ILR Advice needed

[briancol]

Thanks, Marksroomspain & Raynaputi for your help & advice. Yes, I've just d/loaded the FLR form - all 52 pages of it. One more question for now, on the form it asks for her p/port details, but since she has recently renewed her p/port into her married name, but it has no visa in it, which information do I give them on the form, as the application is in her married name but the visa and original p/port is in her maiden name. I know I can send them both p/ports along with the application but which do I put on the app form?

Thanks.

[raynaputi]

You need to put the details of the new passport. Regarding the maiden name, you can put that in the other names known. Details of the old passport will also be asked in the form.

[briancol]

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.

Ah, so you're saying she can apply anytime from around the 10th of May (that's 28 days before she's 2 years here) till her visa runs out on 16th August?

[raynaputi]

Ah, so you're saying she can apply anytime from around the 10th of May (that's 28 days before she's 2 years here) till her visa runs out on 16th August?

YES!

But just make sure UKVI will get her application before 16th August or else, it will be classified as late application and will be refused.

[briancol]

One more question folks, (for now) On the app form it asks for p/port and visa details, but since she got here my wife has got a new p/port in her married name, no visa in it, but her visa and older p/port (still valid) is in her maiden name.

I know I can send both p/ports in with the application form but which one do I put down on the app form, (shes applying for ILR in her married name).

Also Raynaputi does that mean she has from around the 10th of May (28 days b4 her 2 years are up) until the 16th August when her Visa runs out to apply?

Thanks for your help & advice everybody.

[raynaputi]

One more question folks, (for now) On the app form it asks for p/port and visa details, but since she got here my wife has got a new p/port in her married name, no visa in it, but her visa and older p/port (still valid) is in her maiden name.

I know I can send both p/ports in with the application form but which one do I put down on the app form, (shes applying for ILR in her married name).

Also Raynaputi does that mean she has from around the 10th of May (28 days b4 her 2 years are up) until the 16th August when her Visa runs out to apply?

Thanks for your help & advice everybody.

I've answered both your questions on posts #32 and #34 above.

By the way, her old passport will be invalid now since she already has her new passport. Didn't the Philippine Embassy advised her to put holes on the old passport's cover once she received the new passport? If not, then put holes on it coz it's already invalid.

[briancol]

Thanks Raynaputi - sorry, I didn't realise I'd put that last question already,.thanks for all your help & advice. (everyone)

[Michael Parnham]

Whatever happens Brian don't worry, it will all come out in the wash, all the best to both of you!

[briancol]

Thanks Michael

[bigmac]

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.

Whoops

I think you need to sort that out--unless benefit rules are different in NI.

[briancol]

Hi all, I'm back again already - problem with the visa extension application.

In Section 7A - Financial Requirements - it says "if you were granted leave to enter or remain as a partner following an application made before 9th July 2012 you are not required to complete section 7A, proceed to section 7B", Maintenance.

But in 7B it says "you only need to complete this section if,

(i) You qualify for an exemption from meeting the income threshold element of the financial requirement.

(ii) You were granted leave to enter or remain as a partner under Chapter 8 of the Immigration Rules following an application submitted before 9 July 2012.

I'm not sure what they are saying there. I've no idea what Chapter 8 is about. Can anyone tell me if I need to answer these questions? (my wife arrived here on 7th June 2012).

Help please.

[Terpe]

....I'm not sure what they are saying there. I've no idea what Chapter 8 is about. Can anyone tell me if I need to answer these questions? (my wife arrived here on 7th June 2012).

Help please.

Brian, what it means is that if your original visa application was made prior to 9 July 2012 then you do not need to comply with the Financial Requirement of income threshold.

[marksroomspain]

Section 7B Brian thats the correct one for your wife...

[briancol]

I know I don't need to fill in section 7A of the app form, but do I need to complete section 7B? I just hate to give them financial info if I don't need to. Thanks.

[Terpe]

I know I don't need to fill in section 7A of the app form, but do I need to complete section 7B? I just hate to give them financial info if I don't need to. Thanks.

Brian, you will need to complete section 7B if you're applying on form FLR(M)

FLR(M) at section 7A states:-

If you were granted leave to enter or remain as a partner following an application made before the 9th July 2012 you are not
required to complete section 7A, Proceed to 7B MAINTENANCE.

FLR(M) at Section 7B states:-

You only need to complete this section if:
(i) You qualify for an exemption from meeting the income threshold element of the financial requirement.
(ii) You were granted leave to enter or remain as a partner under Chapter 8 of the Immigration Rules following an application submitted before 9 July 2012.

Chapter 8 of the Immigration Rules are concerned with Family Members (Spouses, Civil Partners, Unmarried and same sex relationships, Children and Dependant relatives)

Your wife was granted leave to enter UK under Chapter 8 of the Immigration Rules following an application submitted before 9 July 2012.

[briancol]

Ok, thank you Terpe.

[Terpe]

Brian, I do hope you wife will secure the needed B1 English Language and that the ILR application can be submitted.

You wife's current spouse visa expires on 16 August 2014 which is a Saturday....so that means she'll need to post it on 15 August latest. It's tight I know but if that's the timing then not much to be done about that.

I'd suggest having with chat with her ESOL course tutor to explain the situation and setting out a plan of when and how your wife could arrange to receive her certificate.
If that plan doesn't sound like it's going to happen then she's no choice but to apply for extension of leave on FLR(M).
That'll give up to 2 years extension but will take out all the pressures.
Your wife will be eligible to apply for ILR at any time after she gets her B1 no need to wait for the full 2 years.

