FLR(M) refused but limited Leave Granted

[INH]

Hi, Just looking for some advice, I am to blame for the situation that we are in. I applied for my wifes FLR(M) in FEB 2013 before spouse visa expired, beacuse she came to UK late (birth of child). I only supplied Life in UK test certificate rather than English Test certificate, so on 12/04/13 case worker rightly refused FLR as partner but granted limited leave for 30 months due to our second child born in UK in dec 2012, my wife will not be able to apply for Indefinate Leave until she has spent 10 years in uk, so until than, we will have apply for Limited leave every 30 month until 120 months spent in UK.
Does my wife still has to get English Test certificate before applying for another 30 months limited visa in 2015?
What form will we use to apply for extension every 30 months?
Thanks

[Prince74]

Hi, Just looking for some advice, I am to blame for the situation that we are in. I applied for my wifes FLR(M) in FEB 2013 before spouse visa expired, beacuse she came to UK late (birth of child). I only supplied Life in UK test certificate rather than English Test certificate, so on 12/04/13 case worker rightly refused FLR as partner but granted limited leave for 30 months due to our second child born in UK in dec 2012, my wife will not be able to apply for Indefinate Leave until she has spent 10 years in uk, so until than, we will have apply for Limited leave every 30 month until 120 months spent in UK.
Does my wife still has to get English Test certificate before applying for another 30 months limited visa in 2015?
What form will we use to apply for extension every 30 months?
Thanks

Did she come to the UK with a 2 year spouse visa? She may be able to apply for ILR once she has passed the relevant English language test and completed 2 years in the UK, assuming she came under the previous 2 years spouse visa rule. She was granted 30 months as opposed to refusing the application outrightly so as to enable her fulfil the requirements before applying for ILR.

[INH]

Yes she came to UK on spouse visa. I rang Home office to ask if my wife still needs to pass English Test now as she will have to wait 10 years before applying for ILR, response was NO, so i asked what form/documents do we have to fill in to apply for extension, her response was ring back closer to time and we will tell you what form she need to fill in...

[Prince74]

Yes she came to UK on spouse visa. I rang Home office to ask if my wife still needs to pass English Test now as she will have to wait 10 years before applying for ILR, response was NO, so i asked what form/documents do we have to fill in to apply for extension, her response was ring back closer to time and we will tell you what form she need to fill in...

You are asking the wrong people, they don't know a thing except answering the phones. They are not the best people to ask!

[INH]

lol... true say.

[aakkoo]

I am exactly in the same situation. I received my wife documents today with FLR m refusal but granted extendable 30 months visa and after 10 years qualifying for settlement. My wife came on PBS Tier 1 dependent visa on 19 jan 2012 and applied for Flr m on 21 March 2014.
I was hoping after getting flr m I will apply for set m straight away. Now want to know I have to wait for 10 years to apply for settlement or is there any other way to apply for settlement quicker.

[john108]

What is the reason for rejection?

[aakkoo]

Initial FLR(M) refused bcoz of English certificate not from approved HO list of institute. On refusal letter there were three dates mentioned and i counted from the date mentioned on the secretary of state letter while HO counted from Case Worker refusal letter. Reapplied but HO refused on the basis of one day late then 28 days.

One simple mistake now stuck

[john108]

Why can't you apply FLR(M) again now?

[aakkoo]

Advice from seniors will be much appreciated.

[Amber]

Are you saying you applied after 28 days from the date of refusal of an in time application?

[aakkoo]

Are you saying you applied after 28 days from the date of refusal of an in time application?

Yes.

When they refused initial application they sent two letters with that. One letter with the heading Reason for Refusal Letter which was dated 20th Feb signed by the case worker and other with the heading Notice of Immigration Decision dated 24 Feb signed by on behalf of Secretary of State. I went to Croydon PEO appintment on 20th March for FLR (M) but on reception they refused to take my application saying you can only apply by post bcoz you dont have the passport ( after refusal HO did not returned the passport). So i applied the next day 21st March by post keeping in mind the 24 Feb date of decision.

[Amber]

Do you have proof of postage?

[aakkoo]

Do you have proof of postage?

Yes

[Amber]

Then write back to them and tell them you've applied within 28 days of a decision with a copy of the proof of postage. Ask them to reconsider their decision. Send in another application with it, completed perfectly.

[aakkoo]

Then write back to them and tell them you've applied within 28 days of a decision with a copy of the proof of postage. Ask them to reconsider their decision. Send in another application with it, completed perfectly.

Thanks Amber for the prompt reply. I will ask for reconsideration ASAP. Just want to clear few points before that

1) Can apply SET (M) or only eligible if was granted flr (m)

2) Reconsideration will take time and if rejected any other option as appeal right is not given as well.

3) On current visa Eligible for Settlement only after 10 years and almost four extensions . Any shorter route for settlement.

[Amber]

You need FLR(M) to apply for SET(M). I would wait for their response.

[aakkoo]

You need FLR(M) to apply for SET(M). I would wait for their response.

Amber i just sent you a pm can you please check it and let me know any addition or deletion required. Thx

Much Appreciated.

[Amber]

Alternatively, just apply for FLR(M) now at a PEO as you wife has valid leave, a little more expensive but saves the hassle of waiting for a response from the Home Office.

[aakkoo]

Alternatively, just apply for FLR(M) now at a PEO as you wife has valid leave, a little more expensive but saves the hassle of waiting for a response from the Home Office.

Will be able to apply for settlement straightaway or will have to wait for another five years if flr (M) granted??

[Amber]

If you got them to reconsider to FLR(M) then yes perhaps, however, if you re-applied now, it'd be a new 5 year route. I'd write and ask them to reconsider first.