ILR Advice needed

[Trefor]

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?

[raynaputi]

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.

[aprilmaejon]

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.

[raynaputi]

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.