FLR, ILR, Life in UK Test and B1 Level English

[Rob180]

A few queries if someone could advise please............

1. Is the requirement for B1 English and Life in UK Test only applicable to ILR applications? If so, does this mean there are no further English requirements etc for FLR?

2. What are the rules for applying for FLR regarding timescales? I know the initial settlement visa is for 33 months, but when should an FLR application be made? Does the applicant have to have been in UK for 30 months before they can apply? If so, what happens if someone comes here initially 2 or 3 months say after the initial entry visa is granted? Or does that not have any bearing on FLR applications? Also, is there some rule about how many weeks you can be out the UK abroad during these 30 months?

3. What sort of evidence will be needed for FLR? Will they want proof of joint utility bills etc etc or anything sinilar?

Many thanks.

[7by7]

1. The language requirement for FLR is the same as for the initial visa; A1 or the equivalent in English speaking and listening (unless exempt). UKVI have confirmed that the same pass can be used for FLR as was used for the initial visa, even if the pass certificate has .expired; see the update at the foot of this post.

The requirement for both ILR and naturalisation is passing the LitUK test and obtaining B1 or the equivalent in speaking and listening (unless exempt). Again the same pass certificates can be used for naturalisation as used for ILR, even if they have expired.

2. The initial visa will be valid for 33 months and the residential requirement for ILR is 5 years.

In most cases people will apply for FLR after they have been resident in the UK for 30 months and then ILR 30 months after that. The extra 3 months on the initial visa is to allow them time to settle their affairs after receiving the visa and before moving to the UK and still be able to meet this timescale.

However, if they delay their initial entry to the UK for more than 3 months then their initial visa will expire before they have lived in the UK for 30 months. In which case they will need to apply for FLR when or before it does expire or they will be in the UK illegally.

That FLR will be for a further 30 months, so will expire before they have lived in the UK for the five years to qualify for ILR. So they will need to make another FLR application to cover the missing time.

They can then apply for ILR once they meet the 5 years residential requirement, provided they meet all the other requirements, or they can wait until this second FLR expires and apply then. I'd recommend the former; if only to avoid the annual increases in application fees and any possible increases in the financial requirement.

To sum up; if someone delays their initial entrance to the UK for more than 3 months it is no big deal really; except that they will need to make, and pay for, two FLR applications instead of just one.

There is no specific limit on the amount of time allowed outside the UK whilst qualifying for both FLR and ILR. However, in each application they need to show that they are a UK resident and have been for the whole 30 months; which may be difficult to do if the majority of the preceding 30 months has been spent outside the UK! But each case is treated on it's own merits and the reasons for lengthy stays out of the UK will be taken into consideration; e.g. accompanying British spouse on an overseas posting.

But the applicant must be in the UK when they apply.

3. For the required documents to show that the financial requirement is met, evidence of relationship etc. see Application to extend stay in the UK as a partner: form FLR(M)

For the ILR application when the time comes, see Application to settle in the UK: form SET(M).

Note that for both the required documents vary dependant upon the applicant's circumstances, so read the forms and guidance carefully.

[Rob180]

Many thanks 7by7 for that very comprehensive reply!

cheers