Which UK IIR Form

[malct]

Hi

My Friend is applying for the IIR for his wife and with the change of forms 3 years ago, He needs to know which form he needs to use for his wife.

His then Girlfriend came into the UK on a fiance visa dated 15th Oct 2011 and got married and they applied for a spouse visa in the uk which is dated from the 15th April 2012 and expires on the 15th April 2015.

(Their first spouse visa application was rejected due to his wife having a invalid English test certificate even though at the time sitting the test in Thailand, it was supposed to be valid, and she had to do a test in Manchester in listening and speaking which she passed, On appeal, the UKBA did not turn up and the court overturned the UKBA decision

My friend believes that he comes under the old rules, so he doesn't have to earn the set amount for having a wife and they also have a 2 year old son.

She is having to do the Life in the UK test next week for the Visa.

Regarding her having a 2 year old son, If they did not meet the requirements for the IIR i.e If she did not pass the LITUK, what would their rights be?

I understand that she has been in the UK for 3 years in april which seems a long time with it been a spouse visa, I just wonder if this was extended at the time of appeal or has the rules changed. (My friend doesn't seem to know)

[7by7]

I, too, am confused as under the old rules she should have applied for ILR 24 months after receiving her post marriage FLR.

However, you say she is sitting her LitUK test next week; maybe she obtained a second FLR as she had not done this when her first one expired?

Are she and her husband aware that she needs B1, or the equivalent, in English speaking and listening as well as the LitUK test?

Anyway; if applying for ILR she uses Form SET(M)

If she were to be refused ILR she could, of course, appeal. But if that appeal failed she would have to leave the UK.

Having a British child would not effect that.

Sorry to be vague; but more details are needed, especially about how she's been in the UK on what is normally a 2 year leave to remain for 3 years, to enable more detailed advice

[malct]

Thank you for the Reply 7by7, I will try and get more details tomorrow because how it stands, he thinks that he comes under the old rules and i would hate to think that he comes under the new rules.

I am sure that she has sat the B1 last year if i remember right, She was given a book that she had to fill in and she was asked questions during the test but will check.

Regarding having a British child, People can still be deported, My friend seems to think that she wouldn't but i agree with you 7by7 since it would make a mock of applying for the IIR and everyone would be having babies just to stay in the UK.

[malct]

Just to up-date the confusion

Just spoken to my friend and he explained the following

She came in on a fiance visa on the 15th Oct 2011

​Applied for the spouse visa before 15th April 2012 by post

4 months later, they got a refusal letter and they appealed

​The appeal was in Feb 2013 and the UKBA sent a letter to the court to say that they were withdrawing the refusal.

My friend wife then received her passport with the spouse visa inside dated from 18th April 2013 until 18th April 2015, So the time between the 15th April 2012 until the 18th April 2015, she cant have been on any visa and the UKBA did not back date it to the 15th April 2012.

Given that information, Will she still come under the old rules?

Her husband is receiving tax credits (family tax credits i think), will this effect the application?

She passed her B1 last year in Newcastle and so far she has had 1 fail on the life in the UK.

[7by7]

Got it.

My understanding is that while her appeal was being considered her initial permission to stay in the UK would have been extended pending the result of her appeal; so she would not have been in the UK illegally during that time.

UKBA, as then was, withdrew the refusal and issued her with Further Leave to Remain (not a spouse visa) from 18/4/13, valid for two years until April 2015.

What I fail to understand is why her initial FLR after the expiry of her fiancée visa was refused, assuming they had married by then; it seems to have been a mistake as UKBA subsequently withdrew the refusal; but that's all in the past now.

Because her application for her initial fiancée visa was made before 9/7/12 she comes under the old rules and can apply for ILR using form SET(M) when her current FLR expires, or to be precise, 28 days before that.

But if she hasn't passed her LitUK test by then, I'm afraid she will have to apply for FLR again using form FLR(M)

Her husband claiming tax credits will not effect either application; in fact as these are supposed to be claimed jointly by husband and wife then she could, indeed should, have been included in his claim.

[malct]

Thank you for your Reply 7by7,

Yes they got married within the first 6 months of the fiance visa and then got pregnant and had a child while waiting for the appeal.

He is claiming tax credits for the family,

​Regarding the life in the UK test, They are having to travel to Newcastle from the whitehaven area (approx 200 mile round trip) because Carlisle is so booked up which seems wrong because even though she failed her test 2 weeks ago, you would have thought she could have been able to sit another test within weeks.

Thank you again for your help

Malc