, there is no limit cut off for extensions.
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Aidasnake
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Re: Now on 10yr route family life to ILR, but failed LIUK te

Post by Aidasnake » Thu Jan 26, 2017 6:05 pm

CR001 wrote:She can apply to extend on the same basis again. No need to explain why, there is no limit cut off for extensions.
Wish i had found this board 6m ago. My few strands left on the top of head have vacated since(only 36) :lol:

Many Thanks for your help CR001

Aidasnake
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Discretionary to ilr

Post by Aidasnake » Thu Oct 08, 2020 12:46 pm

Hi all,
The wife has had discretionary leave to remain since 2011 (3 extensions ) due to uk kids, me and she hadnt passed her tests.
For me I think the form for ILR should be as partner of uk citizen
But now theres also a form for the discretionary route.
Shes passed both the uk tests and obviously dont want to apply in wrong category.
TIA

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Re: Discretionary to ilr

Post by vinny » Thu Oct 08, 2020 12:58 pm

If she’s under discretionary leave, then apply for ILR under discretionary leave.
Use the KoLL for naturalisation.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: Now on 10yr route family life to ILR, but failed LIUK tests

Post by vinny » Thu Oct 08, 2020 1:10 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: Now on 10yr route family life to ILR, but failed LIUK tests

Post by vinny » Thu Oct 08, 2020 1:14 pm

To make the right ILR application, must be certain what category of leave that she is currently under and that she qualifies for ILR under that category!
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Aidasnake
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Re: Now on 10yr route family life to ILR, but failed LIUK tests

Post by Aidasnake » Sat Oct 10, 2020 4:09 pm

Thanks for reply.
Has been discretionary all the way since 2011.
Did look at the form for above and none of her reasons were listed (family) so I guess I tick none of the above?
Seems she also didnt need to pass the 2 tests either?
Doh

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