norrona

update on our situation...

just to recap we had the situation of no English language test included in the FLR application as my now wife entered the U.K on a fiancee visa in October and the English Language test law was brought out/enforced 29th November, got confused with the FLR form and the stipulation of it as I thought it meant people entering the U.K had to pass it to get in, not those already here. No excuses for my error but the following will prove that when it comes to these things you are just a number in the box tickers eyes...be warned!

So with the panic and no English test certificate in our application the priority was to get booked onto one A.S.A.P with the hope of forwarding it to UKBA with an apologetic letter asking for it to be included!

Not as easy as you would think bearing in mind my wifes thai passport was in the sent application and we only had a copy. No language test company registered or recommended by the UKBA website list would accept just a copy of passport, finally one of them said to me they would do it but with a letter from a registered lawyer, it was either that or nothing. I did call the UKBA helpline but they cannot advise and really couldn't tell me a solution to fix my problem, they did say if we requested the paper work back then the visa would have expired by the time we received it as this would take at least 10 working days possibly up to 20, time was against us to do that and that would leave us with no test and an expired visa/overstay which we were extremely worried about.

I felt at the time I had no other choice but to employ the services of a immigration law company who arranged the English Language test which was sat and passed and sent off with the letter asking for it to be included and saying sorry etc.

After that we received the letter saying application has been received by UKBA, after that got the letter saying go get the bio metrics done.....they never acknowleged the receipt of the certificate and even when I confirmed by phone and the recorded delivery number with the UKBA that it was in their system and asked for them to acknowlege in writing I never got anything.

Approx 1 month after all of this we received the dreaded letter of refusal which said we was entitled to appeal, of course we did and was set a date to go see the Assylum and Immigration Tribunal in London 21st June (yesterday)

Arrived there for our 10am appointment, luckily we was first in the que to be seen by the judge as I could tell some of the cases stated at first were tricky/involved and going to be very messy, we was out of there by 10.30am, no home office representative there helped this backed up by the fact that the judge had seen we were victims of the faceless system albeit by our own admission and had tried to right a wrong as soon as we realised our error.

He wasn't sympathetic with words but you could tell by lots of rolling of eyes that the civil service box tickers had wasted his time again and he over ruled the refusal in our favour, quite quickly and after going through the formal side of things we was wished all the best for our future lives.

So now we are awaiting a letter from the Tribunal stating them ruling in our favour and will proceed with the next step.

Yes it has cost, yes it has had us worried, but at least its all over and done with......

Time to start living without that looming over us.

Note that the Knowledge of Life and Language in the UK (KOL) requirement for ILR referred to by Maloyd1 above is different, and harder, than the A1 English speaking and listening requirement for partner settlement visas and FLR.

Norrona,

all applications for FLR after last November must include evidence that the new requirement has been met (or the applicant is exempt), even if the fiance visa was obtained before this rule was introduced. See Section 21 of the FLR(M) guidance notes and Section 5 of Form FLR(M) itself as well as the link provided earlier.

How did you complete Section 5 of the form?

I'm afraid that there is no excuse for not producing the required certificate, or evidence of exemption, which will be acceptable to the UKBA, and like Eff1n2ret I expect that any application which does not include it will be refused.

I completed the form like I have said in above post as a first timer, there are parts of that form which are not relevant to her application like the 2 years worth of bills as proof of living together which when I started reading that got me thinking do I have the right form?

It's just unfortunate we got confused as to the next actions required and all our visa advice stopped the moment she entered the country, it's o.k I am big enough to sort this out and will wait for the rejected application....

for all my mistakes it's not like this added extra hurdle is put on the national news or front page of the newspapers, well not the Sun anyway

thanks for the replies, I am confused here as I thought she missed that requirement for the english language test as the fiancee visa being that the visa was granted and she travelled before the end of November last year?

I mistook it that it was for applicants who wanted to come here from overseas who were applying after 29th November to pass?

