Visa extension refused

[drhdrhdrhdrh]

If anyone has any advice, please provide it!
My wife and step son have been refused an extension to their visa. They arrived on a fiancee visa in November, we married in December, then found that she needed a language test. With no preparation, and taking the higher level test at Pearson, she came close, but failed to get the grade for A1 level. With no time left to prepare and take it again, we filed for more time. It was refused.
I think we have the right to appeal, but perhaps the more important thing is to get the A1 test passed.
Anyone taken an actual A1 test?
The visas for her and her 6 year old expired on the 15th Jan.
Any ideas anyone?

[keithAngel]

Thats very sad news drh it was advertised from at least last july that for applications after 29 November this would be the case and is further compounded in your case by your fiance not arriving at the begining of the six month visa,unless thats changed and I didnt notice.

Appeal away but your Missus is now an overstayer and you may be forced to begin again with a spouse visa for her and her son from the Phils having her pass the test there, coaching is cheap especial in Cebu whichhas a lot of language centers.

Sorry not to be able to say what you must wish to hear but its the way the system is now.

http://www.migrantsrights.org.uk/blog/2010/07/ukba-announces-date-spouse-and-partner-language-tests

[john sergison]

i am not understanding this situation

i thought that now the applicant must pass the english test in there own country before or as part of the visa application before the visa is granted.
if her visa is granted to come here without that surely the other rules applied where she would apply FLR at the end of 6 months and then take life in uk test.

can any one explain to me what is happening above

thanks
:doh

[Terpe]

drh
Very sad situation.
The best advice I have is to be sure that your wife and stepson leave for Phils within 28days of visa expiry.

I have a feeling that if she leaves with that time it will not be a 'black mark' against her.
Maybe somebody can confirm this

[joebloggs]

i am not understanding this situation

i thought that now the applicant must pass the english test in there own country before or as part of the visa application before the visa is granted.
if her visa is granted to come here without that surely the other rules applied where she would apply FLR at the end of 6 months and then take life in uk test.

can any one explain to me what is happening above

thanks
:doh

thats true, but it also applies for people who need to apply for FLR already in the UK, (i.e. those you got their fiancee visa granted before 29th nov last year)

but this problem will not exist much longer, as like you said, everyone who submits an application after 29th Nov will have had to take the test in the phils b4 they apply.

I WOULD CONTACT YOUR MP ASAP AND EXPLAIN WHATS HAPPENED,i'm sure there will b4 a few people caught out like this :NoNo: but your wife and stepsons visa have expired :NoNo:

[Terpe]

i am not understanding this situation

i thought that now the applicant must pass the english test in there own country before or as part of the visa application before the visa is granted.
if her visa is granted to come here without that surely the other rules applied where she would apply FLR at the end of 6 months and then take life in uk test.

can any one explain to me what is happening above

thanks
:doh

John, here is the essence of this new English Language requirement:-

From 29 November 2010, any non-European migrant who wants to enter or remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand English, which allows them to cope with everyday life in the UK, by taking an English language test with one of our approved test providers.

You will need to meet the requirement if:

you are a national of a country outside the European Economic Area and Switzerland; and
you are in a relationship with a British citizen or a person settled here; and
you want to apply to enter or remain in the UK as their husband, wife, civil partner, fiance(e), proposed civil partner, unmarried partner or same-sex partner

[laurel]

From 29 November 2010, any non-European migrant who wants to enter or remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand English, which allows them to cope with everyday life in the UK, by taking an English language test with one of our approved test providers.

I find this aspect extremely hypocritical...........what about those from within the EU, who cannot spk a word of English, believe me theres thousands, .................im my work i come across them on a daily basis, guys on building sites whose English is very poor at best..........health and safety my ****:xxaction-smiley-047

[alanmf1]

Well said Laurel:xxgrinning--00xx3:

[grahamw48]

From 29 November 2010, any non-European migrant who wants to enter or remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand English, which allows them to cope with everyday life in the UK, by taking an English language test with one of our approved test providers.

