Changing Flr To Ilr Visa In The Uk.

[baannambua]

Hi guys, just a bit confused as what to do at the moment. We had a mix up with my wifes visa situation when we went to apply for her ILR last time they said we couldn't because my wifes qualification in ESOl wasn't from an accredited college, her tutor was away at the time so we couldn't contact her to ask personally and so ended up applying for future leave to remain instead. We did it like this as we were at the UKBA in liverpool.But then after we had got my wife the FLR we actually found out from her tutor that her college was an accredited college so my wife was actually eligiable all along. I seem to remember them saying at the UKBA that when she was grNted the FLR that we wouldn't have to pay full price for ILR when we get round to doing it. Also they said as soon as she gets either an accredited award for ESOL or the UK knowledge exam pass she can apply anytime she wants, no need to wait for the FLR to run out. But how do we go about doing this now? I don't want to end up paying full price for ILR if we paid for the FLR already. Sorry if this is confusing. Can't wait to get this done and out the way. It's partly my own fault for not having things clear and set out properly before we did the application. Cheers for reading and any help appreciated.

[baannambua]

Also another question. Is it possible to apply for citzenship if she is now on an FLR? Seems a waste applying for ILR and then onto citzenship. She wil have been here for 3 years in June which makes her eligable. Thanks

[RAZZELL]

To apply for citizenship you must be "free from immigration time restrictions" on the day you make your application ie have ILR.

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

RAZZ

Edited April 28, 2013 by RAZZELL

[7by7]

As Razz says, she cannot apply for citizenship unless she has, among other requirements, no time restriction on her stay in the UK; e.g. ILR.

As well as the link in Razz's post, see British citizenship basics.

The onus is upon the applicant to provide the necessary evidence to show that they qualify for type of visa or leave to remain they are applying for. Your wife didn't do this as she did not provide the necessary letter from her college; as Form SET(M), the ILR application form, says she had to (section 5, note 1 of the form and para 22m of the guidance notes).

Although I am surprised that as she was on an approved course at an accredited college that the college did not automatically provide her with this when she completed the course.

You are correct in saying that as she has met the residential requirement for ILR then she can apply for it as soon as she has satisfied all the other criteria. So if the only thing missing was evidence of her satisfying the knowledge of life and language in the UK requirement, then she can apply as soon as she has that evidence.

Note, though, that this requirement for both ILR and citizenship changes with effect from 28th October 2013. From then on applicants must have

• passed the LitUK test and
• obtained an English speaking and listening qualification of at least level B1 of the CEFR or the equivalent.

See here for more detail.

As for being allowed to apply for ILR at a 'discounted' rate; this is the first I have heard of such a thing. I suspect that you are misremembering.

Especially as it is not the UKBA's fault that your wife did not supply all the documents specified on the ILR application form.

[baannambua]

Thanks for the information so far. With regards to what happened about the letter. Before we went to UKBA Liverpool I was reading the guidelines and going through the check list, I thought we had everything together and ready. Then I saw the bit about needing a letter from the college saying it was an accredited college etc. This is when I realised that we didn't have, all I could do was ring the college but my wifes college tutor and the whole college had broken up for summer and she had gone away. All I could speak to were people that were unrelated the ESOL course, I explained the situation and told them what the letter needed to say etc. They gave us a letter with letter head etc and the college stamp but the awarding body that had chosen to write was the wrong one. I didn't realise this until we go to UKBA and the lady working there said that the awarding body written on the letter wasn't recognized. I was shocked and confused and didn't know how this could of happened. I Thought so the past 12 months my wife has been doing is in college has been wasted. I explained that the college was a proper college and the best college within our radious. There was no way we could get hold of her tutor we tried calling,emailing etc but she was out of the country. We were desperTe for my wife to get something sorted for my wifes visa as I had a month booked off work and we needed to get back to Thailand for the holiday. Anyway whilst we were away the tutor rang my Mother, she explained that the college was infact an accredited college but my wife had misunderstood and not turned up to the college when the letters were handed out or had not asked for the letter atall.(God knows why not). This has made such a mess now and confused everything. Whilst at the UKBA I did explain everything to the lady working there And thats why I thought she said we could appeal. I know it was our own fault but technically she was eligable from the start. Sorry if this is confusing to read, I need help with this and unsure what to do. The FLR wasn't cheap and now have to pay for ILR and then citzenship after thT aswell. Just trying to get the situation across clearly. Thanks

[7by7]

Being eligible for ILR is not enough; she has to show that she is.

She didn't.

Whether that is her fault for not collecting the right letter when she was supposed to or the college's fault for not providing it is moot because, as I said, the onus is on the applicant to provide all the required documents. So no fault lies with the UKBA.