Will let you know the outcome as and when....

Have supplied everything else and have to say that without reading these things on the internet how on earth should I have known or anyone know for that matter, not a moan there but real question as to be honest from reading and filling in that FLR form it relates to all different applicants, this is her first time for FLR after the 6 month fiancee visa to be clear.

the link with these english language tests, is that really the only places to go to? bizzare!!!

thanks for any help

Yes, you will have to provide evidence of your finances again.

Yes, she will need to meet the new English requirement; New English language requirement for partners

You must now show that you can speak and understand English if you are a non-European migrant and you want to enter or extend your stay in the UK as the partner of a British citizen or a person settled here

Details of how and where to do this can be found on the page linked to above.

Proof of living together over the next two years will be required at the end of the two years when she applies to remain indefinitely. This proof should cover the whole two years so you should start collecting it now.

Finally, patience is a virtue; we do all have lives away from the forum and cannot always respond immediately.

thanks 7by7, sorry about the no help bit but from using this forum last year responses were far more rapid, I wasn't having a moan or complaining just trying to make light of it.

with regards to the English language test my wife then fiancee entered U.K early October last year and this stipulation was brought out 29th November and I was led to believe that it was for applicants coming to U.K to pass from then on?

She is on a ESOL course that I have paid for that will give her a certificate at the end of it which finishes in June, I have provided the proof of this and already sent the application off so will have to see if they come back?

It is in the hands of them now, I did call the helpline and was told they can request further documents so will see what happens?

Many thanks for replying and being on point as always, cheers

no help

hi there, we just got married on a fiancee settlement visa, my partner came to U.K in October last year, I have the FLR form and am just about to send it all off with our photos and pay the £500 so she can get extension of 2 years.

My questions are, after showing my finances before that I am capable of supporting both of us do I need to do this again?

also they mention about a language certificate, my now wife just missed that requirement they brought in, should I provide a note about this and that she is now on an ESOL course?

Last thing so I am clear, the proof of us living together with bank statements, utility bills etc is for the next application? We only got married the weekend so it was impossible to do any of this and in my view premature?

Many thanks for advice and help in advance.

20k Euros at home in the safe? Is the Majestic Residence a higher end complex? I would be extremely nervous about keeping that amount of cash in the home in any country.

TheWalkingMan

it's not the amount of cash as 20k in 500 euro notes can be well hidden, it's who knew he was holding that amount

majestic residence was touted as a high end estate and they certainly charged plenty for the land, i'd be gutted if I had purchased in there to be fair

hope he's got a work permit

it all fell apart for me when he said about the Watford FC tattoo.....

11am soi 6 and looking for a fry up....not exactly short of venues down there

Jail and Deportation surely?

^ What was the name of your shop?

is it that obvious Pip?

I worked there as one in the glory years, never opened up my own shop though

1, go to Big C and get some cards printed up with your mobile number as contact and have your title as 'property consultant'

2, go and pay key money for some big commercial unit that needs renovating, tie yourself in for at least 3 years!

3, pay more in renovations to that building than your studio apartment is worth that you live in/probably rent!

4, download some listings off another real estate agents website or as some of them have done just download the database of listings from their previous employer, stick them up in your windows for the tyre kickers and window shoppers, also put stuff in there thats too good to be true as that will increase traffic through your door and you can say 'sorry that ones has gone, but we have this one....'

5, Take out advertising in all major publications and on the local regurgitated T.V where some Mr Burns from the simpsons lookalike who has a great head for radio but thats about it is on there constantly babbling...he will also sign you up for a 1 year contract that you cannot break and when you do threaten you with his police connections!

