xplor3r247 wrote:Hi,
I hope someone can help with the following question please.
Q. My friend (British Citizen) is married to an Indian national. They are legally married in the UK and she has a stay for 2.5 years and has been given a residence card by the home office. He would like to know, after the 2.5 LTR has come to an end, can she apply for indefinite leave to remain?
Also as she is yet to complete her 2.5 years - can she do her life in the UK test now? Or should she wait? What would be benefits for doing it earlier?
Many thanks
It depends on when the spouse visa was applied for. For a 2.5 years, it sounds like your friend's spouse is under the new rules, a 5 year path. (The old rules were 2 years). Rules changed back in July 2012 so if the spouse visa was applied for after this date, then it will fall under the new rules.
This would mean applying for FLR(M) before the expiry of the visa for a extended 2.5 years and then ILR after a total of 5 years.
Life in the UK test can be taken at any time as there is no expiry date. It is not needed for FLR, but will be needed for ILR. Benefit of taking the test now is one less worry when it comes to apply for ILR.
Many people do find the LIUK test hard to pass and are panicking as they have left it late towards to expiry of their visa. If done earlier and not passed first or even second time, there is ample time to prepare and take the test again without having to worry. There are even examples on this forum where people have asked for advice and had to apply for an extension rather than ILR so they could pass the LIUK test.