Need some advice Urgently!!!

[hyounis]

My wife came to the UK on a spouse Visa in November 2011. We have since been trying to get her onto the Esol course for a college near us so that she can go there without any issues as she is not able to travel long distance on her own using public transport. Also I have work commitments therefore I would be unable to take her.

The college has ensured us that she will get a place however she is still on the waiting list. To cut the long story we've just realized her Visa has expired and she has overstayed by two months. Would this cause an issue?

I've read she need to extend her visa as ILR is out of the question for the time being. Does she need to meet the English language requirements for her visa to be extended?

Please advise on what our options are.

Thanks.

[vinny]

Do not attempt to extend (284(iv) and transitional provisions and E-LTRP.2.2 fail).

Apply (by post) for SET(M) as soon as she is eligible (KOLL and adequate accommodation and maintenance, etc., required).

[hyounis]

Hi

Thank you for your reply.

Does my wife need to apply for FLRM in the meantime till she meets the KOLL requirements and does FLRM require her to meet the KOLL requirements first?

Her Visa has expired and I'm not sure what we should do.

[Amber]

No do not apply for FLR(M) it'll be refused, unless you'd apply within 28 days of the leave expiring.

[hyounis]

Is there anything we can do in the meantime apart from applying for SETM?

I was planning on a holiday later this year but my wife will not be able to go on an expired Visa.

[lynxukauq]

What you can do in the mean time is to stop thinking about holidays and focus on sorting out your spouse immigration status.

Follow the advice given by Vinny and Amber and make this a TOP priority.

Take time off from your workplace, take her to a different college to get the English Language test done and send the SET (M) application along with required documentation by post ASAP.

[Wanderer]

What you can do in the mean time is to stop thinking about holidays and focus on sorting out your spouse immigration status.

Follow the advice given by Vinny and Amber and make this a TOP priority.

Take time off from your workplace, take her to a different college to get the English Language test done and send the SET (M) application along with required documentation by post ASAP.

+1

The longer this drags on the more difficult it will be.

[hyounis]

In regards to applying for ILR. Does my wife need to do Esol qualification or does she need to do Life in the Uk test as well? I'm a little confused on this as I was told under the old rules its just Esol speaking and listing and under new rules its both. I've looked at the SETM application form and you just tick what you have achieved and no mention of exemption under the old rules.

Please can you clarify.

[lynxukauq]

Unfortunately the requirements changed (click) on 28 October 2013.

You will have to now meet both knowledge of language and LIUK requirement unless exempted (click).

[hyounis]

Thank you all for your input, the information you have provided has been very valuable to me.

The only issue I have now is, once my wife passes the KOLL requirements we will be stuck with providing proof of cohabitation since all correspondence is on my name. It didn't occur to me this was required. My wife only has a few letters from NHS since she arrived and a few from the College regarding her being on the waiting list for Esol classes.

I think we will come to a dead end again but will cross that bridge when we get there.

[hyounis]

I enquired about esol classes at one centre and was told that Esol course with citizenship is no longer taught as the requirements have changed. I was told those who's english is below entry level must do B1 and then sit the life in the UK test.

Online most colleges are still advertising esol with Citizenship course for those with not so good english and life in the Uk test for only highly skilled migrants. Can anyone confirm which is true for those who do not speak good english?

Thanks.

[Casa]

BI and the Life in the UK Test.

[hyounis]

Thank you.