FLR (M) Requirement

[msvayani]

Hi

I am going to apply ILR under 10 years long residency in the first week of sep 2013.

All I want to know about my spouse visa route. She joined my in November 2009 as PSW Dependend. Now she is T1 General Dependend and visa is valid untill Feb 2016 (we will complete our T1 Gen 5 years in March 2015)

I think I need to apply on FLR (M) for her. Could you please let me know what are the requirements for FLR (M) particularly earning and language requirement (I have 2 childs both born in UK but they will not be included in her application).

1. If I send her application by post before 28th October 2013 (After i receive my application acknowledgement)

2. If I apply for her in person once I get my ILR (hofefully by the end of 2013 or earlier 2014)


All help and advice is much appreciated
Regards

MSV

[Amber]

It will be flr(m) under the old rules part 8.

See flr(m) can I apply?

The October changes relate to settlement set(m) not flr(m), but presumably she'll be applying for set(m) as soon as granted flr(m) using immigration rule 287(a)(I)(d).

If she has a comparable degree which was taught in English she should be ok for flr(m) and for set(m), in addition to the LIUK test or equivalent for set(m).

[msvayani]

Thanks for your Response

It will be flr(m) under the old rules part 8.

See flr(m) can I apply?

I looked through your link but didn't get much information. Please if you can tell me briefly about old rule and how does she fall in it?

The October changes relate to settlement set(m) not flr(m), but presumably she'll be applying for set(m) as soon as granted flr(m) using immigration rule 287(a)(I)(d).

That's what I am planning but I had a word with couple of immigration consultant and they were suggestion to wait 5 years after FLR(M). I insist that she joined me before July 2012 as PBS Dependent but again they were insisting that new rules would apply in her case

If she has a comparable degree which was taught in English she should be ok for flr(m) and for set(m), in addition to the LIUK test or equivalent for set(m).

No she doesn't have degree in English. So even if there isn't any english language requirement for FLR(M) but She will still have to do course for SET (M) (hopefully in early 2014). I don't know which course? Advice plz?

Regards

MSV

[vinny]

The Immigration consultants were incorrect. Your wife is subject to the transitional provisions.

FLR(M) is also subject to English language requirement.

[Amber]

See the transitional guidance (click) at 3.4

Also flr(m) requires English Language as per here (click)

[msvayani]

Applicants who were granted leave to enter or remain as a PBS dependant
before 9 July 2012, whose PBS partner gained indefinite leave to remain on the
basis of long residence can under transitional provisions at A280 (c) apply for
further leave under Part 8 of the Immigration Rules.

When I looked at A280(c) there isn't much.

A280 The following provisions of Part 8 apply in the manner and circumstances specified:

(a) The following paragraphs apply in respect of all applications made under Part 8 and Appendix FM, irrespective of the date of application or decision:

277-280
289AA
295AA
296

????

Regards
MSV

[Amber]

It would help if you quoted the right rule.

(c) The following provisions of Part 8 continue to apply on or after 9 July 2012, and are not subject to any additional requirement listed in

(b) above:

(i) to persons who have made an application before 9 July 2012 under Part 8 which was not decided as at 9 July 2012; and

(ii) to applications made by persons in the UK who have been granted entry clearance or limited leave to enter or remain under Part 8 before 9 July 2012 and where this is a requirement of Part 8, this leave to enter or limited leave to remain is extant:

281-289
289A-289C
290-295
295A-295O
297-316F
317-319
319L-319U
319V-319Y

[Amber]

Hi,

Could any one please help me fulfilling requirement for FLR (M) application under old rules (before 9th July 2012) and New rules. ie for:

1. Earning requirement
2. Any maintenance requirement
3. English Language requirement
4. Cohabitation requirement.

My wife joined me in UK in November 2009 as PSW Dependent. Now I am eligible for ILR under 10 years rule but I want to apply her FLR (M) as well in near future.

Also when is new changes coming for English Language for FLR (M) and SET (M). Is there any single course which fulfills requirement for both.

Regards

MSV

[Amber]

You should be applying for flr(m) as soon as possible as the rules for your spouse may change very soon.

See here (click) for details under Part 8.

[msvayani]

Can u give me a name of English course she should do for both FLR (M) and SET (M)

[Amber]

See the the list of English Language Tests (click).

Does she have a degree taught in English?

[msvayani]

No she doesn't have. But she has passed Life in the UK test already. does it make any differece.

I had a look at list and don't know which one is quick and easier and fulfills both FLR (M) and SET (M) Requirement.. Any advice

[Amber]

The list has not been updated yet for the new B1 requirement. I believe trinity college is offering a combined test however, you're best contacting them.

[opty88]

No she doesn't have. But she has passed Life in the UK test already. does it make any differece.

I had a look at list and don't know which one is quick and easier and fulfills both FLR (M) and SET (M) Requirement.. Any advice

If she has a good grasp of the english language then Cambridge PET will be the quickest and easiest (depending on where you live or if she is willing to travel). It is B1 if she gets 40% and over

[msvayani]

You should be applying for flr(m) as soon as possible as the rules for your spouse may change very soon.

See here (click) for details under Part 8.

Hi any idea what might change as I am thanking to make her application FLR (M) at PEO but obviously it will be done once I get my ILR (Probably at the end of 2013).

or

Should I send her application once I get my ILR acknowledgment letter with reference and use that reference in cover letter to hold up until my application is decided

Please advice

Regards
MSV

[Amber]

Hi

could any body confirm if there is separate requirement of English language for spouse visa, FLR (M) application and ILR on SET (M).

I spoke to college today and they said that for FLR (M) applicant need to achieve A1 level

and

for ILR SET (M) applicant needs to achieve B1 level

and B1 will not be accepted for FLR (M) application though it is higher than A1

Is that ture??

Regards

MSV

[vinny]

If the approved B1 includes listening and speaking, then I think it should be acceptable for FLR(M) too.

SET(M) requires KOL.

[msvayani]

If the approved B1 includes listening and speaking, then I think it should be acceptable for FLR(M) too.

SET(M) requires KOL.

She has already completed her Life in the UK test. Is there any thing else she needs to do for her SET (M)?

[vinny]

If she applies from 28 Oct 2013, then B1 is also required.

[akhan25]

I dont know if im right or not but I read in ukba if some one has one level of english for flrm then they shud have a level above that for set m on 28 oct rule so if ur wife do b1 now she has to do b2 again so if its true then I wud advice to do a1 iys very easy then do b1 again for set m.

[Amber]

You need B1 for settlement after 28-oct-2013 not B2.

[naija99]

Amber

Does any transition period apply for naturalisation applications? For instance if you are due to apply on 7 November but send your application slightly early like 26 October, to avoid sitting the test... I suppose it's likely to be refused, right?

[akhan25]

I know requirememt is b1 but im sure somewhere on guidance notes its does say if some has been allowed on family migration and they had a level of english rhey need to show a bit higher than that for settlement to prove that theey have improved their english so thats why I said that as if aome one do b1 for spouse visa then to show improvement it has to be b2.

[akhan25]

Amber

Does any transition period apply for naturalisation applications? For instance if you are due to apply on 7 November but send your application slightly early like 26 October, to avoid sitting the test... I suppose it's likely to be refused, right?

I presumed no as they clearly say ho shud receieved on 26 as rhey dont recive post on sat and sun. So it has to be 25 for next day delivery.

[Amber]

There is a 21 grace period to use old applications. Remember for immigration applications, the date of application is not when the home office receive the application but when it's posted. So keep proof of postage.