Trouble with new KOL. What options do i have?

[arturski]

Hello everyone, hope someone can help me with this situation.

I am a British citizen and married to my wife who is a Colombian Citizen for 2 years who has been living under the spouse permit.

Her permit is running out on 8th of April 2013 and for the last 4 months she has been studying the old book. When I booked the test for this tuesday I found out about the new book and test coming into force today. This was a bit of a shock and obviously some of the responsibility falls on my part for failing to notice the change however 3 months is not enough in my view considering the book has been published only in December.

I have now re-booked the test giving my wife 2 weeks to learn everything and 2 days to submit the application.

All our documents are in order, we have lots of proof that we live together along with other requirements and also have a joint mortgage, but I wanted to know what our options were in a worst case scenario where she doesn't pass the test 1st time around.

Are we able to apply for an extension or defer the application?

Any suggestions would be much appreciated. Thank you very much in advance!

[vinny]

If she doesn't pass KOL in-time, then she should apply for FLR(M) (documents required) before her leave expires.

After she passes KOL, she may apply for (or vary the undecided FLR(M) application to) SET(M).

[arturski]

thank you for the information vinny, also very helpful links

if we do apply for an extension using the FLR(M) form, will my wife be subject to the new rules they are bringing out about the time you must be under the spouce visa before applying for ILR? i.e 5 year term or will she still be treated under the old rules because our initial application was made in 2011?

also another quick question, is there any indication that the rules of varying an application will change after april? as the current rules state that they may only charge you for the difference of application

[vinny]

Old rules.
Don't know.

[arturski]

Hello,

Just a quick follow up question regarding the extension application and the required documents.

When we applied initially we had to do a an english exam to show her level of english was appropriate. Can we just reuse the same certificate?

Regards

[vinny]

Hello,

We just did an FLR(M) extension application for my wife (with your help by the way thank you ) to give her more time to pass the KOL.

In the application form, the category that we applied for implies that the reason for the extension is to gain the KOL qualification so I have 2 questions which I am not really clear on.

Is the period of extension up to their discretion or is it for a further 2 years?

Will we have to wait until 28 days before the end of that period in order to apply for ILR or on the count of it being an extension we can apply at any time?

Thank you in advance

[vinny]

Is the period of extension up to their discretion or is it for a further 2 years?

Yes (285).

Will we have to wait until 28 days before the end of that period in order to apply for ILR or on the count of it being an extension we can apply at any time?

Any time when 288 is satisfied.