UK FLR, English Test and Fast Track

[Trevor1809]

I need to start planning my wife's FLR visa. Her 2.5 years expires on the 15 July this year so I understand she can apply 28 days before and I make that the 17 June. Her passport expires between those 2 dates so she intends to go to Thailand to renew her passport before making the application.

What happens if she doesn't submit the application by the 15 July?

She got her settlement visa based on a Bulats test and I understand that is no longer accepted. What test does she now have to take?

We had hoped to travel in August or September but I am assuming that the FLR will take months to approve. I read about a fast track application done in person, is that still available and how soon can that be arranged after submitting the application and the cost?

[7by7]

The residential qualification for FLR is 30 months and, as you rightly say, the earliest she can apply is 28 days before the date she will have been living in the UK for 30 months. The visa, though, is valid for 33 months, and the latest she can apply is the date it actually expires.

Once her application is submitted her leave to remain in the UK will be automatically extended until a decision is made; so it does not matter if her visa expires between submitting the application and receiving her FLR.

If she has not applied for her FLR before her current visa expires then one of two things, depending on whether she is in the UK at that time or not.

• If she is in the UK she will be so illegally.
• If she is in Thailand, or anywhere else outside the UK, she will be unable to enter the UK unless she first obtains the appropriate visa. If coming back to live then this would mean a settlement visa and starting the whole process all over again.

Any English test on the list of approved providers is acceptable. All local education authorities will have colleges where she can take at least one of these tests, so check with yours.

She can apply for FLR in person for a same day decision; the cost is £1001 as opposed to the £601 fee for applying by post. But if applying by post UKVI will hold onto her passport until a decision has been made. Which they say will take no more than 8 weeks, but I know of cases where it's taken longer; and to be fair, much shorter. Up to you if you want to pay the extra £400 for a same day decision.

See Apply to remain in the UK with family and form FLR(M) and guidance.

For applying in person, see Visa premium service centres

Another factor to consider is that she will need to have her biometrics taken for her biometric residence permit. If applying by post she will be sent a letter telling her to make an appointment for this at a post office which provides the service (she can't do this until she's received the letter). If applying in person this will be done at the VPSC on the day.

If the sole reason for travelling to Thailand before July is to renew her passport, why not do it at the RTE in London instead? Her application will be sent to Thailand, but my wife renewed hers there last year and, although the website says it will take at least 2 months, her new passport arrived after 3 weeks.

How to apply in English

How to apply in Thai

Note that she will need to attend the embassy in person to have her biometrics taken.

Edited January 13, 2015 by 7by7

[durhamboy]

Regarding her English test it seems that the Home Office are prepared to accept a BULATS test certificate IF THEY HAD ACCEPTED IT PREVIOUSLY.

Seeing as your wife submitted a BULATS pass for her initial settlement visa then this should still be acceptable for her FLR regardless of the fact that the validity (2 years) has expired and regardless of the fact that BULATS have been struck-off the approved list of test providers.

This is being referred to as a Section 32D clarification of the rules by the Home Office.

You can find more details of this in a topic I started near the end of November 2014. I think entitled "Acceptance of Struck Off English Tests for FLR"

As your wife may be one of the first to apply using this Section 32D then please let us know how you get on. Thanks

[Trevor1809]

I don't wont to over complicate the FLR application and taking a new test seemed to be more straight forward, even if it has cost an additional £145. That is money for old rope. £145 for a 10 minute test but she now has a Trinity certificate.

On the latest application date I am not expecting to exceed it but given how difficult it was to get the settlement application done I was expecting the same with the FLR. Having looked at the form whilst there are some wildly ambiguous questions it doesn't look too bad.

I have a few months to address the ambiguity.

If the FLR is being turned around in 8 weeks then it might not be worth considering the fast track route. I just have nightmares about the FLR being the same as the settlement process.

I will post my visa form questions seperately as I am sure other people found the questions ambiguous and I want this to go smoothly.

[RAZZELL]

To be honest much easier getting it done the same day if you have the £.

I know of one person who waited over 6 months to get her passport returned and missed a holiday.

RAZZ

[wooloomooloo]

We opted for the personal appearance at Croydon PEO for my wife's ILR application. Was a big hit to the pocket but was minded of my wife being without her passport in case of emergency.

For my wife's citizenship application we employed the checking service at the county council so that her passport was returned same day also.

My wife has been without her Thai passport twice in the last five years and that was for her settlement visa application, and she didn't need it then, anyway. The other time was for her UK provisional driving licence application and her passport was returned within five days.