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Alice H
Alice H, Solicitor Advocate
Category: Immigration Law
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Experience:  Partner in national law firm
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UK Spouse Visa

Customer Question

My UK Spouse Visa expired 03/02/13 and I didn't realized it. What should I do?

Submitted: 3 years ago.
Category: Immigration Law
Expert:  Alice H replied 3 years ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

When did you enter the UK?

What are your present circumstances?
Customer: replied 3 years ago.


I entered UK last 03/11/2010. I was about to book for y Life in the Uk Test. There and then take noticed that my UK Spouse Visa has expired last 03/02/13

Expert:  Alice H replied 3 years ago.
Hi

Obviously its unhelpful that the visa has expired.

However if you make an application to renew the visa within 28 days e.g. 2nd March 2013, then it should not cause too much difficulty for you.

You can apply to renew the visa using form FLR(M). Here is a link to UKBA with the form and guidance:

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/applying-in-uk/

You will see from the notes that a period of overstaying of less than 28 days will not be taken into account.

It seems from the information you have given that you may not yet be eligible for ILR because you cannot satisfy the language requirement. Therefore, the best way forward is to extend the visa and apply for ILR on a later date.

Alex

Alice H, Solicitor Advocate
Category: Immigration Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

ILR is one of the requirements when applying for a visa. I have not read anywhere from the policy that it can be applied in the later date as an option. If there is a guarantee that it is possible, then I can come for my appointment on the 14th of feb.

Expert:  Alice H replied 3 years ago.
I'm not clear what you mean by your appointment on 14th.
Customer: replied 3 years ago.

Pls ignore my previous reply.


 


What I mean is, IELTS or ESOL is one of the major requirements whenever you apply for a spouse visa or even for an extension of your spouse visa.


It was stated on the immigration law/policy that if a spouse visa has expired for weeks, a person cannot apply for an ILR, instead he could apply for an extension w/ form FLR(M).


 


The dependants visa was ammended in Nov 2010, mandating all applicants to take the IELTS or ESOL exam. I came to the UK before was required.


 


My problem is if I come for an appointment at the Home office with my FLR(M) applications without the english language exam, will I be wasting money and time?


 


 

Customer: replied 3 years ago.

I have booked for an appointment at the Home Office on the 14th of Feb to submit the form FLR(M), thinking that I am just requesting for an extension and I got all the requirements necessary, it would be an easy resolution. When I was nearly finishing filling up the form, I saw the English Language test as part of the requirements.


Then I realized that I am in trouble!


 


 

Expert:  Alice H replied 3 years ago.
Hi

I have double checked the rules about seeking an extension of the spouse visa.

You are correct: since November 2010 you must complete the Life in the UK test for an extension.

I will opt out as another expert may be able to help you.

Alex
Customer: replied 3 years ago.

Please do not confused yourself with the Life in the UK Test and the IELTS (International English Language Testing System).


 


They are far different from each other.


 


You don't have to take the Life in the UK test if you are just applying for an extension of your spouse/dependants visa.


 


Life in the UK test is a requirement for the ILR and citizenship.

Customer: replied 3 years ago.
Ok. Does she or he can sort out my problem?
Expert:  UKSolicitorJA replied 3 years ago.

Hello,

You are required to meet the English language ability for the extension and I suggest you take immediate steps to obtain this before you apply, otherwise you will be wasting your time on 14th February unless there is a compelling reason.

I suggest you take the test and postpone your application date or lodge it by post.

 

English language evidence:

 

 

Evidence of passing an English language test in speaking and listening must take the form of either:

(a) a certificate that:

(i) is from an English language test provider approved by the Secretary of State for these purposes as specified in Appendix O of these rules
(ii) is a test approved by the Secretary of State for these purposes as specified in Appendix O of these rules
(iii) shows the applicant's name;
(iv) shows the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference); and,
(v) shows the date of award.

Or,

(b) a print out of the online score from a PTE (Pearson) test which:

(i) is a test approved by the Secretary of State for these purposes as specified in Appendix O of these rules;
(ii) can be used to show that the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference); and,
(iii) is from an English language test provider approved by the Secretary of State for these purposes as specified in Appendix O of these rules

28. The evidence required to show that a person is a citizen or national of a majority English speaking country is a valid passport or travel document, unless paragraphs 29 and 30 apply. A dual national may invoke either of their nationalities.

29. If the applicant has not provided their passport or travel document other evidence of nationality can be supplied in the following circumstances only (as indicated by the applicant on their application form):

(a) where the passport has been lost or stolen;
(b) where the passport has expired and been returned to the relevant authorities; or
(c) where the passport is with another part of the UK Border Agency.

30. Alternative evidence as proof of nationality, if acceptable, must be either:

(a) A current national identity document; or
(b) An original letter from the applicant's Home Government or Embassy confirming the applicant's full name, date of birth and nationality.

31. Evidence of an academic qualification (recognised by NARIC UK to be equivalent to the standard of a Bachelor's or Master's degree or PhD in the UK) and was taught in English must be either:

(a) A certificate issued by the relevant institution confirming the award of the academic qualification showing:

(i) the applicant's name;
(ii) the title of award;
(iii) the date of award;
(iv) the name of the awarding institution; and,
(v) that the qualification was taught in English

Or,

(b) If the applicant is awaiting graduation or no longer has the certificate and cannot get a new one, the evidence must be:

(i) an original academic reference from the institution awarding the academic qualification that;

(1) is on official letter headed paper;
(2) shows the applicant's name;
(3) shows the title of award;
(4) confirms that the qualification was taught in English;
(5) explains when the academic qualification has been, or will be awarded; and
(6) states either the date that the certificate will be issued (if the applicant has not yet graduated) or confirms that the institution is unable to re-issue the original certificate of award.

or

(ii) an original academic transcript that

(1) is on official letter headed paper
(2) shows the applicant's name;
(3) the name of the academic institution;
(4) the course title;
(5) confirms that the qualification was taught in English; and,
(6) provides confirmation of the award.

32. If the qualification was taken in one of the following countries, it will be assumed for the purpose of paragraph 31 that it was taught in English: Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Ireland, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, the UK, the USA.

 

 



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