Settlement Visa Extention In The Uk + Ilr Advice

[vanfan39]

Hi people, just a couple of points if i may....i was asking for advice back in july about my step daughter coming to england..(thanks for the info) well she had no problems with the visa but was only given till dec 20th 2010 to run with her mothers...that i understand but when i renew her mothers on the 20th will i have to pay again for my daughters ? only just paid £600 for it back in april....also we have been told by someone that since my wife has 2 english children born here in the uk she doesnt have to take the british test (she finds it hard to get to college with 2 young children both under 2) so we could apply for ILR for her rather than keep paying for the extention (does anybody know the cost of this extention)...

thanks for any info.....as always this site is a life saver

best regards jason

[7by7]

As your wife does not yet have ILR, her daughter's initial visa will have been linked to her mother's, so that they both expire at the same time and apply for ILR (or FLR) at the same time.

Having British children does not exempt your wife from having to meet the KOL requirement, although her daughter is exempt as she is under 18.

For a list of exemptions, see this page.

The cost of extending your wife's visa (FLR) is currently £465 by post or £665 in person. As the child is under 18 and your wife's dependant she can be included in your wife's application.

The child can also be included in her mother's ILR application. ILR currently costs £820 by post or £1020 in person.

[vanfan39]

As your wife does not yet have ILR, her daughter's initial visa will have been linked to her mother's, so that they both expire at the same time and apply for ILR (or FLR) at the same time.

Having British children does not exempt your wife from having to meet the KOL requirement, although her daughter is exempt as she is under 18.

For a list of exemptions, see this page.

The cost of extending your wife's visa (FLR) is currently £465 by post or £665 in person. As the child is under 18 and your wife's dependant she can be included in your wife's application.

The child can also be included in her mother's ILR application. ILR currently costs £820 by post or £1020 in person.

THANKS 7 BY 7

[chewy22]

I know this is am old thread but 7x7 has given me very useful advice in the past. My wife’s settlement visa runs out on 7th November this year. And today we have just returned from her taking the Life in the UK test in Preston for the 4th time and again she did not pass. We have booked in again next week but the cost of the test from the 1st of June will now be £50 not £35. The staff in the office were only informed today about the increase in the fees.

My question is if we don’t pass by the 7th November what are the costs and requirement of the visa extension. My wife is about to give birth in about 3 weeks not that this will help us in any way. I am sure I read somewhere that she will now need an English test to get the extension is this true? And what do we do. I know we have to keep trying to get here to pass the exam but I would like to know what is required should we not pass in time.

[bellboy86]

Hi , my wife sat her test about 5 or 6 times and finally she passed,Just keep trying don't give up, if she doesn't pass then the cost of flr are above posted by 7by7, goodluck. 7by7 has the ilr fee gone down as we just paid £900 I'n febuary.

[7by7]

Chewy22,

If your wife has not satisfied the knowledge of life and language in the UK (KOL) requirement before her current visa expires then she will not be able to apply for ILR. (Well, she could apply, but it would be refused!) Instead she would need to apply for Further Leave to Remain. See Applying as a husband, wife or civil partner from inside the UK. This is valid for two years and at the end of it if she has then satisfied KOL she can apply for ILR.

To obtain FLR she will first have to satisfy the new language requirement by passing an A1 (or higher) English speaking and listening test with an approved provider. The test is just speaking and listening and considerably easier than the LitUK test. See New English language requirement for partners .

If she is having difficulty with the LitUK test remember that she can also satisfy KOL by advancing one level on an ESOL with citizenship course, see Demonstrating your knowledge of language and life in the UK.

Bellboy68, the post in which I quote the fees is over 18 months old; they haven't gone down, they've gone up! As have FLR fees.

[bobrussell]

Fees have gone up and up and up (twice a year at the moment). When we started on this visa treadmill it was £50 for each dependent child (from memory) now it is £486!! Somewhat above the rate of inflation.

If we wait any longer the fees will propel me into bankruptcy!

[chewy22]

Just to give you an update my wife failed again last month the test Life in the UK 5th time. No matter we will try again but will have to wait as we have just been blessed with a baby daughter this week .

Now just had a Thai friend around the house and could not get through to her husband that he was wrong.

