Uk Visa - Please Help

[wiggy221]

I am after a bit of help and information regarding which forms my wife requires.

My Wife is a Thai national and has been in the UK for nearly 2.5 years, she originally entered on a Fiancée visa and then go the two year extension after we married. During this time we have started a family and have a 9mth old boy, my wife works full time (maternity leave at present) and is currently undertaking her ESOL course at college (has passed her level a1 speaking and listening) . The course completes next month (course had not been done sooner due to waiting lists and pregnancy).

After looking through the forms I am a bit unsure which form is required and what my Wife should be applying for. Would it be FLM R, SET M or another? The FLM R and SET M forms are for indefinite leave to remain but require my wife to have completed an ESOL course (see above comments), is there any other form that can be used which would take into consideration the fact we have a young child etc?

The ESOL qualification is Cambridge ESOL entry level one which is the equivelent to A1 level required on the SET M form. I belive the rules and regs have changed in Nov 2010 - we had not been informed of this change by the way. Can we still go ahead with the SET M? i have included her certificate and will include a letter from a councellor/MP and possibly a letter from her college tutor and work to state she has integrated in the community and has a good understanding of English.

Look forward to the responses, many thanks

[Lite Beer]

Moved to the correct forum.

[7by7]

It appears from what you say that your wife has not satisfied the requirements for Indefinite Leave to Remain, so she will have to apply for Further Leave to Remain again using form FLR(M)

(If she has satisfied all the requirements for ILR then she applies for this using form SET(M).)

Does her ESOL course include citizenship materials? If not, then it will not satisfy the knowledge of life and language in the UK (KOL) requirement.

Persons applying for FLR do have to satisfy the new language requirement. Having passed level A1, speaking and listening, this does satisfy the requirement, and she should submit the pass certificate with her application.

Note that the new requirement is a lot easier than KOL, and does not replace it; she will still have to satisfy KOL in order to apply for ILR.

With respect, she has had 2.5 years to satisfy the KOL requirement; you have left it rather late and so unfortunately will have to pay for another FLR, and then ILR when she has satisfied KOL.

However, if she works full time then maybe her English is good enough to pass the Life in the UK test instead of sitting an ESOL with citizenship course. If so, then you may be able to get this done before her current leave expires and so she will be able to then apply for ILR instead of FLR.

But whichever she applies for, the application must be submitted by the last day of her current leave.

[Thongkorn]

Just like to say 7by 7 you are a mind of knowledge. very helpfully .And you give your advice many times for free.Thanks

[wiggy221]

It appears from what you say that your wife has not satisfied the requirements for Indefinite Leave to Remain, so she will have to apply for Further Leave to Remain again using form FLR(M)

(If she has satisfied all the requirements for ILR then she applies for this using form SET(M).)

Does her ESOL course include citizenship materials? If not, then it will not satisfy the knowledge of life and language in the UK (KOL) requirement.

Persons applying for FLR do have to satisfy the new language requirement. Having passed level A1, speaking and listening, this does satisfy the requirement, and she should submit the pass certificate with her application.

Note that the new requirement is a lot easier than KOL, and does not replace it; she will still have to satisfy KOL in order to apply for ILR.

With respect, she has had 2.5 years to satisfy the KOL requirement; you have left it rather late and so unfortunately will have to pay for another FLR, and then ILR when she has satisfied KOL.

However, if she works full time then maybe her English is good enough to pass the Life in the UK test instead of sitting an ESOL with citizenship course. If so, then you may be able to get this done before her current leave expires and so she will be able to then apply for ILR instead of FLR.

But whichever she applies for, the application must be submitted by the last day of her current leave.

Hi 7by7, would just like to say many thanks for the advice and it has all been taken onboard. We have just sent off the FLR M form for another extension.

The current ESOL course finishes in June and the next level starts in September so when it comes around again in 2 years time my wife can show she has progressed from one level to the next.

I believe the other English test they requrie you to do is covered by the ESOL course as entry level one is the equivelent to level A1. We will also look into my wife doing the KOL course.

Many thanks again