ILR or 6 month extension

[Sam1974]

Hi

Not sure if anyone can advise on this but any steering would be really appreciated

Gen's spouse settlement visa runs out 24th Feb 2014
We are still awaiting her PET B1 English results which will be with us around 27th Jan (might be available earlier on line)
She arrived in the country prior to July 2012 (believe this is relevant to financial support)
I left my job at the end of June 2013 to evaluate a business venture, was not viable, returned to work 2nd Jan 2014 (yesterday).
In effect I have been out of work for the last 6 months but in the first 3 months of this tax year (April, May, June) I earned 3 times the minimum required salary and my current job is in excess of the current 18k requirement. (During the 6 months I was out of works did not claim any benefits, we supported ourselves)

Option 1 - she fails the exam and we have to apply for an extension, have to be done in person as we will only have 3 weeks before her visa expires

Option 2 - she passes and we apply for ILR

Question - I will not be able to provide last 3 months payslip because of the gap in my employment, will this go against us and would we better applying for an extension so that in 6 months I have the relevant payslips

Option 3 - we just apply for an extension now

I'm guess I'm asking what would everyone else do and will my employment gap hurt our ILR application

Appreciate any advise

Thanks

Sam

[Terpe]

Sam,
If your wife was granted leave to enter UK following a Visa Application made before the 9th July 2012 then there is no requirement to meet the current UKBA Financial Requirement of Income.

She just needs to complete section 7B of the FLR(M) to confirm that between you both there is currently 'adequate maintenance' without recourse to public funds.

The current ILR application SET(M) does not require any applicant to meet the UKBA Financial Requirement.
Additionally, it's remains the caseworker instruction to not make refusal solely on financial aspects.

The option you'll follow depends largely on the timing for receipt of that English Language pass certificate at B1 level.
Visa application, on whichever form, MUST be submitted before current visa expiry.

I'm not sure why you consider it essential to make a PEO application. These 'in-person' on the day applications do take some advance planning due to the current waiting time for appointment slots.
Is there a specific concern you have against postal application?
Just curious

[Sam1974]

Hi Terpe

Thank you for getting back so quickly, this site is superb and credit to you guys.

I guess the main reason for going in person was my concern about the gap in employment and being able to speak to someone as part if our application but from your response this is not a concern now.

Couple of quick questions if you don't mind me asking,

If Gen's visa has expired and we are still waiting for a decision on a postal application she is fine to stay here, think I've read that right on the borders website?

I'm guessing it would be prudent to include my contract of employment stating my salary in our application or would you not bother.

Thanks again

Sam

[Sam1974]

Sorry another quick question, she does not not need the B1 for a 6 month extension in the event she does not pass the test?

[Terpe]

...If Gen's visa has expired and we are still waiting for a decision on a postal application she is fine to stay here, think I've read that right on the borders website?..

Gen's immigration status will continue to remain current and in force from the date of application regardless of whether the visa expires during the UKBA decision process.

...I'm guessing it would be prudent to include my contract of employment stating my salary in our application or would you not bother...

There are no FLR(M) specific questions or requirements for that.
There is a question asking for salary details and there is a documentary requirement to provide:-

...evidence of your finances including; Bank statements, building society savings books, pay slips or other formal documents as evidence of you and your partner’s ability to maintain and accommodate yourselves and any dependants without recourse to public funds

Technically, to qualify for 'adequate maintenance' there should be an amount of £112.55 per week available to you as a couple after deduction of total housing costs. This is equivalent to Income Support levels for a couple.

It's your decision how you satisfy this between you, but it must be 'income number' based and not solely an employment contract.

Hope that helps

[Terpe]

Sorry another quick question, she does not not need the B1 for a 6 month extension in the event she does not pass the test?

For FLR(M) she does not need the B1 level pass. That level is only required for ILR and Naturalisation.
However she does need a currently valid A1 level pass certificate. (ie not expired)

BTW it must be a test that is currently listed on the latest UKBA Approved Listing.

I'm guessing that the recent test she took would show scores at A1 level for Speaking and Listening ??

[Sam1974]

Hi Terpe

Again thanks for the info.

Yes last test she took her score was A1, she is confident she will pass this time so we are hoping we can go for ILR.

I guess with the extension the risk is rules change during those 6 months and there is other criteria to meet, so sooner the better.

Gen is also 5 months pregnant with our first baby which was another reason why she wanted to do the application in person and avoid the stress of waiting for the results.

I'm trying to reassure her that she won't have to return to tacloban 7 months pregnant so your advice has really helped provide peace of mind now we understand the criteria around our options.

Thanks again

Sam

[Sam1974]

Hi Terpe

Hope you can help again.

Gen unfortunately did not pass the PET test, she scored 68 and needed 70 so got an A2 result.

Next available test date for PET is March, complete nonsense with PET, 4 exam dates per year and 8 - 12 weeks to get the results..

So she is now booked for IELTS on the 1st Feb results will arrive 13th Feb, visa expires 24th Feb. If she passed and we sent the ILR next day recorded delivery on the 14th, once they sign to say it is received are we ok, is that classed as visa application received?

Also I think you advised in another post she only needs B1 in speaking and listening, IELTS you get a grade for each section and an overall grade, if she got a overall fail (less than B1) but got B1 in the required parts would this still be ok? (Reading and writing she is struggling with)

I guess the dilemma is do we go for the extension now or risk waiting till the 13th Feb and hope nothing goes a miss with our application not getting to the home office or going astray when it arrives.

Thanks

Sam

[Terpe]

...... If she passed and we sent the ILR next day recorded delivery on the 14th, once they sign to say it is received are we ok, is that classed as visa application received?..

Here's what UKBA state:-

..What is the date of your application? (Applying by post or courier from inside the UK)

If you send your application form and application fee by post, the date of application is the date of posting. This is decided by the postmark. If the postmark is illegible or missing, the date of postage is taken as being at least 1 day before it is received by us.

If you send your application form and application fee by courier, the date of application is the date when it is delivered to our payment handling service.

[Terpe]

...... Also I think you advised in another post she only needs B1 in speaking and listening, IELTS you get a grade for each section and an overall grade, if she got a overall fail (less than B1) but got B1 in the required parts would this still be ok? (Reading and writing she is struggling with)....

Hi Sam,

This UKBA FOI reply will reassure you

Here's the key extract from that UKBA response:-

..For clarity, even though a person may be required to sit all four
components of an IELTS test, they would meet the English language
requirement by gaining a score of a minimum of level 4 in speaking and
listening only even if they failed the reading and writing components and
overall their final score was less than 4.

I.e Reading – 1.5
Writing – 1.0
Speaking - 4.0
Listening – 4.0

Overall IELTS score – 2.5

The applicant is able to demonstrate they scored level 4 for speaking and
listening in an approved test by an approved provider therefore an
applicant could use such results to meet the English qualification for
partners.

[Sam1974]

Thank you again Terpe

We just need to make a decision if we wait until the 14th Feb and hopefully apply for the ILR or go of an extension now to give us more breathing space.

Cheers

Sam