But if you are sure you were told at the Liverpool PEO that she could somehow appeal or pay for her ILR application at a discounted rate, all I can suggest is that you contact the UKBA directly to ask about this.

Did you get anything in writing from the person you saw at the PEO? Do you at least have their name?

May I ask that should you post again you make use of paragraphs? It'll make your posts much easier to read.

[baannambua]

Sorry about that. I'll have to look through all the stuff we have. Also I will try ringing the UKBA, I don't think they gave us anything particular though it was all verbal.

At the UKBA do they have someone to help with these type situations? For a fee? Like a representative?

Thanks

[7by7]

Afraid not; but there is the:

Immigration enquiry bureau

The immigration enquiry bureau can provide information about the Immigration Rules' requirements for permission to stay and settlement in the UK. They cannot provide estimated completion dates for applications.

Please note that you may experience longer than usual wait times. We apologise for this and would like to assure you that we are doing everything we can so that your call is answered as quickly as possible.

It is often easier to get through later in the day. The cost of your call will vary depending on your network provider, and it is likely that calls from mobile phones will cost considerably more. We strongly recommend that you check with your network provider for potential costs. Please be aware that phone calls may be recorded for quality purposes.

Contact details

Phone:
0870 606 7766

Textphone:
0800 389 8289 (the contact centre also accepts calls by text relay and other similar services)

Address:
UK Border Agency, Lunar House, 40 Wellesley Road, Croydon, Surrey CR9 2BY

Opening Hours:
Monday to Thursday 09:00 to 16:45, Friday 09:00 to 16:30 (excluding public holidays).

If you want professional advice you should contact your local CAB or an OISC advisor

[bobrussell]

It sounds to me as if FLR was the only option available to the Public Enquiry Office as the correct paperwork was not presented. I wonder if the suggestion was made that a postal application for ILR be made once he paperwork was correct. This is less expensive (I nearly wrote cheaper!)than an in person application.

My advice (for what it is worth) would be to bite the bullet and make a postal application prior to the October changes so the new language requirements will not apply.

Discounts from the UKBA are as rare as dragons teeth so don't count on one unless you have got it in writing! The time on FLR will count towards the residence requirements for citizenship once ILR has been granted.

Edited April 30, 2013 by bobrussell

[baannambua]

Hi and thanks again for the replies and advice. Even for a postal application which can take upto 6 months is £1050 and if it goes the full distance will take us past October and also the new rules will have come into play.

Not sure if i'm right in thinking that if the application is made before the new rules come in then the old rules will apply?

Back to the letter that we did not have on the day, like I said above we did have a letter just the awarding body that we was written down wasn't recognized. It had my wifes name, the leaving date of the course once finished and the name of the college.

As my wife is now doing a second year with the same tutor (level 2) her tutor has said that she can give us a back dated letter and an explanation as to what has happened. We can get the exact dates and qualifications passed etc and the proof thats it's an accredited college.

I can't remember for the life of me now whether they told us to appeal once we had the letter or if we would pay the rest of the price for ILR but minus the price of FLR once we got our hands on the letter as she was technically eligable at the time.I remember her saying once we had the letter my wife could apply at any time.

I realise alot of this is my own fault for not doing things correctly but it seems a bit steep to have to pay £1000+ when we had done everything and more, gave them double copies of everything photocopies and originals which they then told us they didn't need.

If we do want to appeal or atleast explain her case where do we do it? I'm afraid if I just send an email to UKBA then it will be ignored. Her FLR doesn't run out til August 2014 so wer'e not desperate but just feel gutted about he situation.

Thanks again

[baannambua]

Also thanks 7by7 is maybe worth getting a professional advisor to help as the one you show in your link or conacting CAB. Cheers

[7by7]

Hi and thanks again for the replies and advice. Even for a postal application which can take upto 6 months is £1050 and if it goes the full distance will take us past October and also the new rules will have come into play.

Not sure if i'm right in thinking that if the application is made before the new rules come in then the old rules will apply?

Although the statement of intent doesn't specifically say so, usually when changes are made it is the date the application is submitted that counts, not the date of the decision.

As for the letter; although I appreciated you acted in good faith and relied on the information given to you by the college; as I said before the onus is on the applicant to ensure all the information provided is correct.

I have to say that the UKBA are definitely not at fault here. (For a change!)

[baannambua]

It's a bitter pill to swallow. I know it's not UKBA fault, it's just so frustrating because she had done the course. All the certificates and qualifications were there. Just 1 letter has cost me £1000. I will atleast try and see what happens. Thanks for all the information.