Flr

[skeets]

Hi,

My husband's spouse visa expires on the 14th of December this year. so far he has completed a pre-esol course which has no exams and he is currently doing his ESOL 1 he will not be able to complete this and sit the exam before his visa runs out. He needs at least another 2 years in the UK in order for me to finish my degree and to hopefully qualify as a teacher. He does not actually want a settlement visa as our plan is to eventually return to Thailand.

my questions are:

Can i still get a flr without the A1 certificate?

I have read on here about a 5 year visa, would that be more suited to our needs?

If he has to do the A1 does anyone know how i go about doing this in the Leicester area, he can speak and understand but his reading and writing is very poor.

Thanks for any advice.

skeets

[skeets]

And can i also mention that on the UK border agency website it quotes this, and i am a full time student presently in my third year at university.

The new English requirement does not apply to the following groups of

applicants:

 spouse or partner of Tier 1 and Tier 2 visa applicants

 spouse or partner of a student *****************

 visitors

 refugees or spouses of refugees applying on the basis of family reunion

 dependent children

 spouse or partner of an EEA national

 spouse or partner of a member of the armed forces applying under Part

7 of the Immigration Rules

 applicants for indefinite leave to remain

Edited September 25, 2012 by skeets

[skeets]

hi.

Ok so I think I understand now, I was getting ESOL confused with the A1 qualification. So for his FLR am I right in thinking he only needs to do the A1 exam which is 6 minutes of one to one conversation which he can do in Birmingham for £80.00 ?

Thanks

[7by7]

For FLR he only needs the A1 speaking and listening.

But, the requirement for ILR changes in October 2013.

If applying for ILR from October 2013 an ESOL with citizenship course will no nonger be sufficient; he must have

• Passed the Life in the UK test. and
  
• Obtained level B1 of the CEFR in speaking and listening, or better.
  

[skeets]

Hi 7by7,

Thanks for clarifying the A1 business.

A few more questions if I may?

For the FLR visa it says we need our marriage certificate, If its in Thai do I need a translation? I have a copy translation but not an original so id probably have to get that done again.

Also it states that I need to show proof that we could marry, I have my translated affirmation of marriage from Thailand but my husband never had to get one done, does he need one? we had both never been married before.

Last question, is it possible to have two FLR visas in a row........ I'm just thinking ahead!

Thanks for all your invaluable help.

Skeets.

[7by7]

Yes, you should provide a certified translation of your marriage certificate, original not photocopy.

Applicants and their partners only need to provide evidence of freedom to marry if they had been married before. Divorce certificate or previous partners death certificate. As this is your first marriage then nothing is required. Ditto for your husband.

Theoretically there is nothing to stop serial FLR applications; apart from the cost. This may change.

Better to do what is necessary for ILR, IMHO.

ILR applications are more expensive than FLR ones, but once it's done, it's done (unless he leaves the UK for a continuous period of two years or more). Staying on FLR means an application every two years.

Also, once he has ILR and has lived in the UK for at least 3 years (from his first entry, not from when he receives ILR) he can apply for citizenship if he wishes. He cannot apply for citizenship while he has time restrictions on his stay, e.g. FLR.

[skeets]

Hi,

thanks again.

Im just not sure his English will ever be good enough for him to do the life in the UK test although he's just about to start further ESOL classes of 5 hours a week, In his last job he was working with mainly Polish and African people and now he is in a Thai restaurant!

We will see, still have to apply for the first flr visa first! Ill let you know how we get on.

skeets

[7by7]

Provided he applies for his ILR before October 2013 he does not have to pass the LitUK test; he simply has to obtain a relevant ESOL qualification from an approved awarding body and demonstrate that he has made relevant progress.

The course are usually called ESOL with citizenship or ESOL with skills for life.

Relevant progress basically means progressing one level, e.g from entry level 1 to entry level 2.

See Demonstrating your knowledge of language and life in the UK.

Once he has done so, then as he has, or soon will have, already resided in the UK as your spouse for at least 24 months he can apply for ILR, even if his FLR has not expired.

If he applies for ILR after October 2013 then an ESOL course will no longer be sufficient. ILR applicants from then on must have passed the Life in the UK test. and obtained level B1 of the CEFR in speaking and listening, or better.

[skeets]

Hi,

I didn't realise you don't have to wait for your FLR to expire before you apply for ILR, will definitely try to apply for it before October 2013.

Thanks 7by7.

Skeets.

[7by7]

Indeed, Para 287(a)(i)(a) of the immigration rules applies

287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and

ha

s c

ompleted a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom

(my emphasis)

Of course, the requirements of Paras 287 (a)(ii) to (a)(vii) have to be met as well; which includes the knowledge of life and language in the UK requirement.

Edited October 5, 2012 by 7by7

[bobrussell]

Just to rain a little on peoples parade I have tried to get my sister in law on an ESOL course and both the local colleges have informed me that the minimum cost is over £650 (international rate) until the person has been in the UK for three years. This is for three hours once a week for three terms! Government orders apparently!

Just makes me grateful it was a lot cheaper when my wife did hers!