Flr (m) refused

[junior02]

Can anybody give advice on this. Wife applied 5wks ago flr(m) today had refusal letter stating that she has not passed life in uk test, wife got her visa november 2010 and arrived march 2011 under old rules, we told them why she hadnt done life in uk test and thats why she applied flr and not ilr. They have given her permission to stay for 30 months under human rights as we have kids that are brit citizens (goodnews) bad news is they said my wife has to in order to qualify for settlement she must have completed a continuous period of at least 120 months 10YEARS so more visa applications and lots of money, so that means 10years before she can apply ilr, which she was going to apply for in 2years wen the flr runs out.It seems that her application was done on new rules, problem is it states she has no right of appeal this decision where an applicant still has leave to enter or remain in uk. Any member been in same situation or any advise.

[Arthur Little]

Any member been in same situation

Not to MY knowledge ... it's a "new one" on me, I'm afraid. I certainly would've thought that by this stage, your wife would normally have been eligible to apply for ILR. But, of course, she'd need to pass the 'Life in the UK Test' before doing so. Did she ever actually take the test ... and if not, WHY not?

[joebloggs]

what did you include with your application
evidence she passed the English language requirement ?

also did you supply at least six documents from at least three different sources in your single or joint names at the same address proving that you are and have been living together throughout the previous two years?

[junior02]

Not to MY knowledge ... it's a "new one" on me, I'm afraid. I certainly would've thought that by this stage, your wife would normally have been eligible to apply for ILR. But, of course, she'd need to pass the 'Life in the UK Test' before doing so. Did she ever actually take the test ... and if not, WHY not?

Thanks for reply arthur. My wife didnt do life in uk test due to several reasons her mum died my wife nearly died here she was in ICU and we moved house, so she had no time and mentally not in good state to do LI UK, i explaind that in letter, and thats reason (AND IT CAN BE REASON) for doing FLR and not ILR, As one of the the requirments to apply flr is for people that cant apply ILR due to not doing LI UK, like it says in help notes, just cant understand why she has to be here now for at least 10yrs b4 she can apply settlement which states on refusal letter..

[junior02]

what did you include with your application
evidence she passed the English language requirement ?

also did you supply at least six documents from at least three different sources in your single or joint names at the same address proving that you are and have been living together throughout the previous two years?

sent all required docs she hasnt done kol as flr(m) dose not require kol but thats why they refused it, i dont understand.

[joebloggs]

the refusal letter doesn't mention any other reason for the refusal apart from not supplying a 'life in uk' test pass certificate

[junior02]

the refusal letter doesn't mention any other reason for the refusal apart from not supplying a 'life in uk' test pass certificate

Yes joe thats the only reason for the refusal not doing life in uk test,all i can do i think is right a letter of reconsideration even though they must of made mistake.

[joebloggs]

133.
Those who, before 9 July 2012, have applied for initial or further leave under
the rules in force prior to that date will, if they qualify for it, be granted leave
under those rules and will continue to be dealt with under those rules through
to indefinite leave to remain if they qualify for it
(including those who have
applied for leave as a fiancé(e) or proposed civil partner), subject to the requirement
from October 2013 to pass the Life in the UK test and present an English language
speaking and listening qualification at B1 level or above to qualify for settlement. The
new criminality thresholds will also apply to such cases.

http://www.ukba.homeoffice.gov.uk/si...oi-fam-mig.pdf

from what you've said it look like they've made a mistake.

[junior02]

133.
Those who, before 9 July 2012, have applied for initial or further leave under
the rules in force prior to that date will, if they qualify for it, be granted leave
under those rules and will continue to be dealt with under those rules through
to indefinite leave to remain if they qualify for it
(including those who have
applied for leave as a fiancé(e) or proposed civil partner), subject to the requirement
from October 2013 to pass the Life in the UK test and present an English language
speaking and listening qualification at B1 level or above to qualify for settlement. The
new criminality thresholds will also apply to such cases.

http://www.ukba.homeoffice.gov.uk/si...oi-fam-mig.pdf

from what you've said it look like they've made a mistake.

Thats what i was thinking mistake, what would be the best way to contact them regarding this just a normal letter or calling ther helpline (if i can get through) or a reconsideration letter that i can only send once. I tell you it cheeses me off we pay all this money and get service like this, the uk border agency are a joke. i think they charge us all this money so the goverment can pay benefits to the eastern europeons that come here visa free..