I find this aspect extremely hypocritical...........what about those from within the EU, who cannot spk a word of English, believe me theres thousands, .................im my work i come across them on a daily basis, guys on building sites whose English is very poor at best..........health and safety my ****:xxaction-smiley-047

Exactly.

Stupid stupid government run by an even more stupid EU. :cwm23:

[gWaPito]

I totally agree with Laurels post number 7. We got the same at my place of work. The core workers are British The rest of the apple is our eastern European 'friends' and I use that term loosely. Most cant speak English. We have 4 traffic clerks who speak there lingo and for health and safety we have maps for each of the stores and guess what there have there maps too in there lingo. Its a bloody joke They are no more my European brother than a Gorilla and Bristol zoo. Yes Most are nice and pleasant and smile alot Thats about it. Too right Laurel Double standards indeed.

[keithAngel]

What I find suprising is the Philipines the 3rd largest English speaking country,English as the language of instruction in High School isnt recognised as a core English speaking country:doh

[sparky]

what i find a bit confusing is- on the ILR application and guidance notes it says you must be ESOL level 3 to apply for the visa -which makes u assume that you need it but on the application form itself it says you only need one of either the ESOL LEVEL 3 or the life in the UK test pass

so it doesnt state clearly in my opinion

[Dedworth]

What I find suprising is the Philipines the 3rd largest English speaking country,English as the language of instruction in High School isnt recognised as a core English speaking country:doh

Racism behind the changes in regulations perhaps ?

[gWaPito]

ha ha ha That made me laugh Dedworth! You and Keith Angel should set up as a double act ha ha dam funny. I was reading your panto thread again today, when poor ol Keith made, what I thought was a well worded and justified post you, then tore into him. Keith, your post was very good. Then keith's reply was 'yeah fine' so funny. I must of left my British humour at home yesterday, it came in the end.

[Dedworth]

ha ha ha That made me laugh Dedworth! You and Keith Angel should set up as a double act ha ha dam funny. I was reading your panto thread again today, when poor ol Keith made, what I thought was a well worded and justified post you, then tore into him. Keith, your post was very good. Then keith's reply was 'yeah fine' so funny. I must of left my British humour at home yesterday, it came in the end.

You left your specs at home gWaPito it was JimOttley not Keith who responded to the panto joke:D

Anyway the policy could be racist illiterate Roma beggars and thieves can freely live here with no visa or language test requirements. It strikes me that the UK Govt certainly since 1997 has discriminated against decent, educated, hardworking people in favour of some of the worst scum on this planet. Still that's multiculturalism for you although I'm still puzzling as to what Somali and Kosovan murderers bring to the table.

[gWaPito]

You really are a card Dedworth :D They law prey on the good people of this land and it wont change any time soon. Why bother with hunting down the lawless when they can screw us the there hearts content. I wonder who's got it right? Oh You are right Dedworth, i got the names wrong, it was Jim. Sorry! Both Jim and Keith write in a similar way, thats my excuse. Its my memory what fading Dedworth My eyesight it still fine, touch wood

[sars_notd_virus]

what i find a bit confusing is- on the ILR application and guidance notes it says you must be ESOL level 3 to apply for the visa -which makes u assume that you need it but on the application form itself it says you only need one of either the ESOL LEVEL 3 or the life in the UK test pass

so it doesnt state clearly in my opinion

what i understand is if an applicant arrives on a settlement visa before nov 29 2010,he/she will not take the ESOL but must pass the life in the uk test before the visa expires.

[joebloggs]

dont mix up the english language test with the 'life in Uk' test

[sars_notd_virus]

dont mix up the english language test with the 'life in Uk' test

now am confused:Erm:..does this mean that me on a spouse visa which arrived last June 2010 still needs to take'' both'' the ESOL and the Life in the UK test
? pls enlighten me..thanks

[JimOttley]

You really are a card Dedworth :D They law prey on the good people of this land and it wont change any time soon. Why bother with hunting down the lawless when they can screw us the there hearts content. I wonder who's got it right? Oh You are right Dedworth, i got the names wrong, it was Jim. Sorry! Both Jim and Keith write in a similar way, thats my excuse. Its my memory what fading Dedworth My eyesight it still fine, touch wood

I understand Gwapito :) Keith is a good guy who is 7000 miles away right now, sadly I can't change places with him but I would if I could :D He is spending time entertaining old friends right now and that is a good thing!

