Application timeline

[Claire1978]

Hi

I am a U.K. citizen by birth. My husband is non EU citizen and has had a spouse visa issued in 2014 which expires in September 2017. Since that visa was granted we had two children who are both UK citizens. We also bought nad live in a property in our joint names. Do we still apply for an extension to the spouse visa or does any of the change in circumstances enable him to apply for ILR from now? He has been led to believe by friends that he can apply for ILR now but I can't see any reference to that online.

Secondly, when he applied for the original spouse visa it was with IELTS test. Does he still have to do some other English test now?

Lastly I am currently on maternity leave so my income is reduced. It will increase again on my return to work in october. Will a letter from my employer to this effect be accepted under the financial requirements?

Thanks in advance

Claire

[CR001]

Do we still apply for an extension to the spouse visa or does any of the change in circumstances enable him to apply for ILR from now?

No, he does not qualify for ILR yet. He needs 5 years residence on a spouse visa to qualify for ILR.

He has been led to believe by friends that he can apply for ILR now but I can't see any reference to that online.

Suggest stop listening to 'friends' who don't necessarily know what the immigration rules updates are. The pre July 2012 rules were very different.

Secondly, when he applied for the original spouse visa it was with IELTS test. Does he still have to do some other English test now?

He needs English A2 from an approved HO test provider. You don't state what level of IELTS he did previously. The requirements changed from A1 to A2 in May 2017.

Lastly I am currently on maternity leave so my income is reduced. It will increase again on my return to work in october. Will a letter from my employer to this effect be accepted under the financial requirements?

If your husband works and meets the requirements, he can use his income to meet the financial requirement.

[Claire1978]

Hi

Thanks for the previous good advice. I've found my husbands IELTS certificate and I can't see any reference to A1 or A2. He took it in Doha in October 2014 at British Council and scored 5.0. Does that mean he needs to resist?

Thanks

[Claire1978]

Sorry, I've just realized it's IELTS General Training.

Thanks

[Claire1978]

Hi

Any further advice on the Language requirement please?

Many thanks

Claire

[Claire1978]

Hi All

We are applying for my husband's extension of stay using FLR(M). When applying for his original visa he sat IELTS General Training and scored average 5.0. This was in October 2014. It seems to me that this is higher than the current requirement for A2 but I'm not clear on this point. Can anyone advise if his current certificate is sufficient or he has to sit CEFR A2?

Many thanks

Claire

[Claire1978]

Hi

I have posted other topics related to the same application so hope I'm doing the right thing by addressing different queries with different posts. If not then I apologize.

I'm trying to work through husband's visa extension FLR(M). I have posted separate question about whether he needs a new English test. If he does need one (and I think from some further research that he probably does...) I can't seem to find an available test until 2nd September and his visa expires on 10th September. Is there enough time to do normal submission after his test on the 2nd or are we going to have to book and pay for the same day service to ensure he doesn't go over his stay?
Many thanks

Claire