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  1. #1
    Respected Member briancol's Avatar
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    ILR Advice needed

    Because my wife got here in June 2012 (Belfast) she applies for ILR under the old rules could you tell me is there an "old rules app form" or does she use the latest/newest app form? .

    At the minute she is doing an ESOL course @ Belfast Met College, she does the test/exam hopefully to get the B1 Certificate she needs in June, but just in case she doesn't get her results before her visa runs out in August can she apply for an extension to her current visa while shes waiting? Thanks.


  2. #2
    Admin's Assistant ^_^ raynaputi's Avatar
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    She will have to use the latest ILR form. It's a one size fits all form. About the extension, yes she can apply extension for her current visa in case she won't pass the required English test. But she must do that before her visa expires. Isn't it possible to take the English exam earlier? It will save you both a lot of trouble just in case. Also, has she already passed the Life in the UK test?
    -=rayna.keith=-
    ...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...



  3. #3
    Moderator Arthur Little's Avatar
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    Quote Originally Posted by raynaputi View Post


    Isn't it possible to take the English exam earlier? It will save you both a lot of trouble just in case.
    ..................................................................... ... and a helluva lot of money, besides!


  4. #4
    Respected Member briancol's Avatar
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    She has already passed the Life in the UK Exam, the ESOL exam is at the end of the course shes on,they don't do it any earlier, she only took the course because we couldn't find anywhere over here that do the ESOL exam on its own, I guess its all about getting money out of people, I d/loaded the ILR application this morning 37 pages of it, wow, can you tell me how long b4 her visa runs out she has to apply for an extension, where does she apply/get the app form, and how much will that cost, just for the extension I mean, I know the ILR is a 1000 pounds or so. Thanks.


  5. #5
    Admin's Assistant ^_^ raynaputi's Avatar
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    The earliest your wife can apply for an extension is 28 days before her 2nd year anniversary of living here in the UK (just the same when applying for ILR).

    Go to this page and check out the form she will use and the guidance notes. https://www.gov.uk/government/public...tner-form-flrm

    Is your wife confident enough to pass the English test? Of course applying the ILR is still the best route. If the test and result will be on June, make sure that you have all the documents prepared so you can apply ILR before her visa expires on August.
    -=rayna.keith=-
    ...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...



  6. #6
    Respected Member briancol's Avatar
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    So she applies for ILR 4 weeks be her visa runs out at the earliest? Not sure if she's confident but she can only do her best, her ESOL EXAM is in June I believe but I'm not sure when she gets the result, obviously she needs it b4 she can apply for ILR but that's out of our hands, can she not apply for ILR even after her visa runs out, on August the 14th?


  7. #7
    Respected Member aprilmaejon's Avatar
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    Did she not took any English exam before coming here in the uk? Why need to take ESOL?


  8. #8
    Admin's Assistant ^_^ raynaputi's Avatar
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    Quote Originally Posted by briancol View Post
    so she applies for ILR 4 weeks be her visa runs out at the earliest? Not sure if she's confident but she can only do her best, her ESOL EXAM is in June I believe but I'm not sure when she gets the result, obviously she needs it b4 she can apply for ILR but that's out of our hands, can she not apply for ILR even after her visa runs out, on August the 14th?
    She has a spouse visa right? The earliest she can apply is 28 days before her 2nd year anniversary of stay here in the UK. If she applies for ILR after her visa expires, she will get a refusal and would need to go back to the Philippines.
    -=rayna.keith=-
    ...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...



  9. #9
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    What visa did your wife arrive under? I'm guessing FLR(M) since you are now looking to go for ILR.

    Your wife had to pass an English test to the acceptable standard before coming to the UK in June 2012? We understand that this pass is acceptable for ILR and you don't need to re-take the test even if it 'expires'.

    Also, if she arrived under FLR(M) then she will now be on a Spouse Visa with a 2 year validity. Our understanding is that you cannot apply for ILR until 28 days before your current Spouse visa expires, not 28 days before her 2 year arrival anniversary?

    Terpe, where are you?


