Flr Or Ilr And British Students.

[skeets]

Hi all.

Wonder if anyone can help me. Im a British citizen married to a Thai. Hes on a 27 month spouse visa which expires in December. We live in Leicester and im a full time 2nd year uni student. In the home office papers titled " Information for applicants on the new English language requirement for partners" it states that

"the new english requirement does not apply to the following groups of people."

spouse or partner of a student.

it obviously says more than that but thats all it mentions about students, Im presuming it is refering to foriegn students only but would anyone be able to clarify this please?

Thanks

[7by7]

The "new English language requirement for partners" to which you refer is a requirement when making the initial settlement application. Your husband already has his settlement visa, so it does not apply to him anyway.

It is a requirement for those who are applying to settle in the UK as the spouse, civil partner, fiance or unmarried partner of a British citizen or UK resident. I can't find any mention of the partners of students being exempt; although the partner of a foreign student entering the UK with a student visa would not be applying for settlement.

The knowledge of life and language in the UK requirement does apply to him; it applies to all those applying for ILR unless they are exempt through age, disability or some other reason. Has your husband satisfied this?

[paully]

the partner of a foreign student entering the UK with a student visa would not be applying for settlement.

That's why, I presume, the OP's quoted extract refers to "spouse or partner of a student". It doesn't mean spouse/partner of a British citizen who happens to be studying in the UK.

[BobHG46]

If your spouse is currently studying at a British university and will be awarded a degree therefrom, that should be enough to exempt him from the English Language requirement, for which there an overwhelming demand. The UK Border Security web site has all the details.

[bkk_mike]

If your spouse is currently studying at a British university and will be awarded a degree therefrom, that should be enough to exempt him from the English Language requirement, for which there an overwhelming demand. The UK Border Security web site has all the details.

That would be if he were a student, because to get a student visa you need a better level of English anyway (even to study English).

However, the OP isn't in that situation. The husband is on a spouse visa, so can either apply for FLR (Further Leave to Remain - for another year (2?)), or pass the life in the UK test and apply for ILR (Indefinite Leave to Remain - which doesn't expire unless you spend two complete years out of the country).

However I think there is also a minimum level of English required for ILR too.

The added benefit of ILR is it's a required step to apply for a UK passport, which as a spouse would be after 3 years in the UK, with at least 12 months on ILR.

[Hawkinschris]

Quote "The added benefit of ILR is it's a required step to apply for a UK passport, which as a spouse would be after 3 years in the UK, with at least 12 months on ILR."

bkk_mike states a spouse must hold ILR for a year before they can apply for Citizenship, is this true?

I always assumed it was just 3 years in the UK but holding ILR and without the obvious time out etc

Our case is -:

Arrived Nov 20th 2009

Married Feb 26th 2010

FLR March 8th 2010

ILR (PEO) Feb 10th 2012

Citizenship Nov 20th 2012 is when I believe we can apply

True ?

Edited February 5, 2012 by Hawkinschris

[lubbkis]

Wouldn't it be typical of our Grate British administration that they treat the spouse of a foreigner better than the spouse of a indigene. Take them to Strasbourg! Cameron will love you for it.

[skeets]

Hi guys,

No my husband hasnt done the English test, which is basically why i was looking for ways round it!!!

His English really isnt very good and im trying desperately to try and find somewhere in Leicester where he can learn so if anyone knows anywhere please can you let me know. He can understand and speak English enough to get by but can not read or write so he is pre-entry ESOL level which is hard to find.

cheers.