FLR v ILR - Help!

[shaney24]

My husband is from the Philippines and is here with me in the UK. His 27 month spouse visa is due to run out. I'm so confused as to what the requirements are now for getting his ILR. I understand he needs English speaking and listening at B1 level. Is this the same for FLR? Also, does he need to pass his LIUK test for FLR? Sooooo confused........

[7by7]

From what you say, your husband applied for his initial visa before 9th July 2012 and so comes under the old settlement rules.

FLR is Further Leave to Remain; which in your husband's case is an extension of his stay in the UK for a further 2 years.

For this the language requirement is A1 or the equivalent in English speaking and listening.

The pass he used for his initial visa application can be used for this; provided it has not expired (some are only valid for 2 years).

ILR is Indefinite Leave to Remain, and as the name suggests it is valid indefinitely. As he comes under the old rules he can apply for this after living in the UK for 24 months.

Since 28th October 2013 the language requirement for ILR is B1 or the equivalent in English speaking and listening and passing the Life in the UK test. If he doesn't have both his ILR application will be refused even if he meets all the other requirements.

See Completing application form SET(M)

[wasas]

From what you say, your husband applied for his initial visa before 9th July 2012 and so comes under the old settlement rules.

FLR is Further Leave to Remain; which in your husband's case is an extension of his stay in the UK for a further 2 years.

For this the language requirement is A1 or the equivalent in English speaking and listening.

The pass he used for his initial visa application can be used for this; provided it has not expired (some are only valid for 2 years).

ILR is Indefinite Leave to Remain, and as the name suggests it is valid indefinitely. As he comes under the old rules he can apply for this after living in the UK for 24 months.

Since 28th October 2013 the language requirement for ILR is B1 or the equivalent in English speaking and listening and passing the Life in the UK test. If he doesn't have both his ILR application will be refused even if he meets all the other requirements.

See Completing application form SET(M)

your first line says,husband applied for his visa before 9th July 2012, and so comes under the old settlement rules.

Is that correct, My wife applied and recieved her visa on the 20/06/12, and we travelled to the uk on the 22/07/2012, does she come under the old rules?

[7by7]

The new rules came into force for all applications made on and after 09:00 BST, 9th July 2012.

The key being when the application was submitted, not when the visa was issued or when the holder entered the UK.

So, from the dates you have given, she comes under the old rules.

If unsure, have a look at the validity. Under the old rules it will be valid for 27 months; under the new it will be valid for 33 months.

[wasas]

The new rules came into force for all applications made on and after 09:00 BST, 9th July 2012.

The key being when the application was submitted, not when the visa was issued or when the holder entered the UK.

So, from the dates you have given, she comes under the old rules.

If unsure, have a look at the validity. Under the old rules it will be valid for 27 months; under the new it will be valid for 33 months.

Thats great news, you made our year. Wow we thought she came in under the new rules, because there is no way she would have passed that Lituk test.

[well i dont think}

Thanks

[7by7]

Sorry, but your wife does have to pass the LitUK test.

The new rules to which I am referring are the new rules which mean that it now takes 5 years to qualify for ILR, with a FLKR application required after 2.5 years.

From 28th October 2012, the language requirement for ILR is the LitUK test and a B1 pass, or equivalent, in English speaking and listening.

She has until July 2014 in which to do so, otherwise she'll need to make a FLR application until she can.

Apologies for the confusion.

Edited December 16, 2013 by 7by7

[wasas]

Sorry, but your wife does have to pass the LitUK test.

The new rules to which I am referring are the new rules which mean that it now takes 5 years to qualify for ILR, with a FLKR application required after 2.5 years.

From 28th October 2012, the language requirement for ILR is the LitUK test and a B1 pass, or equivalent, in English speaking and listening.

She has until July 2014 in which to do so, otherwise she'll need to make a FLR application until she can.

Apologies for the confusion.

I,m gutted, I know its not your fault, so I think its back to square 1, its FLR for us.

The good news lasted all day, it made me happy on a wet day in England