Can my wife apply for ILR on SET(M)

[quixote1]

Hi,

I'm british. My wife is Brazilian. Her 2 years of FLR(M) is just coming to an end on Wednesday. In theory she should be applying for ILR on the SET(M) form. However she took the "Life in the UK" test and failed by a couple of questions and there was no time to rebook and take it again before her FLR ended ! (I know ... bad planning). Therefore she is applying for another 2 years of FLR to avoid "overstaying" .... the application is in the post.

She intends to retake the "Life in the UK" test ASAP just to get in out of the way.

The questions is: Once she has passed that test can she apply for ILR on SET(M) straight away ? (even after just getting a second period of 2 years of FLR) ?

The rules appear to only say .... don't apply more than 28 days before the initial FLR period ends. So I curently think she could apply for ILR as soon as she has passed the damned test.

However we really don't want to have the application rejected and for "them" to pocket 750 pounds !!

Thanks !!

[Casa]

Once she has passed the Life in the Uk test, she can apply for ILR. However, the proposed changes to legislation due to be put before Parliament this Autumn, if approved, will see ILR abolished to be replaced with Probationary Citizenship, (not a permanent residency) and it will take longer to be able to apply for British Citizenship. An additional year. This can be reduced by taking part in approved Community Projects or charity work.

[lukt]

Sorry to hear that she failed the Citizenship exam. Life in the UK test is a major obstacle to so many people, even though it's only 18 questions that you need to answer correctly. It's best to have another go at the exam, and apply for ILR as soon as possible.
All the very best.