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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7408
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have my ILR, I previously had a tier 2 General employer sponsored

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I have my ILR, I previously had a tier 2 General employer sponsored permit along with my wife who was my dependent. I received the my ILR but my wife took the life in the UK test twice and failed it, which means she did not meet all the requirements to apply along with me. My wife's permit expire in 2014.
I would like to know how long my wife to pass the test before she is affected.
Is her current permit invalid now since she was my dependent and my current status has changed?
The only issue is she has not managed to pass the life in the UK test, other than that she, she meets all the other criteria. What are our options?

Thanks for your patience.

If you now have ILR then you have ceased to be a Tier 2 migrant. You are now a “settled person”. This means that your wife’s visa is technically invalid because the basis for it (ie. that you are a Tier 2 migrant) no longer exists.

This means that she should apply now for Further Leave to Remain on the basis of your marriage. She can do this by submitting form FLR(M) to the UKBA:-

She will have to pass the English language test though, which I presume she can.

Her status is not at risk provided that she applies for FLR based on your relationship within a reasonable time from last having applied for ILR or last taking the test.

Obviously, her period of residence will be maintained so she can study a bit more under the FLR granted to her by this new application and eventually pass the test. Once she has passed the test she can apply immediately for ILR and will be successful provided that she otherwise meets the eligibility requirements.

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Kind regards,

Customer: replied 3 years ago.

my concern is what is considered to be a reasonable amount of time? is it a month, 6 months? a figurative time would help?


Where is her home country? ie. of her nationality?

When was the last time she applied for ILR?

When did you get ILR?

When was the last time she took the test?

Customer: replied 3 years ago.

Home country is USA

She has not applied for the ILR since she failed the test

I received the ILR three weeks ago

She took the test three weeks ago


Right, that would be absoutely fine. I was worred it might be something great than 8 months or so.

Provided that she submits her application for FLR(M) I would expect that there would be no objection raised by the UKBA.

However, I woudl submit a statement from her explaining that the slight delay is as a result of her attempts to pass the test in order to apply for ILR and that it would be unreasonable and disproporationate to regard this a a breach of the immigration rules which requires her to return to the US only to make an application for FLR which is approved a matter of weeks late.

She should be fine.

Please rate my answer.

Kind regards,

Thomas, Solicitor
Satisfied Customers: 7408
Experience: BA (Hons), PgDip, Practising Solicitor
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