Spouse 5 YEAR route to 10 YEAR route

[Sohail222]

Hi my wife came to UK on spouse visa 15 October 2014 in April 2017 I applied for FLR 15 AUGUST 2017 I RECEIVED VISA 10 YEAR ROUTE TO SETTLEMENT because I didn't know about the A2 New English test I send them the old A1 test thats why home office put my wife on 10 YEAR route then I went to the solicitor he said do the A2 test and do the application again to 5 YEAR route my wife did the test and we book same day and she was granted 5 year route now my question is can she apply indefinite leave to remain her 5 year is due 15 October 2019

[CR001]

She is on a new 5 year route from the date her last visa was granted.

[Sohail222]

Her last 5 year route spouse visa was granted 11 October 2017 and expiring on 11 April 2019 . Even she was on that 10 YEAR visa 1 month 27 days before switching back to 5 YEAR route that is so wrong so you saying she need to get another 2.5 YEAR visa before she can apply indefinite leave to remain. My solicitor told me now there is a risk we can apply indefinite leave to remain see if they can grant us what you think my wife pass the b1 English test solicitor say we can apply 15 October 2019 he say he will write a letter explains all this to the home office what you think guys I'm so worried that lots of money down the line ........

[Sohail222]

!!!!???

[Sohail222]

Case background  my wife came to UK on spouse visa 15 October 2014 her first visa expired on 15th of May 2017

 I need your help guys I applied for my wife visa extension from uk for FLRM on 4 of April 2017 under 5 years route she completed 2& half year that's her 2nd extension on 17 0f August 2017 we received decision that she is not qualify under 5 years rules because of the following resons we didn't send A2 English test certificate the new rules starts from 1st of May 2017 my wife visa expried on 15 of may 2017 this is applicable people applying after this date we made application 4 of April 2017 again this is wrong we have provided them English A1 certificate we have provided full filed all the requirements of immigration rules the decision letter we received said we cannot Appeal the decision we filled old FLRM application version 2016 it's says we can use same certificate if it was accepted as part of previous application I don't understand why they have decided wife application under new rules anyways they have not refused wife application granted her under 10 years rules to settlement.  Anyways month later my wife passed the A2 English test and we re apply again same day decision to put her back to 5 year route the application was successful that was 11 October 2017 now my quastion is can she eligible to apply indefinite leave to remain her visa expiring on 4th of March 2020 her 5 year completing on 15 of October 2019 she enter the UK on spouse visa15 October 2014 many thanks wait for your reply 

[zimba]

First DO NOT start new posts on the same topic. Your post is now merged here as you were advised before.
She cannot get ILR as she started a new 5 year route in 2017

[Sohail222]

This is rediclus home office so unfair playing with people life money making business all this time my wife spend here legal just because a2 English CERTIFICATE not provided they put her on 10.years route we pay all the fees again to put her back on 5 year path

[seagul]

This is rediclus home office so unfair playing with people life money making business all this time my wife spend here legal just because a2 English CERTIFICATE not provided they put her on 10.years route we pay all the fees again to put her back on 5 year path

If you had applied before the launch of new A2 English test requirement then you should be treated under old rules. But you should have challenged that decision at that time instead accepting it followed by re-applying again which actually had reset your 5 yearly ILR clock to zero again.

[Sohail222]

But we were not given appeal right I did apply 4th of April month before the new a2 requirement starts from 1st of May 2017

[Sohail222]

I asked solicitor they said there is a risk if we apply but we can explain them this in detail letter and solicitor advise me we can apply next month 17 of October when wife completing 5 years what you think

[CR001]

You could have asked for a reconsideration or admin review if that was offered.

[Sohail222]

We did send email admin review they rejected the request saying we must make new application or leave the country now her current visa expiring on 4th March 2020 what if we apply in Feb next year the time spend on 10 year route visa lease then a month we did not accept that visa as we back on track 5 year route .........

[CR001]

You left it too late now to challenge HO etc.

She needs an extension. Her new 5 year route started when her last visa was issued on FLR(M).

[Sohail222]

Thanks for your reply cr001 wife needs to do A2 English test again she pass life in th uk test as well B1 english

[CR001]

Life in the UK lot needed for extension but keep safe for ilr.

B1 can be used for an extension.

[Sohail222]

Thanks cr001 for your reply