UK Settlement Visa Process Question

[Ch23]

Hi,

Just a quick UK Settlement visa question.

My wife received her settlement visa on the 15/07/14, it took a few months before she was able to travel but she arrived in the UK 08/12/14. Please could someone confirm the next few steps to ILR. As I understand she has to wait until the 30th month of her visa to apply to extend it. This extension is valid for a further 26 months. After 5 years (60 months) in the UK she is then able to apply for ILR.

Questions:

- Is this correct? If this is true are two extensions needed?

- The UKBA website seems to describe the 'extension' process and FLR differently, but to me they seem the same. Are they different things?

- Can someone confirm if a valid English language test is required for the extension process? My wife's English test that she took in Thai will expire soon.

- If any has some good tips of evidence to keep a record of to make the future application process easier advice is welcome.

Thanks,

CH23

[7by7]

The usual process for a spouse/partner is :

• initial visa; valid for 33 months;
• FLR after 30 months in UK, which will be valid for 30 months;
• ILR 30 months after FLR.

However, because your wife delayed her travel for more than 3 months after the issue of her initial visa, that visa will expire before she has lived in the UK for 30 months. To remain legally in the UK she will need to apply for FLR when or before her intial visa expires.

See Apply to remain in the UK with family

But that FLR will only be valid for 30 months, so when it expires she will not have lived in the UK for the 5 years necessary to qualify for ILR and so will have to make, and pay for, another FLR application to cover the gap.

This, too, will be valid for 30 months, but she can apply for ILR anytime between the fifth anniversary of her first arrival with her initial visa and the expiry of this second FLR; assuming all the other requirements are met, of course.

See Apply to settle in the UK

At present, English test she used for her initial visa can be used for any future FLR application; but watch this space as that may change.

She will need a higher pass in English speaking and listening from an approved provider for ILR, so unless she achieved that grade initially she will need to take a new test for that, and also pass the LitUK test.

For FLR and ILR applications she will need to provide letters addressed to you each individually or both jointly to show that you have been living together for the full period; so start collecting them.

See under 'Your relationship' in Section 13 of form FLR(M) for some examples.

Edited July 17, 2015 by 7by7

[Ch23]

Thanks. Somehow i knew you would know. I read design codes which are purposely vague all day for a living but the uk gov website really trumps them for sending you in circles. Sometimes its just easier to ask someone with experience.

Cheers

[durhamboy]

Ch23, 7by7 says above "At present, English test she used for her initial visa can be used for any future FLR application; but watch this space as that may change."

This is basically correct however if she has a certificate from TOEIC then that may be a problem. This is because TOEIC was struck off for reasons of fraud (as exposed on the Panorama programme about a year ago). To my knowledge no one has been denied FLR by having a TOEIC certificate but, then again, I don't know anyone who has had their TOEIC cert accepted. Other providers (e.g. BULATS) are acceptable even if struck-off and/or expired.

[bobrussell]

It has been stated that TOEIC will remain valid for applications (would struggle to find the original statement though) as long as it is not considered to have been acquired fraudulently.

My advice would still be to work towards passing B1 anyway as it will be required later and is not too challenging for anyone able to carry out a reasonable conversation in English. Most Thais seem happy (or perhaps have little option) to integrate, speak the language and this should make B1 straight forward.

[Ch23]

Ok thanks. Tbh i have looked for an official nod that expired certificates will still remain valid but havent found one yet. But im sure your right. She passed the Bulats test at A1 (writing dragged her grade down) but shes been going to college since she got here so should be ok.