What he told me was his wife, true is on a settlement visa like my wife, she went to the White Chapel College in Stratford 67 Maryland Square last week. And she took an English test and passed in one day paid £450 , KOL I believe and he now thinks she has what is required to apply for ILR later this year? They I believe have been miss informed. He thinks if he submits this form with the usual utility bills at the end of two years she will get ILR. He refuses to believe she can only apply for FLR.

Am I mad or is he correct. My head is spinning now.

[sumrit]

Just to give you an update my wife failed again last month the test Life in the UK 5th time. No matter we will try again but will have to wait as we have just been blessed with a baby daughter this week .

Now just had a Thai friend around the house and could not get through to her husband that he was wrong.

What he told me was his wife, true is on a settlement visa like my wife, she went to the White Chapel College in Stratford 67 Maryland Square last week. And she took an English test and passed in one day paid £450 , KOL I believe and he now thinks she has what is required to apply for ILR later this year? They I believe have been miss informed. He thinks if he submits this form with the usual utility bills at the end of two years she will get ILR. He refuses to believe she can only apply for FLR.

Am I mad or is he correct. My head is spinning now.

Hi Chewy, congrats on the new arrival. We thought we'd finished with all that stress two years ago didn't we, but now we're at the next stage and it doesn't get any easier does it.

There are TWO ways of satisfying the English requirement for ILR. One is passing the Life in The UK Test (which is really designed for people at English entry level 3 and above) and the other is passing an 'Esol with Citizenship' course at an accredited college. Sounds like your friends wife passed the Esol with citizenship course (although the one day bit doesn't sound right).

Esol with citizenship is an option designed for people below entry level 3 English. It's a thirty hour college course where the person is assessed before the start of the course (eg: at entry level 1) then they must progress to the next level over the thirty hour course (eg: to entry level 2). The course must have the 'with citizenship' content, a standard Esol course and certificate is NOT acceptable, and the 'with citizenship' content can't be taken separately. The actual exam for this course is also just speaking and listening, no reading or writing involved.

Most Government run colleges run these courses over a term (eg: three hours per week over ten weeks) at a cost of around £100-120, which is what my wife has done (unfortunately this is no good for your wife as her visa runs out before the end of the next term), however some privately run colleges condense the course into a much shorter time (eg: six hours per day over the course of one week). These colleges are more expensive, hence your friend paying £450, but I do know of a college in Manchester (not a million miles from Preston) that runs the course over one week at a cost of £270. I believe help with the actual ILR application is also included in that price (if needed of course). And £270 is still cheaper than paying for FLR while your wife continues to try to pass the LITUK test.

Another problem with going down the FLR route is the changes in the rules last November. Since then all settlement applicants must now pass a basic 'A1 English' exam as part of their application. As your wife came to the UK before these changes were in place she would also have to pass an A1 English exam as part of an FLR application.

Let me know if you want the details of the college and I'll send them to you. A friends wife passed the course there about three or four weeks ago without any problems.

Good luck.

Edited June 21, 2011 by sumrit

[bobrussell]

Not sure that i agree with the part about the standard ESOL course not being acceptable. The key is that the college must be willing to sign a letter confirming that the course was taught with citizenship materials. It is not a requirement that every aspect on the LitUK syllabus is taught. Many 'standard' ESOL Skills For Life courses comply.

The full details are on the UKBA website:

http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/kol/esol-with-citizenship/

and:

http://www.niace.org.uk/Projects/esolcitizenship/FAQ.htm

It is important to check with the college that their course complies!

[chewy22]

Quote Another problem with going down the FLR route is the changes in the rules last November. Since then all settlement applicants must now pass a basic 'A1 English' exam as part of their application. As your wife came to the UK before these changes were in place she would also have to pass an A1 English exam as part of an FLR application.

Let me know if you want the details of the college and I'll send them to you. A friends wife passed the course there about three or four weeks ago without any problems.

Thank you for the reply I may need to find a school local to me for her to take the A1 English exam. I cant seem to find the list of schools on the UK.gov web site.

As for the 1 day dosent seem right I should point out that my friends wife took the A1 test.

