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Extending a 2yr spouse visa

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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AcrossBorders
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Posts: 109
Joined: Mon Aug 29, 2011 2:06 pm

Extending a 2yr spouse visa

Post by AcrossBorders » Tue Jun 03, 2014 1:29 am

Hi All,

My partners 2 year spouse visa was issued under the old rules in Jun 2012 and is expiring in a few months, I can't apply for ILR as she has yet to pass LITUK!

So, if I apply to extend the visa:
a) Will the new visa be for 2.5yrs or 2yrs?
b) Can I apply for ILR under the old rules at any given time or will the new rules apply?

Thanks in advance!

Amber
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United Kingdom

Re: Extending a 2yr spouse visa

Post by Amber » Tue Jun 03, 2014 7:46 am

You should apply for FLR(M) before the current leave expires, leave should be granted under Part 8 of the immigration rules, for 2 years. Once B1 English and LIUK is satisfied s(he) can apply to settle.

If she's got a few months yet, get the LIUK test done!
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WR1
Senior Member
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Joined: Sat Jan 04, 2014 11:08 am

Re: Extending a 2yr spouse visa

Post by WR1 » Tue Jun 03, 2014 1:37 pm

Amber_ wrote:You should apply for FLR(M) before the current leave expires, leave should be granted under Part 8 of the immigration rules, for 2 years. Once B1 English and LIUK is satisfied s(he) can apply to settle.

If she's got a few months yet, get the LIUK test done!
This.

If your partner had the visa granted in June 2014 it would have been issued for 27 months so it won't be expiring until September 2014.

This still gives your partner 3 months. Get the LIUK test done which can be booked in 7 days. Results are given straight after the test same day.

It's unnecessary to apply for FLM as you will be spending several hundreds of pounds on the fee only then to apply for Set (M) and spending over a thousand pounds again.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

AcrossBorders
Member
Posts: 109
Joined: Mon Aug 29, 2011 2:06 pm

Re: Extending a 2yr spouse visa

Post by AcrossBorders » Wed Jun 04, 2014 12:12 am

Thanks Amber_ & WR1 :)

I would love to apply for ILR, unfortunately she has failed it already and i'm trying to bring her up to scratch.

So to clarify, once I've applied for FLR(M) and later satisfied B1 and LITUK I can apply at any given time?

knowing my luck they'll probably bring out a LitUK 4th edition before she passes!

TIA

WR1
Senior Member
Posts: 764
Joined: Sat Jan 04, 2014 11:08 am

Re: Extending a 2yr spouse visa

Post by WR1 » Wed Jun 04, 2014 12:52 pm

AcrossBorders wrote:Thanks Amber_ & WR1 :)

I would love to apply for ILR, unfortunately she has failed it already and i'm trying to bring her up to scratch.

So to clarify, once I've applied for FLR(M) and later satisfied B1 and LITUK I can apply at any given time?

knowing my luck they'll probably bring out a LitUK 4th edition before she passes!

TIA
Yes, if you have applied for FLR(M) and later your spouse satisfies the English level B1 and LIUK, you can apply for SET(M) straight away as you would have already met the conditions of SET(M), no need to wait another 2 years.

I know what you mean about the LIUK test. Its far more difficult than the 1st and 2nd editions, in fact day and night difference. My other half also failed it first time and now giving it a second attempt in a couple of weeks. Luckily, I still have 12 months before applying for SET(M) as it was wise to do these as early as possible.

There is no official information with regards to the 4th edition of the LIUK, but I suspect there will be one if Scotland vote for independence in September as this will be a major change in the UK for a long time that will cause a huge ripple effect.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

SSWSZ
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Location: uk

Re: Extending a 2yr spouse visa

Post by SSWSZ » Wed Jun 04, 2014 10:35 pm

It does not make any diff even if the test change because I pass 2nd edition test in dec 2012 .apply for ILR in feb 2014 and attach the old life in uk test got ILR without any problem and even I confirm from ho that if anyone pass any life in uk test it remains valid for whole life
ss

WR1
Senior Member
Posts: 764
Joined: Sat Jan 04, 2014 11:08 am

Re: Extending a 2yr spouse visa

Post by WR1 » Thu Jun 05, 2014 6:40 pm

SSWSZ wrote:It does not make any diff even if the test change because I pass 2nd edition test in dec 2012 .apply for ILR in feb 2014 and attach the old life in uk test got ILR without any problem and even I confirm from ho that if anyone pass any life in uk test it remains valid for whole life
I think you misread the comment. Any LIUK test is acceptable (I never said otherwise). The point I was making was that the 3rd edition of the LIUK test is harder to pass than the 1st and 2nd editions.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

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