Good luck Brian, keep us updated.

[briancol]

Terpe, the 2 years will be up on 6th June and I think it will be just after that date when she takes the exam/test. Not sure when she will get the results, hopefully b4 her visa runs out on 16th August. We are thinking of putting in for a visa extension, that will take the pressure off, but I will talk to her tutor next week if I can. See what he says about exam date. Thanks

[Terpe]

....I will talk to her tutor next week if I can. See what he says about exam date. Thanks

Yes please do that.....it might save you quite a sum of money and some hassle.
If the Tutor cannot guarantee the certificate in time then no point in waiting.

I do understand the feeling Brian.....me and the wife had some dark moments and tight spots with those immigration folks...
There was a time we were visiting London every week......different requirement every time Really made us crazy......and broke

[briancol]

Thanks Terpe. At least we get plenty of advice & support from this site, we'd be lost at times without it

Thanks again.

[briancol]

Brian, what it means is that if your original visa application was made prior to 9 July 2012 then you do not need to comply with the Financial Requirement of income threshold.

I spoke to my wife's tutor and he says the exam will be around the middle of June but results will probably be nearer August so we are just going to apply for visa extension. My wife's here from 7th June 2012, so can apply for the extension from 10th May, is that right?

Also, if we do not need to meet the new financial requirements then do I still need to answer the financial questions on SECTION 7B MAINTENANCE 7:5, 7:6 & 7:7?

Also, Section 8 asks about English Language documents, do I just leave it blank as she doesn't have those documents, hence the visa extension application.

Then the documents required with the app submission, all we have are a few bank statements for the past few months in our separate names, not joint statements, no bills of any kind as the utilities are not in my/our name.

[briancol]

?

[Terpe]

I spoke to my wife's tutor and he says the exam will be around the middle of June but results will probably be nearer August so we are just going to apply for visa extension. My wife's here from 7th June 2012, so can apply for the extension from 10th May, is that right?

There's no mandatory qualifying/probation period of UK residence so in principle you can apply for FLR(M) at anytime before expiry of current visa.

Also, if we do not need to meet the new financial requirements then do I still need to answer the financial questions on
SECTION 7B MAINTENANCE 7:5, 7:6 & 7:7?

Yes you still need to complete Section 7B
This section is for those who are either exempt or who submitted their visa application before 9 July 2012.

Also, Section 8 asks about English Language documents, do I just leave it blank as she doesn't have those documents, hence the visa extension application.

Under Question 2.3 tick the box that states "You require further leave to remain to obtain the relevant qualifications to meet the Knowledge of Language and Life in the UK (KOLL) requirements to apply for indefinite leave to remain"

I suggest you include an explantion in section 8B and also in a covering letter.
Briefly state her current timetable of study and test.

Brian, please note that your wife needs to submit her current English Language documentation to show that she has a level A1 passing grade. This is a requirement of FLR
What specific test did she undertake in order to get her UK visa?

Then the documents required with the app submission, all we have are a few bank statements for the past few months in our separate names,
not joint statements, no bills of any kind as the utilities are not in my/our name.

There's no mandatory requirement to demonstrate 2 years co-habitation for FLR(M) for spouses.
However I do suggest you submit whatever you have.
You'll need to work on this aspect anyway for future ILR.

Here's some ideas:-

Driving License
TV License
Electricity Bills
Gas Bills
Water Bills
Council Tax Letters/Bills
Bank/Building Society statements
Bank/Building Society letters
Marriage Certificate
Registry Office Letters
NHS medical cards
Letters from GP/Medical Centre
Sports club membership cards
Insurance Quotes
Letters from Church Organisations
National Insurance appointment letters
HMRC Communication/Letters (eg Tax Codes, P60's etc)
Personal letters from friends/family etc
Telephone/Internet bills/letters/statements
Mobile phone bills/letters/statements
Online shopping details of name/address
Tenancy agreement(s)
Letters or other documents from government departments or agencies.
Letters from Dept of Work and Pensions, DVLA etc
Letters from UKVI / Home Office

[briancol]

Brian, please note that your wife needs to submit her current English Language documentation to show that she has a level A1 passing grade. This is a requirement of FLR
What specific test did she undertake in order to get her UK visa?

Thanks for the reply Terpe, ive been going over the application form and looking websites concerning visas,its driving me up the wall, one place it seems to say the A1 certificate is all that's needed then else where its a B1, theres so many rules and regulations its confusing,.
the certificate she has is Cambridge ESOL entry level certf in ESOL INTERNATIONAL (Entry 1) - council of Europe level A1.

[Terpe]

Brian, your wife needs level A1 minimum for FLR(M) application so looks like she's OK

Level B1 is only required for ILR and Naturalisation

[briancol]

Ah, ok Terpe, thanks for your help & advice.

[briancol]

My wife got her English Exam (ESOL) Results today. Passed all 4 subjects. Thank the Lord! Now the next - and hopefully the last - hurdle, applying for ILR.

Could anyone tell me is there an actual certificate to come or is what she got in the post today it?

Thanks.

[briancol]

No replies? Where's Therpe?

[Arthur Little]

No replies? Where's Therpe?

Terpe's got a lot on his plate at the moment, Brian ... so please be patient and keep checking here early in the day.

[briancol]

Arthur I just wanted to know if there's a certificate to come or is the paper work confirming her pass all she needs.

Do you know?

Thanks.