[hotandhumid]

Can I ask 'ESOL is an opition for people below level 3 English'

So what is the benchmark for below level 3 English? How would I know what level my fiancee is at right now? When we apply for settlement visa she will take the A1 test, then I assume get to level 2 ESOL whilst in the UK.

[bobrussell]

The college doing the ESOL course will assess the level of a prospective student. Most will fall into the level 1 category. Level 2 is generally where someone can carry out a good conversation in English rather than just making themselves understood. Level 3 is heading towards a full 'normal' conversation. Both involve significant reading and writing skills as well. Level 3 obviously more advanced than level 2!

Gross oversimplification, I accept, but ESOL level 2 is not basic English. The test required to get temporary leave to enter is, by all accounts, very basic levels of spoken and listening skills.

My wife is grumbling about being moved to level 3 as she will have to work harder! She started at level 1 18 months ago.

[hotandhumid]

Bob - thanks for that. Am I correct in saying that to apply for citizenship level 2 is required, and that's it?

Yes, the AI test does look pretty easy, my missus won't have any probs with that.

[kunash]

Bob - thanks for that. Am I correct in saying that to apply for citizenship level 2 is required, and that's it?

Yes, the AI test does look pretty easy, my missus won't have any probs with that.

dont forget you have 2 years before you have to apply for ILR, from when your wife first enters the UK. so in the first 16 months you dont have to do anything, but in this time your wife's english will be improving. i would hope that with your help as well, she could get to level 1 or 2 english in 16 months. then she would enrol on the ESOL course. for the course you need to be at least level 1 english, and then to pass the course, she needs to gain at least 1 level. so yes, she would then be level 2, and have the citizenship pass

My gf will probably be taking the ESOL with citizenship test.

Edited June 21, 2011 by kunash

[hotandhumid]

Yes I knew that but thanks anyway.

My fiancees English is pretty good now and as you say after 16 months of living in the Uk it will improve even more. I really don't think it would be a problem for her.

[bobrussell]

The candidate has to demonstrate that they have increased by one level ie if initially level 1 must go to level 2 .If level 2 must go to level 3.

If your wife can read and write English fairly well the quickest way to comply with requirements is to take and pass the Life in the UK test.

I have to admit I failed a test version even with Google but there is a book/cd with the answers in it which can be learnt. It is a multiple choice exam often taken at the same place as written driving tests.

There is a lot to be said for the ESOL route. It allows people to mix, learn English together and make friends. Many local colleges offer suitable courses. The costs seem to vary wildly!

[hotandhumid]

Bob - It appears to me that the ESOL course is easier. I had a look at the LitUK test and couldn't believe how diffulcult it was.

[sumrit]

Not sure that i agree with the part about the standard ESOL course not being acceptable. The key is that the college must be willing to sign a letter confirming that the course was taught with citizenship materials. It is not a requirement that every aspect on the LitUK syllabus is taught. Many 'standard' ESOL Skills For Life courses comply.

Bob, as far as I'm aware, from talking to the relevant college lecturers themselves at the college my wife attends, the standard Esol course and the Esol with citizenship courses don't have the same curriculum. Yes, they will both advance somebody from,say, entry level 1 to entry level two but the Esol with citizenship course has a specific curriculum designed to qualify for ILR and so contains the specific 'with citizenship' content required, and is taught over thirty hours. The standard Esol course doesn't contain that citizenship content so the college can't write the appropriate letter required to accompany to certificate as that would risk their accreditation status. Also it's usually taught at a more leisurely pace, over a full college year.

Any standard Esol certificate is, however, fully acceptable in place of an A1 English certificate for somebody who is applying for FLR.

[sumrit]

Not sure that i agree with the part about the standard ESOL course not being acceptable. The key is that the college must be willing to sign a letter confirming that the course was taught with citizenship materials. It is not a requirement that every aspect on the LitUK syllabus is taught. Many 'standard' ESOL Skills For Life courses comply.

Bob, as far as I'm aware, from talking to the relevant college lecturers themselves at the college my wife attends, the standard Esol course and the Esol with citizenship courses don't have the same curriculum. Yes, they will both advance somebody from,say, entry level 1 to entry level two but the Esol with citizenship course has a specific curriculum designed to qualify for ILR and so contains the specific 'with citizenship' content required, and is taught over thirty hours. The standard Esol course doesn't contain that citizenship content so the college can't write the appropriate letter required to accompany to certificate as that would risk their accreditation status. Also it's usually taught at a more leisurely pace, over a full college year.