[Terpe]

Junior,

Did your wife ever take and pass the English Language Test to level A1?
If yes it is still valid ? (some only have 2 years validity)
Did she include a valid pass certificate with the application? (Section 8 FLR(M))

If she did not then when does the current FLR(M) actually expire?

Can you find time available to have her pass an English Language Test at A1 level?

If yes, then arrange for her to do that test.
Submit FLR(M) application by registered post before existing leave expiry.
Follow up soonest with the English language A1 certificate.

This page describes the English language requirement for non-European migrants who are applying to enter or remain in the UK as the husbands, wives and civil partners of British citizens and people settled here.

Applicants for visas and permission to remain in the UK (known as 'leave to remain') must meet this requirement, unless they are exempt (see below). The requirement was introduced on 29 November 2010.

[junior02]

Junior,

Did your wife ever take and pass the English Language Test to level A1?
If yes it is still valid ? (some only have 2 years validity)
Did she include a valid pass certificate with the application? (Section 8 FLR(M))

If she did not then when does the current FLR(M) actually expire?

Can you find time available to have her pass an English Language Test at A1 level?

If yes, then arrange for her to do that test.
Submit FLR(M) application by registered post before existing leave expiry.
Follow up soonest with the English language A1 certificate.

Terpe, my wife has not done life in uk, she dosnt need to. she came here march 2011 on spouse visa, so she is under old rules and she has already been here long enough for settlement. Life in uk test is not a requirment for flr(m) in fact its 1 of the requirments NOT passing life in uk test to be able apply flr(m) which was giving in flr application and why my wife didnt apply ilr settlement.. they have made big mistake.

[shandylove]

Sorry to hear about your wife refusal, im just only wonder as what you've said she's here in the u'k as spouse visa last 2011. If her spouse visa nearly expired i think shes not FLR(m), maybe she is on ILR form i suppose. Hope everything goes well very soon..

[Terpe]

Terpe, my wife has not done life in uk, she dosnt need to. she came here march 2011 on spouse visa, so she is under old rules and she has already been here long enough for settlement. Life in uk test is not a requirment for flr(m) in fact its 1 of the requirments NOT passing life in uk test to be able apply flr(m) which was giving in flr application and why my wife didnt apply ilr settlement.. they have made big mistake.

Junior,
Please read my post again.

I never at any time mentioned Life in UK Test.
I never at any time mentioned new rules or old rules.

I'm talking about English Language Test at level A1

Since 29 November 2010 there has been a requirement for English Language Test
Take a look at FLR(M) Section 8

For FLR(M) you need English Language Test A1 level.

My opinion is that the FLR(M) failure is due to non-compliance with Section 8

Without that the FLR(M) will fall for failure.

Please consider my original suggestion.

Are you able to inform here on the exact wording of the refusal?

I stand to be corrected, but as far as I understand the rules there is NO REQUIREMENT for LIUK for FLR(M)
BUT there is a clear requirement for English Language A1
That's why I ask.

I can inform you I have recently heard about a case where the person applied for FLR(M) extension INSTEAD of ILR for other reasons (criminal offence) the extension to stay was granted.

[junior02]

Junior,
Please read my post again.

I never at any time mentioned Life in UK Test.
I never at any time mentioned new rules or old rules.

I'm talking about English Language Test at level A1

Since 29 November 2010 there has been a requirement for English Language Test
Take a look at FLR(M) Section 8

For FLR(M) you need English Language Test A1 level.

My opinion is that the FLR(M) failure is due to non-compliance with Section 8

Without that the FLR(M) will fall for failure.

Please consider my original suggestion.

Are you able to inform here on the exact wording of the refusal?

I stand to be corrected, but as far as I understand the rules there is NO REQUIREMENT for LIUK for FLR(M)
BUT there is a clear requirement for English Language A1
That's why I ask.

I can inform you I have recently heard about a case where the person applied for FLR(M) extension INSTEAD of ILR for other reasons (criminal offence) the extension to stay was granted.

terpe you are correct. i didnt no that english language test certificate was diff to lif in uk my f...up they dont make it clear,but why dose she now have to be here for 120months b4 she can apply settlement. anyway im not bothered anymore im not given the uk border agency anymore money so my wife will be illegal immigrant,they cant send her back as we have kids, wifes not bothered about going back to phils, wer going october and she said thats enough until she retires.. thanks again for info..

[joebloggs]

if not for your child she would have probably been refused the ILR 10 Years Family Route