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Urgent Help; visa expiring, can i delay for some days?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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kazimhzaidi
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Urgent Help; visa expiring, can i delay for some days?

Post by kazimhzaidi » Thu May 28, 2015 9:57 am

Hi,

I am applying for ILR on the basis of Long Residency and my current visa is expiring on 29th May 2015 (tomorrow).
I have obtained English Language Certificate from EMD last year, but now my friends are saying EMD certificates are not accepted so I will have to obtain a new certificate from valid awarding body.

Question:
Can I delay my application for couple of weeks because I have to give test and obtain new certificate that will take at least 2 weeks.
Current leave expiring 29th May 2015 can I apply by 15th June 2015? or Can I apply with the EMD certificate and when I get new certificate should i send to Home Office?

Waiting for your quick response.

Sumreen Fatima

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CR001
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Re: Urgent Help; visa expiring, can i delay for some days?

Post by CR001 » Thu May 28, 2015 10:00 am

In this post, you were applying for ILR in December 2013??

http://www.immigrationboards.com/indefi ... ml#p862322

What visa do you currently have?

Do you have UK NARIC for your degree or does it appear on the PBS calculator?

If your test is listing in the link below, you should still be ok. I am not familiar with 'EMD' so don't understand which test you have done.

https://www.gov.uk/government/uploads/s ... tional.pdf
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kazimhzaidi
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Re: Urgent Help; visa expiring, can i delay for some days?

Post by kazimhzaidi » Thu May 28, 2015 10:05 am

I am on PBS dependent Visa, but I am applying on the basis of 10 years long residency.

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Re: Urgent Help; visa expiring, can i delay for some days?

Post by CR001 » Thu May 28, 2015 10:10 am

Can you answer the other questions I have asked and check the link I have provided to see if your test is listed.
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Re: Urgent Help; visa expiring, can i delay for some days?

Post by kazimhzaidi » Thu May 28, 2015 10:19 am

My Current Visa = PBS Dependent Visa

English Language Certificate = ESOL International (Entry 3) (CEFR B1) awarding body EMD Qualifications
but my friend saying EMD is not in OFQUAL register so i will have to obtain new certificate for valid awarding body.

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Re: Urgent Help; visa expiring, can i delay for some days?

Post by kazimhzaidi » Thu May 28, 2015 10:27 am

My test is listed in the list your provided but awarding body is not listed.

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Re: Urgent Help; visa expiring, can i delay for some days?

Post by CR001 » Thu May 28, 2015 10:30 am

I cannot understand why you would have left it to the day before your visa expires to check you meet the requirements for ILR.

You previous post I listed you said you qualified for ILR in December 2013 on long residency basis. Any reason why you did not apply at that time?

I am not sure what to advise, but perhaps an extension of your PBS dep visa might be the safest option until you have passed an approved English test. If the awarding body is not listed then your test won't be accepted as far as I am aware.

Perhaps one of the other mods can advise further.
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Re: Urgent Help; visa expiring, can i delay for some days?

Post by kazimhzaidi » Thu May 28, 2015 10:52 am

Actually I didn't apply in December 2013 when my husband apply for ILR, i remained on PBS TIER 1 Dependent Visa due to some fees issues.
Now I am applying ILR on the basis of Long Residency.
I passed english language certificate on that time EMD awarding body was on OFQUAL Register, but now their registration is finished.

My visa is expiring tomorrow If i dont apply now and wait for 2 weeks to get new certificate, will I be counted as a over stayed?

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Re: Urgent Help; visa expiring, can i delay for some days?

Post by Zee ali » Thu May 28, 2015 11:12 am

kazimhzaidi wrote:Actually I didn't apply in December 2013 when my husband apply for ILR, i remained on PBS TIER 1 Dependent Visa due to some fees issues.
Now I am applying ILR on the basis of Long Residency.
I passed english language certificate on that time EMD awarding body was on OFQUAL Register, but now their registration is finished.

My visa is expiring tomorrow If i dont apply now and wait for 2 weeks to get new certificate, will I be counted as a over stayed?
yes and if refused no right of appeal and if u apply after expiry of visa u cant work legally
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Re: Urgent Help; visa expiring, can i delay for some days?

Post by Zee ali » Thu May 28, 2015 11:16 am

kazimhzaidi wrote:Actually I didn't apply in December 2013 when my husband apply for ILR, i remained on PBS TIER 1 Dependent Visa due to some fees issues.
Now I am applying ILR on the basis of Long Residency.
I passed english language certificate on that time EMD awarding body was on OFQUAL Register, but now their registration is finished.

My visa is expiring tomorrow If i dont apply now and wait for 2 weeks to get new certificate, will I be counted as a over stayed?
Better to apply flr lr u will get 2 years visa and than pass the test and apply for set lr.
I am not an immigration adviser
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Re: Urgent Help; visa expiring, can i delay for some days?

Post by WR1 » Thu May 28, 2015 12:25 pm

Do NOT use the EMD test, it will not be accepted. Its not on the transitional list for the reasons below. You should have kept yourself updated with the latest info with regards to your application, at least a couple of months prior to making the application.

EMD was a test provider that was rigorously removed from the Home Office list for fraud and the cheating scandal exposed that was on the news a while back, along with TOEIC and TOEFL. This is why they are not on the OFQUAL register either.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

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Re: Urgent Help; visa expiring, can i delay for some days?

Post by kazimhzaidi » Thu May 28, 2015 1:33 pm

so what should you suggest?
tomorrow is my last visa day, i have booked another test next week and most probably i will get valid certificate by 15th June 2015.
If i send my application now to remain as a legal and than i get certificate should i send to Home Office. Will Home office accept new certificate while they will be having my application.

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Re: Urgent Help; visa expiring, can i delay for some days?

Post by CR001 » Thu May 28, 2015 2:14 pm

I cannot answer whether what you plan to do will work as there is a section in the Set(LR) form where you have to complete your English test details including SELT reference number, see page 20 of the Set(LR) form

https://www.gov.uk/government/uploads/s ... _04-15.pdf

Is the test you have booked for next week from an approved provider on this updated list which came into effect on 6th April 2015?

https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
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Re: Urgent Help; visa expiring, can i delay for some days?

Post by WR1 » Thu May 28, 2015 2:39 pm

Can't say for certain but one option may be to apply for an extension, in the meantime clear the English B1 test and if application decision is still pending, vary the application to ILR.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

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Re: Urgent Help; visa expiring, can i delay for some days?

Post by CR001 » Thu May 28, 2015 2:41 pm

@WR1, I already suggested that but gosh time is short for this OP. PBS dep ext is expensive and on top of that the surcharge is payable. Not an easy position for the OP to be in.
Char (CR001 not Casa)
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Re: Urgent Help; visa expiring, can i delay for some days?

Post by kazimhzaidi » Thu May 28, 2015 3:33 pm

There is no option left for me except Extension on FLR (LR) than once i get this mean while I will clear English Test From approved Test Bodies effected after 6th April 2015 and than will apply for ILR.

Cost:
FLR (LR) £649
NHS £500

Total cost £1149

Oh my God, its a cost of laziness or may be time isn't good for me.

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