FLR(M) or FLR(FP)

[shabs100]

Hi,

My wife has the right to stay in the UK under FLR for 10 years before she can apply for ILR. She is in her 4th year and needs to apply for an extension however I am confused as to what document I need to fill in for the extension: FLR(M) or FLR(FP) - can someone please advise?

Secondly, Does she need to retake her english test to apply for either of the above? She currently holds an English Level B2 test certificate which is now expired - will she need to do this again?

Thanks for your help in advance.

Kind Regards,
Shabs

[CR001]

Didn't you apply for ILR on Set(M) for your wife in October 2013?

http://www.immigrationboards.com/indefi ... ml#p931935

[shabs100]

I did initially try to apply for ILR, but the test centre didn't allow her to take the 'Life in the UK test' as we could not provide the specific prerequisite documents they required (council tax bill, bank statement etc, in her name); I am the sole income earner and (at the time) were living with family and therefore did not have anything registered in her name (except doctors surgery and NHS letters).

We then submitted to apply for FLR(M) after passing the English B2 test which they rejected due to late submission. However, they allowed her to stay in the UK as we had 2 children (now 3) with the added caveat that we cannot apply for ILR for at least 10 years and also must renew the VISA every 3 years.

This thereby brings me back to the original questions in my earlier post:

1) Do we renew via FLR(M) or FLR(FP)?
2) Do we need to redo the english language test?

ANy help would be greatly appreciated.

Thanks,
Shabs

[shabs100]

Any help in this please?

Thanks,
Shabs

[Casa]

FLR(FP). Unless your wife is on the 'child route' it appears that the English language test is not required at this stage. See point 23 in this link:
https://www.gov.uk/government/uploads/s ... t_2015.pdf

[shabs100]

Thanks for your response. Please confirm how I can determine if my wife is on the child route?

Kind Regards,
Shabs

[Casa]

Do you still have the HO notification that she was being granted FLR(FP)?

[shabs100]

I do.

I'll take a look and get back to you.

Thanks Casa.

Kind Regards,
Shabs

[shabs100]

So I reviewed the letter from HO and it states that my wife has been granted leave under the following:

D-LTRP.1.2 of Appendix FM: If the applicant meets the requirements in paragraph R-LTRP.1.1.(a), (b) and (d) for limited leave to remain as a partner they will be granted leave to remain for a period not exceeding 30 months and subject to a condition of no recourse to public funds unless the Secretary of State deems such recourse to be appropriate, and they will be eligible to apply for settlement after a continuous period of at least 120 months with such leave, with limited leave as a partner under paragraph D-LTRP.1.1., or in the UK with entry clearance as a partner under paragraph D-ECP1.1. (excluding in all cases any period of entry clearance or limited leave as a fiancé(e) or proposed civil partner), or, if paragraph E-LTRP.1.11. applies, the applicant will be granted limited leave for a period not exceeding 6 months and subject to a condition of no recourse to public funds and a prohibition on employment.

It was further added:

We are satisfied from the information you have provided that you meet the relevant eligibility and suitability requirements and you have a parental relationship with a child and it is not reasonable to expect that child to leave the UK.

Can you please confirm:

1) Based on the above immigration law, do I still apply under FLR(FP)?

2) Do I need to retake the English language test (as the one she took a few years ago has now expired)?

Many thanks for your help.

Kind Regards,
Shabs