My wife had actually started the standard Esol entry level 2 course last September when we asked about her also doing the 'with citizenship' content as well. We were told it couldn't be done that way and she would have to complete the thirty hour 'Esol with citizenship' course starting in January to get the required letter. She was able to stay on the standard course as 'practice' though.

Any standard Esol certificate is, however, fully acceptable in place of an A1 English certificate for somebody who is applying for FLR.

[bobrussell]

I have questioned our local college several times on this matter. It is local authority run college with OFSTED approval. The teachers have written a number of letters to the UKBA at the time of ILR application without problems. In fact one Thai girl went for an interview to get FLR and was asked why she was not applying for ILR. She paid the extra and walked out with ILR. They have assured me the course complies.

I understand that it is not necessary to teach the whole curriculum of the Life In The UK test but need to use materials from it.

The link below is related to the Cambridge ESOL course.

http://www.niace.org...zenship/FAQ.htm

I have always qualified my comments by 'check with the college before you start!' It could be that the college my wife goes to uses citizenship materials as part of the Skills For Life where others may not. There will be a number of red faces if we have issues when we apply but the teacher says she will complete the letter when we make the application!

I will start to prepare the application for my wife and daughter next month which will allow enough time for crammed study for the exam if necessary!

The proforma letter link is:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/289490/template-letter.pdf

Edited June 22, 2011 by bobrussell

[RAZZELL]

Worth noting that there are some "fly-by-nights" who offer "with citizenship" courses that aren't accepted by the UKBA.

Check first.

Chewy22...is this the place you're on about?

http://www.whitechapelcollege.com/

RAZZ

Edited June 22, 2011 by RAZZELL

[chewy22]

Worth noting that there are some "fly-by-nights" who offer "with citizenship" courses that aren't accepted by the UKBA.

Check first.

Chewy22...is this the place you're on about?

http://www.whitechapelcollege.com/

RAZZ

Yes thats the one they used, Not seen the cert yet.

I may need to get my wife to take the A+ English test if we cant pass the Life in the UK test. Anybody know of one in my area South Cumbria of Lancashire. How much are the fees.

[7by7]

List of approved providers.

I think fees vary, so you should check with the test provider first.

[chewy22]

List of approved providers.

I think fees vary, so you should check with the test provider first.

Close to me but still 100 mile drive is this what I am looking for IELTS http://www.ielts.org/test_centre_search/results.aspx?TestCentreID=8d2fccdb-e295-44b7-beb3-ae98779c377c

[chewy22]

Just to give you an update my wife failed again last month the test Life in the UK 5th time. No matter we will try again but will have to wait as we have just been blessed with a baby daughter this week .

Now just had a Thai friend around the house and could not get through to her husband that he was wrong.

What he told me was his wife, true is on a settlement visa like my wife, she went to the White Chapel College in Stratford 67 Maryland Square last week. And she took an English test and passed in one day paid £450 , KOL I believe and he now thinks she has what is required to apply for ILR later this year? They I believe have been miss informed. He thinks if he submits this form with the usual utility bills at the end of two years she will get ILR. He refuses to believe she can only apply for FLR.

Am I mad or is he correct. My head is spinning now.

Today I have seen the cert and it is an E1 test pass. He now believes this is enough to use for the ILR application is he right. I have read the UKBA site and it’s not clear. I thought she would need to progress from level 1 to level 3.

[Dont Panic]

It was 2 years ago I was on this site everyday looking for advice on a settlement visa, which took a very long 3 months to come through. I'm sure I remember the name chewy from those days. We are now in the process of applying for ilr. I thought it would be straightforward - glad I checked it out 2 mths before her visa is to expire! What concerns me is the documents you need to prove you have been living together - I hope we have enough!!! If it counts for anything, our 3rd daughter was born in the uk this year....jeez here we go again!

[7by7]

Today I have seen the cert and it is an E1 test pass. He now believes this is enough to use for the ILR application is he right. I have read the UKBA site and it's not clear. I thought she would need to progress from level 1 to level 3.