  10. #10
    Admin's Assistant ^_^ raynaputi's Avatar
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    Quote Originally Posted by Trefor View Post
    What visa did your wife arrive under? I'm guessing FLR(M) since you are now looking to go for ILR.

    Your wife had to pass an English test to the acceptable standard before coming to the UK in June 2012? We understand that this pass is acceptable for ILR and you don't need to re-take the test even if it 'expires'.

    Also, if she arrived under FLR(M) then she will now be on a Spouse Visa with a 2 year validity. Our understanding is that you cannot apply for ILR until 28 days before your current Spouse visa expires, not 28 days before her 2 year arrival anniversary?

    Terpe, where are you?
    Trefor, his wife got here on June 2012 and the visa will expire on August 2014. I'm thinking she arrived on a spouse visa (27 months validity). So his wife can apply for ILR 28 days before the 2nd year of stay or 24th month here in the UK (which on his wife's case, this coming June 2014), not before expiration. This is the difference when arriving to UK with a spouse visa and fiancee visa.

    Regarding the English test. If his wife already attained a B1 equivalent passing grade (or above B1) upon her spouse visa application, that's the only time it will be accepted for the ILR and Naturalisation, even if the test cert is already expired. If the passing grade was below B1, then she needs to retake the English test.
    -=rayna.keith=-
    ...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...



  11. #11
    Respected Member aprilmaejon's Avatar
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    Quote Originally Posted by raynaputi View Post
    Trefor, his wife got here on June 2012 and the visa will expire on August 2014. I'm thinking she arrived on a spouse visa (27 months validity). So his wife can apply for ILR 28 days before the 2nd year of stay or 24th month here in the UK (which on his wife's case, this coming June 2014), not before expiration. This is the difference when arriving to UK with a spouse visa and fiancee visa.

    Regarding the English test. If his wife already attained a B1 equivalent passing grade (or above B1) upon her spouse visa application, that's the only time it will be accepted for the ILR and Naturalisation, even if the test cert is already expired. If the passing grade was below B1, then she needs to retake the English test.
    Rayna, if she is on spousal visa, I would expect that she have taken an English exam already...the only question is, if it is equivalent or above B1 level. That's why I am wondering why does she has to take the ESOL course? Couldn't she just take the exam as early as possible so she can apply for her ILR on time?... I believe that she will pass the exam straight away even without the course.


  12. #12
    Respected Member Michael Parnham's Avatar
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    Quote Originally Posted by briancol View Post
    so she applies for ILR 4 weeks be her visa runs out at the earliest? Not sure if she's confident but she can only do her best, her ESOL EXAM is in June I believe but I'm not sure when she gets the result, obviously she needs it b4 she can apply for ILR but that's out of our hands, can she not apply for ILR even after her visa runs out, on Aughst the 14th?
    My Maritess visa expires on the 17th of August 2014, she arrived here 6th June 2012 so we are sending her ILR application on the 8th May 2014 Brian!


  13. #13
    Admin's Assistant ^_^ raynaputi's Avatar
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    Quote Originally Posted by aprilmaejon View Post
    Rayna, if she is on spousal visa, I would expect that she have taken an English exam already...the only question is, if it is equivalent or above B1 level. That's why I am wondering why does she has to take the ESOL course? Couldn't she just take the exam as early as possible so she can apply for her ILR on time?... I believe that she will pass the exam straight away even without the course.
    Brian mentioned above that they can't find anywhere around their place that does the exam alone, hence forcing her wife to take the course. Brian's wife probably have a grade below B1 when she applied for her spouse visa? If that's the case, then she really need to retake the English test, on the circumstance that Brian said along with the course.
    -=rayna.keith=-
    ...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...



  14. #14
    Respected Member briancol's Avatar
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    Thanks for all the replies, yes she got her on a spouse visa, 27 months, it runs out on 16th August 2014, but she arrived here on June 7th 2012, 2 years anniversary is 6th June 2014, BUT she will not have her B1 cert at that time, don't know what date but her ESOL exam is in June and get results some time after that and since the college will be shut for summer holidays till September then don't know how/when she gets the certificate, assuming she passes the exam. Anyway, she definitely will not have it by the 2year anniversary. She did an English language exam in the Philippines to get her visa, result was just A1 that's why she needs to do it here to get the B1.


