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advice help explain needed please.

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alial575
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Joined: Fri Aug 27, 2010 3:51 am

advice help explain needed please.

Post by alial575 » Sat Jul 30, 2016 3:22 pm

dear all
many thanks and appreciation for any advice,help and explanation..
long story cut short,background
my wife granted spouse visa on 12/2011,enter the uk on 10/2012,on 2014 applied for visa extend flr(m), this been refused
as result of the esol certificate not accepted (collage not approved by the secretary of state),consideration has been given under
appendix fm ex.1,meet all the requirements of r-ltrp1.1(a)(b)and (d) .. 30 months granted and its valid untill 12/2016.
-im british
-3 kids age 6,4 and 3 are all british (all our kids)
-wee daughter unfortunately diagnosed with disability..
-leave to remain with work permission written on the resident card.
-soon will take life in the uk test and b1 test.
my questions:
1-if pass both test,can apply for definite leave to remain?
2-if not pass the tests..what is the next step on how to apply for extened visa?
3-which form must be used for the extend visa?

many many thnx.

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Casa
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Re: advice help explain needed please.

Post by Casa » Sat Jul 30, 2016 3:24 pm

Why was your wife unable to apply for ILR in 2014?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Wanderer
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Posts: 10511
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Ireland

Re: advice help explain needed please.

Post by Wanderer » Sat Jul 30, 2016 3:25 pm

Why do you need to take KOL and Language test if you are already British?
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Re: advice help explain needed please.

Post by Casa » Sat Jul 30, 2016 3:29 pm

Wanderer wrote:Why do you need to take KOL and Language test if you are already British?
The application is for the wife Wanderer. Try to keep up. :wink:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

alial575
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Posts: 10
Joined: Fri Aug 27, 2010 3:51 am

Re: advice help explain needed please.

Post by alial575 » Sat Jul 30, 2016 3:32 pm

dear..many thnx for the reply..appreciated.
Why was your wife unable to apply for ILR in 2014?
time of residency in the uk was less than asking period of time which is 2 years..was in uk for 1.7 months.thnx

..im british and our 3 kids are british,my wife is not.. im asking here on her behalf..thnx

mizer
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Re: advice help explain needed please.

Post by mizer » Sat Jul 30, 2016 3:46 pm

my wife granted spouse visa on 12/2011,enter the uk on 10/2012,on 2014 applied for visa extend flr(m), this been refused
as result of the esol certificate not accepted
(collage not approved by the secretary of state)
sorry for the irrelevant question to you but my wife is about to apply for flr(m) with old used esol certificate


did your wife used the esol certificate on the first time she applied for spouse visa or any previous successful application before been refused on her flr(m) on 2014?
Last edited by mizer on Sat Jul 30, 2016 3:49 pm, edited 1 time in total.

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Casa
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Re: advice help explain needed please.

Post by Casa » Sat Jul 30, 2016 3:48 pm

If your wife is able to pass B1 level English and the Life in the UK test, I believe she should be able to apply for ILR.
Was she granted FLR(FP)?
From October of this year A2 level English will be required for an FLR(M) extension.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

alial575
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Posts: 10
Joined: Fri Aug 27, 2010 3:51 am

Re: advice help explain needed please.

Post by alial575 » Sat Jul 30, 2016 3:53 pm

esol certificate used for the extend visa as it is 1 of the requirements for flr(M) application,2011 when applied for spouse visa no English language required at that time.thnx

alial575
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Posts: 10
Joined: Fri Aug 27, 2010 3:51 am

Re: advice help explain needed please.

Post by alial575 » Sat Jul 30, 2016 4:04 pm

by Casa » Sat Jul 30, 2016 2:48 pm

If your wife is able to pass B1 level English and the Life in the UK test, I believe she should be able to apply for ILR.
Was she granted FLR(FP)?
From October of this year A2 level English will be required for an FLR(M) extension.

many thnx casa...
that would be great news for us ..we are really confused on what to do and which direction can we go..
wife working too hard to get life in the uk and b1 test pass..

ho granted leave with the immigration rules under D-LTRP.1.2 Appendix FM..I dont know if this granted vis is FLR(FP) or not...thnx

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Casa
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Re: advice help explain needed please.

