Wife's spouse visa about to expire, need help!

[mohammedavais]

Hi guys, my wifes spouse visa expires on the 4th January 2015 and im just confused as to what she has to do next!

We applied for the visa on the 19th of April 2012 and she was granted the visa on the 4th of October 2012 till the 4th January 2015.

She has been studying english and life in the uk which she has the test booked for next month.

Questions:

1. Does she just need to pass life in the uk or is there another english test required?

2. What does she need to apply for now as in will she need to apply for an extension to her visa or can she apply for british passport?

3. Are there financial requirements as in savings we need to show?

4. Wherr can I find the correct list of requirements for her situation? Im confused as there seems to be 3 things listed: 2 year 5 year and 10 year route.

I would be grateful for any help! I went to a solicitors but they want £50 just to talk!!

P.s. I am British by birth, my wife is from Pakistan

[CR001]

Hi guys, my wifes spouse visa expires on the 4th January 2015 and im just confused as to what she has to do next!

We applied for the visa on the 19th of April 2012 and she was granted the visa on the 4th of October 2012 till the 4th January 2015.

She has been studying english and life in the uk which she has the test booked for next month.

Questions:

1. Does she just need to pass life in the uk or is there another english test required? She needs LIUK and English Level B1 test certificate

2. What does she need to apply for now as in will she need to apply for an extension to her visa or can she apply for british passport? As it appears she is under the old rules, she can apply for Indefinite Leave to Remain (ILR). She can apply in person at a PEO, by post or use the Settlement Checking Service at the council. Once she been resident for 3 years exactly, only then can she apply to Naturalise as a British Citizen and once approved and attended the ceremony, only then can she apply for a British Passport.

3. Are there financial requirements as in savings we need to show? As she appears to be under the old rules, adequate maintenance is required

4. Wherr can I find the correct list of requirements for her situation? Im confused as there seems to be 3 things listed: 2 year 5 year and 10 year route. Search for SET(M) form and guidance, it is all there but you can ignore the financial requirement as it appears your wife is under the old rules, which means she can apply for ILR after 2 years residence from when she arrived in the UK. She will need to show two years worth of cohabitation documents either in joint names or addressed to you both individually at the same address.

I would be grateful for any help! I went to a solicitors but they want £50 just to talk!!

P.s. I am British by birth, my wife is from Pakistan

[mohammedavais]

Thank you for such a quick response!

So just to be sure, she needs to pass both LIUK and English B1 then apply for ILR since in November it will be 2 years complete since she moved here, then next november she can apply for her British Passport, am I right?

She has letters addressed to her, pay slips, bank account statements etc but is there any specific amount she or I need to have in savings? I'm not sure what the old rules were but she is working 2 days a week from which she gets £90 and I give her £50 every week also. She has about £1500 saved up from work saved up in her account but she only spends from the money I give her

[CR001]

Thank you for such a quick response!

So just to be sure, she needs to pass both LIUK and English B1 then apply for ILR since in November it will be 2 years complete since she moved here, then next november she can apply for her British Passport, am I right? Correct, but not a passport, she has to apply for citizenship first and wait for approval and then ceremony before applying for a passport. She can apply for ILR 28 days before she reaches 2 years, but can apply on 2 years or just after too, as long as she applies before her visa expires.

She has letters addressed to her, pay slips, bank account statements etc but is there any specific amount she or I need to have in savings? I'm not sure what the old rules were but she is working 2 days a week from which she gets £90 and I give her £50 every week also. She has about £1500 saved up from work saved up in her account but she only spends from the money I give her Adequate maintenance meaning that there is no burden on the state. You will need any letters addressed to you as well and any you have in joint names, and your payslips etc too. Rather submit too much than not enough.

[mohammedavais]

Thanks for all the help!

One last question, if my wife were to fail her LIUK and B1 English, she obviously wont meet requirements for ILR so what would be the next step? An extension on her existing visa? What is it called and how long would it be for?

I only ask because we just came back from Pakistan as her mother passed away sadly and my wifes mind is just not her usual if u know what I mean so im worried incase she fails the tests and her visa expires on 4/1/15

Thanks again!

[CR001]

She can apply for an extension on FLR(M) BEFORE her current visa expires.

[Casa]

If she has to apply for an extension on form FLR(M) A1 level English is required. One tip for the Life in the UK test; she may find it helps to listen to the questions during the test on headphones, while reading from the screen.

[AcrossBorders]

If she has to apply for an extension on form FLR(M) A1 level English is required.

Though you don't have to submit it based on this note.

Note 3 - page 43 FLR(M)

You may not need to provide evidence of meeting the English language requirement if you have previously done so as part of a successful application for leave as a partner. See section 21 e) of the guidance notes.

[mohammedavais]

Hi guys, didnt want to start another thread so just posting in this old one!

My wife passed her English B1 but unfortunately failed her life in the uk test. It is rebooked for 24th of december now.

Since her visa is expiring on the 4th of Jan its really last chance saloon as far as LIUK is concerned. Based on whether she passes on not will decide whether we apply for extension or indefinate, as (if I read correctly) she needs LIUK and B1 english to apply for indefinate but for extension LIUK is not needed but only english A1.

My question is, since she passed B1 english, will that suffice for FLR extenstion application or will she need to do A1 again - which is basically what she completed in Pakistan before she was granted her spouse visa, although its expired now!

We are getting conflicting reports on this, so I just want to make sure!

All other requirements are pretty much in check, this is the last hurdle so don't want to take any risks.

One last point, its ok to post the application so close to the expiry date of her current visa? it expires on the 4th of Jan so on the 24th I'll know which form to fill in so posting on 26-27th December is ok yes? Also what is the premium service I've heard about where you pay £100 extra but you can get the result on the same day, is this true and how does it work?

Thanks again for all your help in advance!

[vinny]

My question is, since she passed B1 english, will that suffice for FLR extenstion application or will she need to do A1 again - which is basically what she completed in Pakistan before she was granted her spouse visa, although its expired now!

No need to do A1 English Language test again for FLR(M). B1 English Language test or previous A1 English Language test is sufficient.

One last point, its ok to post the application so close to the expiry date of her current visa? it expires on the 4th of Jan so on the 24th I'll know which form to fill in so posting on 26-27th December is ok yes? Also what is the premium service I've heard about where you pay £100 extra but you can get the result on the same day, is this true and how does it work?

Posting before expiry of leave is okay.

Premium service requires prior booking. If the application is straight forward, then they will make decision on the day.

[mohammedavais]

Thanks Vinny, much appreciated! I thought it sounded silly she would have to do A1 again lol

1 last question, on the documents check list on form SET (M) it says Birth Certificate, is this for the applicant only or both of us and is this really necessary? As she is from Pakistan and doesn't have one (or has no recollection of where it is) as it wasnt needed for the spouse visa. I would of thought original passports would be enough!

Thanks

[vinny]

Where does it say that her birth certificate was required?

[mohammedavais]

Hi Vinny

https://www.gov.uk/government/uploads/s ... _06-14.pdf

If you look at the last page, there is the document check list, about half way through it has listed there: birth certificate.

I didn't think it was necessary as it wasn't required during the spouse visa application process but this is the first time I saw it listed!

[SoHopeful]

If you are applying for FLR you wouldn't use that form...

[mohammedavais]

That is the form for ilr, which hopefully we will be using if my wife passes her LIUK otherwise it will be FLR. Fingers crossed!

[mohammedavais]

Anyone know??

[vinny]

Search the form for occurrences of "birth certificate". Birth certificates may be required for child applicants, who were included in the SET(M) application. I believe that your wife does not need to produce her birth certificate.