6, by now you will be feeling some heat from your competitiors who have probably grassed you up for no work permit.....so go fork out for one of them (probably about 100k baht for the privilege)

7, sit in your shop fully legal and wait for the punters to roll in......:jap:

moral of that story is, 1, at least your cards were cheap 2&3 at least the nice man you paid all that money to gets his commercial property renovated and it looks suay suay, 4&5, you've made some enemies, 6, you done all that for zero return, 7, you can log onto TV at your leisure and have plenty of time for the internet

he is probably ex timeshare or one of those salesmen in spain who closed people on their 3 day inspection tours.....

either that or extremely deluded

Sorry Winnie - You're right, we should give the guy a group e-hug.

get off your soapbox you soppy <deleted>....

the venom comes out in a divorce and probably her family think of him as nothing as the cack on their flip flop, not even that...yeah she guaranteed the house but only so her sister could gain whilst he paid the mortgage off...simples

is he the T girl gone wild and/or Cremepai guy?

he has a saggy belly and his body has moles all over his body... from what i seen... and most of his girls are skanks, probably from buriram...

they should throw him in the GP of Prison and then show the police ought to show all these movies in NE thailand to see if any mothers and fathers recognize their daughters...

then turn him lose with these parents with meat cleavers and let them show their parental authority on his arse.

it would be a real move of the Police to show they are not in bed with this sort of person and if they are truly cleaning up thailand.

they'd be the same parents and family happily sending their daughters away to sell themselves to send money back to them yeah....ok they may not be really happy but the money they recieve each month does take some sting out of it....

the 6th floor upwards will do the job won't it?

You sure your name isn't 'Thai Tony'

so Snafu is still in the S.W.A.T team then......

Mmmmmmmmmmmmmmm

i'm going to take the missus there and suffer the pain, if it is as bad as some say it is then at least she won't be asking to go again....

just for a bit of interaction with some fellow somchais for her really and these market stalls....plus theres no football on that day that I will be missing

LOL!!! love this story, reminds me of the time some bloke I knews girl went to royal garden with her big gold necklace on a few years back, apparently the same thing happened to her there

when I said I knew the owner of the security firm that has cctv in the shopping centre and I would get the film of it for her to go to the police station the crocodile tears turned to anger and rage with outbursts of 'why you no believe'

of course the bloke was back in the u.k and sincerely worried about his tirak:whistling:

Just had a sample of these guys on youtube..

Dont think i'll be paying 950baht for a ticket,

I can understand why the singer guy has got his face covered up in the promo shot

if you wish really really hard before beddy byes tonight perhaps Rolf Harris might play Bangkok:lol:

if on a fiancee settlement visa do you advise I put her name on my utilities bills?

also a bank account, she can't work at the moment from what i've been told so probably no need for that till married....

same for national insurance number?

or have I been mis-informed?

cheers

Your Fiancee is in the UK on what is in effect a settlement Visa, She is entitled to NHS services You will need to go to your Doctors and Register.

I managed to do that before we were married no problem. although some people have reported that they have had difficulty

You can put your Fiancee's name on a utility account such as telephone and water then you will have proof of address. Needed to open a bank account

I don't think she will be able to open one in her sole name until she has a credit rating, getting her on a utility bill or two is a good idea.

Good luck

Brilliant, thanks very much for the info, much appreciated!

Fiancee has been here in U.K for just over 2 weeks, all is good, got an appointment with a language college set up for mid November....

we don't plan on getting married till next year and as far as I can make out she cannot get a N.I number till then.

What about healthcare? is she entitled to it?

Also council tax, I need to get her name put on there to show she is living with me so there is a record for later on when/if she needs to apply for ILR, is that the best/only way of getting a proof of address for her?

Cheers for any pointers/advice

Norrona:

Yes, good to have her level assessed.

If she is found to be at or above ESOL 3 she will haveto sit the KOL test.

If below that level, she must demonstrate relevant progress by progressing at least 1 level.

Make sure the college is accredited and that the course contains citizenship materials or it will be invalid. The certificate must also be awarded by an approved awarding body.

Many thanks for the advice, always good to have a few questions to throw at them, I live in Essex near Southend and it is listed as the Southend Adult Community College.

I will report back once we have been, cheers once again;)