  15. #15
    Respected Member briancol's Avatar
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    Quote Originally Posted by Michael Parnham View Post
    My Maritess visa expires on the 17th of August 2014, she arrived here 6th June 2012 so we are sending her ILR application on the 8th May 2014 Brian!
    Yes, but your wife must already have her B1 IN English, mine hasn't.


  16. #16
    Respected Member marksroomspain's Avatar
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    Quote Originally Posted by briancol View Post
    Thanks for all the replies, yes she got her on a spouse visa, 27 months, it runs out on 16th August 2014, but she arrived her on June 7th 2012, 2 years anniversary is 6th June 2014, BUT she will not have her B1 cert at that time, don't know what date but her ESOL exam is in June and get results some time after that and since the college will be shut for summer holidays till September then don't know how/when she gets the certificate, assuming she passes the exam. Anyway, she definitely will not have it by the 2year anniversary. She did an English language exam in the Philippines to get her visa, result was just A1 that's why she needs to do it here to get the B1.
    Hiya Brian,

    It looks like your wife will have no choice but to extend her visa (FLR) which will be another expense currently £601 but as Rayna has said that if your wife lets her visa run out then she could be deported back to the Phils.

    I think the above is your only option due to time restraints but on the positive side is that as soon as she achieves B1 level then she can immeditely apply for ILR, she won't have to wait a further 2 years on her visa extension.

    More expense I know but like I say with little options left then it looks like the way to go, anyway goodluck...


  17. #17
    Respected Member briancol's Avatar
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    Quote Originally Posted by marksroomspain View Post
    Hiya Brian,

    It looks like your wife will have no choice but to extend her visa (FLR) which will be another expense currently £601 but as Rayna has said that if your wife lets her visa run out then she could be deported back to the Phils.

    I think the above is your only option due to time restraints but on the positive side is that as soon as she achieves B1 level then she can immeditely apply for ILR, she won't have to wait a further 2 years on her visa extension.

    More expense I know but like I say with little options left then it looks like the way to go, anyway goodluck...
    Thanks for that,,but what is (FLR) please, and,do they extend the visa for 2 more years? Another 601 pounds, lucky my wife is working and earning, do you have a link for the visa extension application form (just in case)?

    But IF she passes and gets the B1 even just one week b4 her visa runs out, she can still apply then, yes?


  18. #18
    Respected Member marksroomspain's Avatar
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    There is nothing stopping your wife extending her visa. It is perfectly acceptable to UKVI to do this, Brian. FLR is further leave to remain. She will need to use form FLR(M) which information can be obtained from UKVI website.

    Answer to your next question is yes as long as UKVI receive her application before the end of the 2 year anniversary from when your wife actually arrived in the UK then no problem.

    Please note that her visa is only valid for 2 years from when she actually arrived in UK not the expiry date on her visa.

    Once again goodluck...


  19. #19
    Admin's Assistant ^_^ raynaputi's Avatar
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    Quote Originally Posted by briancol View Post
    Thanks for that,,but what is (FLR) please, and, do they extend the visa for 2 more years? Another 601 pounds, lucky my wife is working and earning, do you have a link for the visa extension application form (just in case)?

    But IF she passes and gets the B1 even just one week b4 her visa runs out, she can still apply then, yes?
    I already posted the link to the FLR form in post #5. FLR means Further Leave to Remain.

    She can still apply for FLR or ILR even a week before her visa runs out. Just make sure that UKVI will get the application on the last valid date stated in the visa (16 August 2014 in your case). If they get it even a day after that, then it will be considered as late application

    Edit: I just checked that 16 August 2014 falls on a Saturday. I hope Terpe or anyone who knows can advice you about the correct timing of submitting the application when it falls on a weekend.
    -=rayna.keith=-
    ...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...