Post by Casa » Sat Jul 30, 2016 4:27 pm

It appears that your wife was granted FLR(FP). If she is unable to meet the English language rules for ILR, she can switch to FLR(M) assuming you are able to show £18,600 p.a minimum income (this can be joint) unless you are claiming carers allowance for your daughter who has a disability. If the latter, you would only have to meet the adequate maintenance requirement. From October, your wife will have to pass the A2 level English test from a Home Office approved provider.
https://www.gov.uk/government/uploads/s ... entres.pdf

It would make sense however for your wife to strive to pass B1 level English and the LIUK test if she wants to be free of immigration control.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

alial575
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Posts: 10
Joined: Fri Aug 27, 2010 3:51 am

Re: advice help explain needed please.

Post by alial575 » Sat Jul 30, 2016 4:44 pm

Casa wrote:It appears that your wife was granted FLR(FP). If she is unable to meet the English language rules for ILR, she can switch to FLR(M) assuming you are able to show £18,600 p.a minimum income (this can be joint) unless you are claiming carers allowance for your daughter who has a disability. If the latter, you would only have to meet the adequate maintenance requirement. From October, your wife will have to pass the A2 level English test from a Home Office approved provider.
https://www.gov.uk/government/uploads/s ... entres.pdf

It would make sense however for your wife to strive to pass B1 level English and the LIUK test if she wants to be free of immigration control.
dear casa..many many thnx for the help advice and explanation.. really appreciated
-i have not apply for the carers allowance..we have no idea about disability benefit..we have been advised by daughters doctor to apply for disability benefit for my daughter as we have no clue about that..she is entitle for benefit since 2/2016..but no application made..
wife very happy now when you advised to pass b1 and life test to be free of immigration restriction..
thnax again dear casa ...

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Casa
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Re: advice help explain needed please.

Post by Casa » Sat Jul 30, 2016 4:50 pm

One tip which may help your wife with the LIUK test if she finds the spoken word easier than the written one (which is common)...she can listen to the questions through headphones during the test.
Do look into claiming disability benefit for your daughter as the doctor has advised. Your local Citizens Advice Bureau (CAB) should be able to help you with the forms.
Also are you aware that you can claim Working Tax Credit & Child Tax Credit if you are on a low income? If you claim these in JOINT NAMES if won't affect your wife's visa applications. Claim Child Benefit in your name only.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

alial575
Newly Registered
Posts: 10
Joined: Fri Aug 27, 2010 3:51 am

Re: advice help explain needed please.

Post by alial575 » Sat Jul 30, 2016 4:59 pm

Casa wrote:One tip which may help your wife with the LIUK test if she finds the spoken word easier than the written one (which is common)...she can listen to the questions through headphones during the test.
Do look into claiming disability benefit for your daughter as the doctor has advised. Your local Citizens Advice Bureau (CAB) should be able to help you with the forms.
Also are you aware that you can claim Working Tax Credit & Child Tax Credit if you are on a low income? If you claim these in JOINT NAMES if won't affect your wife's visa applications. Claim Child Benefit in your name only.
many thnx dear casa...
great tip for the test..will pass that to my wife.
will sort it for my wee daughter benefit.
thnx for your time and really appreciate all what you offered for help..

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Casa
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Re: advice help explain needed please.

Post by Casa » Sat Jul 30, 2016 5:02 pm

You're very welcome.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: advice help explain needed please.

Post by Wanderer » Sat Jul 30, 2016 8:06 pm

Casa wrote:
Wanderer wrote:Why do you need to take KOL and Language test if you are already British?
The application is for the wife Wanderer. Try to keep up. :wink:
But, but......!!
-im british
-im british
-3 kids age 6,4 and 3 are all british (all our kids)
-wee daughter unfortunately diagnosed with disability..
-leave to remain with work permission written on the resident card.
-soon will take life in the uk test and b1 test.
my questions:
1-if pass both test,can apply for definite leave to remain?
An chéad stad eile Stáisiún Uí Chonghaile....

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