On topic, this A1 language thing really upsets me, my Ana's English is fine, she understands me and she has been here twice (5 months in total) and managed perfectly well on a day to day basis understanding people around her but her English is not perfect and having looked at the test samples she will fail because the tests are a pedantic view of spoken English!

Again my partners English is better than a great many people I have heard living here but looking at some sample questions my partner would fail :(

[joebloggs]

now am confused:Erm:..does this mean that me on a spouse visa which arrived last June 2010 still needs to take'' both'' the ESOL and the Life in the UK test
? pls enlighten me..thanks

now i'm confused :Erm::doh

:D

no if your on a spouse visa you dont need to take the new english language test (A1 test) if your in the UK and are going to apply for ILR.

but you need to pass the 'life in UK ' test b4 you can apply for ilr, to pass that you can take the test or attend a ESOL course with citizenship context

[gWaPito]

Hi Jim Sorry to read your post. It doesn't sound good at all. Like you've said, it sounds jolly unfair!. Its like they have gone from one extreme to the other, bowing to the electorate. Which in a way is correct but, like you said, they are splitting hairs on the exam which isn't right. My Aunt Ann from Italy Been here from the mid 50's and she got no command of English.

[baby38]

Here in Australia,my wife on a 2 year temp spouse visa,is entitled to 500 hours free English lessons paid by the Australian Government,her English is ok,she can get by and understands day to day living,but I am still sending her to improve her English and our customs.

[Faye_and_Brian]

and now Im confused on how to extend my stay here in UK.. I just arrived here in Scotland on a fiancee visa and we are planning to get married, I still dont have any idea on what to file next to extend my stay here. I hope I can also pass the english language test, LoL! or do I really need to take that exam inorder for me to stay here longer?? I filed my fiancee visa before the new policy introduced and havent take that english language test in the Philippines. :Erm::Erm:

[Terpe]

and now Im confused on how to extend my stay here in UK.. I just arrived here in Scotland on a fiancee visa and we are planning to get married, I still dont have any idea on what to file next to extend my stay here. I hope I can also pass the english language test, LoL! or do I really need to take that exam inorder for me to stay here longer?? I filed my fiancee visa before the new policy introduced and havent take that english language test in the Philippines. :Erm::Erm:

If you are here in UK on a Fiancee visa you MUST get married AND then apply for FLR BEFORE expiry of your visa. ALSO be aware that you MUST pass English Language test before you can apply for FLR.

My advice is not to count on or expect any automatic extension of your fiancee visa.
It is not always granted (as can be seen in this thread)

[joebloggs]

If you are here in UK on a Fiancee visa you MUST get married AND then apply for FLR BEFORE expiry of your visa. ALSO be aware that you MUST pass English Language test before you can apply for FLR.

My advice is not to count on or expect any automatic extension of your fiancee visa.
It is not always granted (as can be seen in this thread)

what you need to do as terpe has said is pass the english language test asap becuase you canot apply for FLR without your pass cert, get married and apply for FLR(M) before your visa expires.

[sars_notd_virus]

now i'm confused :Erm::doh

:D

no if your on a spouse visa you dont need to take the new english language test (A1 test) if your in the UK and are going to apply for ILR.

but you need to pass the 'life in UK ' test b4 you can apply for ilr, to pass that you can take the test or attend a ESOL course with citizenship context

aww sweet, thank you Joe!! ...you know it confuses me a lot when it involves giving money out on leeches :D

[gWaPito]

Ah Sweet Joseph indeed! We can all see his reps are all merited. :xxgrinning--00xx3::D