UK Spouse Visa Extension (Completion of FLR(M) Form)

[Insight]

Hi,

My wife is currently in the process of requesting and extension of her UK Spouse Visa. Her original Spouse visa was obtain around Dec 2012 (just after the new rules specifying financial requirement were put in place). Two questions have come up so far -

a) When she obtained her original Spouse Visa she was required to obtain a TOEIC certificate. As far as I understand, this certificate will now no longer be accepted to expend her visa. Is this correct? If so, I guess she'll need to complete an English language exam while here in the UK? I understand the Trinity GESE Grade 5 exam is the best option as this could also be used for when applying for ILR?

The form asks if she has a Biometric Residence Permit in section 9.1. She hasn't been issued one previously. If we state that she presently doesn't have one will she then be invited to obtain one via the local Post Office after the application form has been submitted, or should be take steps to obtaining one before submitting the form? If we should take are own steps to obtain one, what are they? I couldn't find the process on the gov.uk website.

Any confirmation that could be provided on the above two areas would be hugely appreciated. Let me know if any more info is required. Thanks in advance.

[durhamboy]

1. My wife has Bulats and, whilst that is now not on the approved list, it will still be accepted.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/419920/Appendix_FM_Section_1_21.pdf

Under paragraph 32D of Appendix FM-SE if an applicant under the partner or parent routes submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decision-maker may accept that certificate or result as valid if it is:

(a) from a provider which is no longer approved, or

b. from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or

© from a test centre which is no longer approved, or

(d) past its validity date (if a validity date is required under Appendix O),

provided that when the subsequent application is made:

(i) the applicant has had continuous leave (disregarding any period of overstaying of no more than 28 days) as a partner or parent since the Home Office accepted the test certificate as valid; and

2. the award to the applicant does not fall within the circumstances set out in paragraph 32B of Appendix FM-SE.

The problem is that your wife has TOEIC and that may be classed under para 32B - basically this means that because TOEIC was struck off because of fraud then they may not be accepted. Yours is the first case I have personally come across with this specific query. That surprises me because for at least 6 months people have been applying for FLR under the new rules and no one has raised the issue. I therefore suspect, although I am by no means sure, that TOEIC is still being accepted. Good luck.

2. BRP - my understanding is that your wife will be sent details of how to get her BRP after your FLR application is submitted.

Edited June 29, 2015 by durhamboy

[Trevor1809]

Has your FLR form got question 6.8 on it? Mine jumps from 6.7 to 6.9 then asks is you answered yes to question 6.8? It was on the older form that I looked at.

[bobrussell]

Many colleges (independent) offer B1 examinations, often with a pre-test preparation session beforehand.

I understand that tests that were acceptable for the initial settlement, continue to be accepted. This is only fair as some exams were stopped for commercial reasons rather than quality. They reserve the right to refuse tests that were considered fraudulent (as seen on Panorama) but how much effort they put into this, I don't know.

Getting B1 under the belt is one worry removed when applying for ILR!

[Insight]

The problem is that your wife has TOEIC and that may be classed under para 32B - basically this means that because TOEIC was struck off because of fraud then they may not be accepted. Yours is the first case I have personally come across with this specific query. That surprises me because for at least 6 months people have been applying for FLR under the new rules and no one has raised the issue. I therefore suspect, although I am by no means sure, that TOEIC is still being accepted. Good luck.

Thanks for providing this info - also believe your assumption is reasonable. However, as another poster as pointed out, taking the B1 should also qualify her for ILR, so may as well get it out the way for this application.

2. BRP - my understanding is that your wife will be sent details of how to get her BRP after your FLR application is submitted.

Good stuff, thanks again.

[Insight]

Getting B1 under the belt is one worry removed when applying for ILR!

Thanks for the post. As just posted, this is also the reasoning we have come to also.