How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ivorylounge Your Own Question
ivorylounge
ivorylounge, Lawyer
Category: Immigration Law
Satisfied Customers: 33007
Experience:  Over 25 years experience in law
27487359
Type Your Immigration Law Question Here...
ivorylounge is online now

My husband's discretionary visa is due to expire in just

Customer Question

Hi, my husband's discretionary visa is due to expire in just over two weeks time, he has been in the uk since 2009, does he still need to do the koll test to get settlement as i have previously read that you do not need to if you have completed 6 years on a discretionary visa. He does have an listening and speaking esol qualification. Also if we cant apply for settlement, then should we use another form instead of set o, ie further leave to remain, what road would this take us down?
Yours sincerelyA very stressed out wife!
Submitted: 1 month ago.
Category: Immigration Law
Customer: replied 1 month ago.
Also we have two children who were born in the uk and have been married for 14 years. His his current discretionary visa expires on 6th sept 2017. Meant to look at this sooner but had some family illness going on. Did try to do uk test before that is why we are on the discretionary route. Though he did do this other english course as he knew colleagues who had completed this course and had been granted settlement but that was in 2011. We do not have time now to study as there is no time and he will not pass the uk test even if he tried at short notice. Also there is Brexit to consider. I am totally stressed out and now don't know what to do!
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 month ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 month ago.
Sorry, i have been waiting more than 10 minutes for a response? My nerves need some calming!
Customer: replied 1 month ago.
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 month ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  ivorylounge replied 1 month ago.

Let me see if I can help. A person who has spent six years under the discretionary leave to remain can apply for indefinite leave to remain in the UK. An application for indefinite leave to remain on the basis of six years under the discretionary leave to remain can be submitted to the Home Office 28 days before completing 6 years residence.

If you were previously granted discretionary leave as a result of FLR (O) application, you can then apply for indefinite leave to remain by using the application Form SET (O).

If you were granted discretionary leave as a result of refusal of your asylum claim, you can apply for indefinite leave to remain by using Application Form HPDL. You do not need to do the KOL if applying after 6 years discretionary - see this link for further guidance - https://www.whatdotheyknow.com/request/16989/response/54524/attach/4/knowledgeoflifeuk.pdf

Please rate positive.

Customer: replied 1 month ago.
For sure this is definitely true no koll is needed? Just to apply on set o form with all the other relevant info but does not require an english certificate or koll?
Thank you so much for this help.
Expert:  ivorylounge replied 1 month ago.

Yes. Hence the link. Please can you rate positive.

Expert:  ivorylounge replied 1 month ago.

I hope that this answered your question and I will be able to help further.. Justanswer works on people giving ratings. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 month ago.
This information you are giving me is up to date? Just so worried about it all!
Thank you. I will then rate this as positive
Expert:  ivorylounge replied 1 month ago.

Yes. Hence also sending you the link.

Customer: replied 1 month ago.
Just i couldn't see a date, just want to be thorough as it's a lot of money to lose obviously. Where do i go to rate you, or do i just do it on here?
Expert:  ivorylounge replied 1 month ago.

It is the most uptodate information I have seen on the point. You just rate on site. Thanks

Expert:  ivorylounge replied 1 month ago.

You can give your rating by selecting the five stars located on the top right of the question page.

Customer: replied 1 month ago.
Well i rate you 5 stars then! When i called the home office they told me my husband needed to have both the uk test and an english certificate, or is this just standard. Also on the settlement application form it is unclear and asks for both but as you say my husband is exempt it should be ok? Thank you for your help.
Customer: replied 1 month ago.
I see i will rate you at the top of this page.
Expert:  ivorylounge replied 1 month ago.

Thanks

Customer: replied 1 month ago.
Sorry, did you see my previous response?
Expert:  ivorylounge replied 1 month ago.

I would suggest that you provide the caseworker with the information which I have provided you with so that they are aware of their rules and the basis of your application.

ivorylounge and other Immigration Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you. Feeling a little bit calmer now, just need to start printing off that form!
Customer: replied 1 month ago.
Sorry, i missed the call
Expert:  ivorylounge replied 1 month ago.

my pleasure