UK Settlement: English level unachievable

[JonnyReece]

Hi all

Always a useful forum so hoping to find more advice.

We want to apply for settlement (2 year route) but it is unlikely that my wife will achieve the B1 English level required. We have everything else but the English level is not there without further study and we've run out of time.

Is this the coffin in the nail for Settlement? Is there anyway mitigation can be considered (she is a full time mother to twins and we can't afford childcare)? Do other options exist - I read that we could extend the spouse visa if ineligible for Settlement?

Naturally, we're striving to keep our family together and in the UK as a priority but fear for the consequences.

Thanks in advance

JR

[nidnew]

you can apply for further leave to remain (flr)

[JonnyReece]

you can apply for further leave to remain (flr)

Thanks, what does that entail?

[nidnew]

hope this helps https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/336887/FLR_M__07-14.pdf

[durhamboy]

I sympathise with the OP's situation. B1 level is a lot harder to pass than A1. Even A1 is not as easy as some people say.

I can see a lot more posts about this in the future. Those that do not meet the standard will have to fork out another c.£600 every 2 1/2 years for FLR.

Beware that the government might at some point limit the number of times FLR can be granted. Hasn't happened yet thankfully.

[7by7]

hope this helps https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/336887/FLR_M__07-14.pdf

That's the application form.

See also Apply to remain in the UK with family.

With respect, B1 is not particularly difficult; especially if using English to communicate with people everyday.

"Speaking and listening: Can express opinions on abstract/cultural matters in a limited way or offer advice within a known area, and understand instructions or public announcements." ( Source)

Most people find studying for the LitUK test, which requires reading and writing, to be harder.

Is it not possible for her to enrol on an evening English course?

Do you not have any friends or family who can look after the twins while she attends classes, evening or during the day, if you are unable to?

At the moment there is no limit to the number of times one can apply for FLR. But as durhamboy says, this may very well change. Both the previous government and this one have looked at imposing a limit on the number of times one can apply for FLR, precisely to stop people from regularly applying for it rather than meeting the language or other requirements for ILR.

[nidnew]

b1 exam lasts about 10 mins the wife said it not to difficult but at £130 not cheap for 10 min exam

[JonnyReece]

To be fair most of this is down to timing and wanting to do the best we can. Applying for a route other than settlement is not desirable but taking another shot at it in the future is more realistic.

I think one's ability with another language is dependent on the individual. Despite her fairly decent spoken English and ability to hold a conversation, my wife isn't an academic and doesn't spend as much time writing and reading English as she does speaking and listening. The ability to turn every day occurrences in to constructive arguments is a new thing and to pass would require study. Unfortunately we were a tad nieve with that expectation and here we are as a result. Believe it or not, Life in the UK is proving a relatively easy study for her.

We plan to take stock and go again but appreciate the help afforded in the responses.

Out of interest, reading the guidance I'm not clear on the submission deadline. Is it by a month before expiry? Within a month before expiry? Or any time after the initial 2 years?

Thanks again

[7by7]

The earliest she can apply is 28 days before her current visa or leave to remain expires.

The latest is the day it does expire.