From ESOL course in English with citizenship

A 'relevant ESOL qualification' is

• an ESOL qualification in speaking and listening at Entry 1, Entry 2 or Entry 3 level approved by the Office of the Qualifications and Examinations Regulation (Ofqual); or
• one National Qualifications Unit in ESOL at Access 2, Access 3 or Intermediate 1 level approved by the Scottish Qualifications Authority.

'Approved awarding bodies' in England, Wales and Northern Ireland are:

• Ascentis (formerly Open College of the Northwest)
• Cambridge ESOL
• City & Guilds (Pitmans)
• Edexcel
• Education Development International (EDI)
• English Speaking Board (International) Limited
• National Open College Network
• Trinity College London

In Scotland, the only approved awarding body is the Scottish Qualifications Authority.

So, if by 'E1' he means 'Entry 1' then he may be right, but only if the awarding body is on the above list and the course she attended prior to taking the exam was provided by an accredited college and included citizenship materials; she will need confirmation of this from the course provider.

See Question 5.3 and associated note 2 of form SET(M) as well as section 22 of the SET(M) guidance notes, especially 22M

[chewy22]

Today I have seen the cert and it is an E1 test pass. He now believes this is enough to use for the ILR application is he right. I have read the UKBA site and it's not clear. I thought she would need to progress from level 1 to level 3.

From ESOL course in English with citizenship

A 'relevant ESOL qualification' is

• an ESOL qualification in speaking and listening at Entry 1, Entry 2 or Entry 3 level approved by the Office of the Qualifications and Examinations Regulation (Ofqual); or
• one National Qualifications Unit in ESOL at Access 2, Access 3 or Intermediate 1 level approved by the Scottish Qualifications Authority.

'Approved awarding bodies' in England, Wales and Northern Ireland are:

• Ascentis (formerly Open College of the Northwest)
• Cambridge ESOL
• City & Guilds (Pitmans)
• Edexcel
• Education Development International (EDI)
• English Speaking Board (International) Limited
• National Open College Network
• Trinity College London

In Scotland, the only approved awarding body is the Scottish Qualifications Authority.

So, if by 'E1' he means 'Entry 1' then he may be right, but only if the awarding body is on the above list and the course she attended prior to taking the exam was provided by an accredited college and included citizenship materials; she will need confirmation of this from the course provider.

See Question 5.3 and associated note 2 of form SET(M) as well as section 22 of the SET(M) guidance notes, especially 22M

If what he says is correct then he has found a loop hole. You spend your £450 and one day at the above college wait for your certificate in the post then make your application for ILR. Surly they will have to provide her course work in the ILR application?

He said the test was something like the one you take for the A1 english. All in about 30 min.

It does seem wrong to me that my wife is studying very hard to pass life in the UK test or others spend 30 weeks at college moving from level one to 3.

I think he will get a surprise when he puts in the application and find what he has is only enough for FLR I have advised him to call the home office but he wont listen. Time will tell.

[7by7]

I don't think that there is a loophole.

22M of the SET(M) guidance notes says

What evidence will you need to submit to show that you have obtained a relevant ESOL qualification?

You must submit the original certificate from an approved awarding body (see above) showing that you have obtained a relevant ESOL qualification.

You must also submit a letter from your college confirming:

- Your name

- The title of the qualification you have obtained

- The name of the awarding body

- That the course contained citizenship materials derived from the document entitled "Citizenship Materials for ESOL Learners" produced by NIACE/ LLU+

- That you were assessed at the beginning of the course by a suitably qualified teacher

- The level at which you were originally assessed

- The level to which you have progressed

- The duration of the course

- How the college meets the definition of an "accredited college".

The letter from the college must be on letter-headed paper, be signed and dated by an official of the college, and contain the official stamp or seal of the college.

If she doesn't provide the above, then her application will be refused and she will lose the fee, £975 if applying by post or £1350 if applying in person.

Furthermore, she will no longer have any valid leave to remain in the UK, and I'm not sure if she would be able to apply for FLR as strictly speaking in order to apply for FLR she should have a valid LTR, and she wont! So, she may have to return to Thailand and start all over again!