  20. #20
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    Hiya,

    Why cant she travel to London to take IELTS loads of test Centres in London or anywhere nearest London...results only takes 13 days from the day you take the exam..


  21. #21
    Respected Member briancol's Avatar
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    Jane, she can't travel to London because we live across the Irish sea.

    Marksroomspain & Raynaputi u r confusing me, one says 2 years after she arrived despite the date of the visa and the other says the date the visa runs out, I must admit after reading through the rules & regulations earlier this evening on the UKBA website I read it as the date the visa finishes.

    Also since we're working under the old rules about finances, do I still need to fill in the part of the ILR application form about my finances? I'm 62 years old and finished working, I'm now getting Pension Credit and Housing Benefit in my own name, my wife works full time.


  22. #22
    Admin's Assistant ^_^ raynaputi's Avatar
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    Brian, your wife arrived on a spouse visa and the eligibility period for ILR is 28 days before her 24th month of stay in the UK. Marksroomspain said the same thing in post #18.

    The 28 days before expiration date is for those who arrived in the UK on a fiancee visa, like myself. Our ILR eligibility date will be based on the FLR(M) visa's validity date and not from the time we arrived here.
    -=rayna.keith=-
    ...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...



  23. #23
    Respected Member Michael Parnham's Avatar
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    Brian, your finances should be no problem, you don't have to reach the new target of £18,600!


  24. #24
    Respected Member NoRest's Avatar
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  25. #25
    Respected Member briancol's Avatar
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    Quote Originally Posted by NoRest View Post
    Hi.i looked at the dates of the exams in Glasgow,the earliest B1 exam is 3/6/14. no point in going there coz she will be doing her exam here around the same time,thanks anyway.


  26. #26
    Respected Member briancol's Avatar
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    Quote Originally Posted by Michael Parnham View Post
    Brian, your finances should be no problem, you don't have to reach the new target of £18,600!
    Thank you Michael that's reassuring, though I still have to enter finances on the app form anyway.


  27. #27
    Respected Member briancol's Avatar
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    Quote Originally Posted by raynaputi View Post
    Brian, your wife arrived on a spouse visa and the eligibility period for ILR is 28 days before her 24th month of stay in the UK. Marksroomspain said the same thing in post #18.

    The 28 days before expiration date is for those who arrived in the UK on a fiancee visa, like myself. Our ILR eligibility date will be based on the FLR(M) visa's validity date and not from the time we arrived here.
    Ok Raynaputi, looks like she will have to get an extension to her visa first because 2 years will be th June, that is not enough time to do the exam and get the results then send in her application.


  28. #28
    Respected Member briancol's Avatar
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    I forgot to ask,how/where does she get the biometric immigration document,
    what is that ? finger prints and whatever I presume,where would she go to do/get that done.?

    Also which form does she need to download/print out to apply for a visa extension,.i have looked at the website in the above link but I cant see which form it is.

    Set(M) she uses to apply for ILR 37 pages..and FLR(M) for visa extension 52 pages ?

    Does she apply for visa extension 28 days b4 her 2 years is up or b4 her visa runs out? sorry for all the questions.


  29. #29
    Admin's Assistant ^_^ raynaputi's Avatar
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    Brian, your wife can still apply ILR even after June as long as long as her visa is still valid. 28 days before her 24th month stay is just the earliest date she can apply. Don't be confused with it. If her English test is on June and the test result will be released in July for example, then you can apply ILR if she gets the B1 grade.

    Biometrics form is included in the FLR and ILR forms. UKVI will send her a letter for biometrics after you sent the application. This can be done in the post office that has the biometrics machine. You need to check which post office near you that has that.

    In post #18, I gave you the link for the form. Just click it. Form FLR(M) and the guidance note. It's just at the top of the page.
    -=rayna.keith=-
    ...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...



  30. #30
    Respected Member marksroomspain's Avatar
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    Hope things have become more clearer now Brian, I know its stressing times but we are here whenever help is needed as Rayna has said in above post, she might still have time anyway fingers crossed...


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