FLR M Extension or ILR?

  • My wife has been in the UK since Feb 2010.

    1. She came to the UK as Tier 4 dependent, when I was a student.
    2. In October 2010, she was granted Tier1 dependent
    3. In September 2012, she got Tier-2 PBS dependent visa
    4. In August 2015, she got spouse visa (after I was granted ILR as 10 year long residence)

    Her current spouse visa expires on 02 March 2018. She has been in the UK for 8 years (in Feb 2018)

    The question I have is, can she apply for ILR (as she spent 3 years PBS dependent and 2.5 years on spouse visa of settled person)? or should she apply for FLR M for further extension to build 10 years and then apply for ILR?

    Thank you.

  • Immigration Adviser

    Hi @SJ3072018

    Unfortunately, your wife would have to extend her spouse visa. She must spend 5 years in the UK under this route before being eligible to make an application for ILR on this basis.

    From the information you have provided she would reach 10 years residence in the UK before she reaches 5 years as a spouse, therefore it would be entirely her decision as to which ILR application she makes in 2 years time.

  • Thank you.

    I'll prepare for spouse visa renewal.
    She passed "Life in the UK" test in March 2013 and passed ESOL Entry 3 tests in March 2014. I read in a forum that home office no longer accepts ESOL test results. Is this true? Can't she use the ESOL English language certificates she used in the previous visa application? Also, can she use the "Life in the UK" certificate now or does it has validation period?

  • Immigration Adviser

    That's correct, the Home Office would not accept the ESOL certificate. She would need to pass a relevant English language test to CEFR level A2.

    There is currently no expiration date on life in UK test certificates.

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