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UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 4312
Experience:  English Solicitor and UK Immigration Law Expert
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Hello,my wife who is Thai is here in the uk on a spouse visa

Resolved Question:

Hello,my wife who is Thai is here in the uk on a spouse visa that ends on 19/01/2012.It has been difficult for her and she was very homesick and was adamant she wanted to return back to Thailand once the visa ends.However she has changed her mind and we are going to apply for further leave to remain which is almost complete apart from her English Speaking Test,she has passed the A1 listening test.Due to us missing the speaking test on the 14th December the only avaliable test is on the 17/01/2012,this being very close to the expiry of her current visa.What are my options please?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 5 years ago.

Thank you for your query. When did she first enter the UK on her current visa?
Customer: replied 5 years ago.
Her visa start date is 19/10/09 her entry to the uk was 25/11/2011.
Expert:  UKSolicitorJA replied 5 years ago.
Did she first enter the UK on 25/11/2011 or 25/11/2009?
Customer: replied 5 years ago.
Sorry it is 25/11/2009.
Expert:  UKSolicitorJA replied 5 years ago.
Thank you.

As long as she receives her original English language test certificate in speaking and listening form on the 17th January 2012, you may post her application for further leave to remain on the 18th or 19th of January 2012 (please keep proof of posting) and she will be fine.

She may only apply for settlement here if she has passed the knowledge of language and life in the UK test.

Customer: replied 5 years ago.
The test is on the 17/01/2012 im not sure if the certificate will be avaliable on that same day.If this is not the case will that be a problem if it arrives a week or so later?
Expert:  UKSolicitorJA replied 5 years ago.
The certificate should be issued on the same day if she passes, please confirm this with the test provider. You may confirm this straight away.

If it does not, you may post the application without the certificate and write a covering letter that you did not receive the certificate on the day of the test and send it later as soon as it is received.

Good luck and please press Accept
UKSolicitorJA and other UK Immigration Law Specialists are ready to help you
Expert:  UKSolicitorJA replied 5 years ago.
I have just confirmed with the UK Border Agency and your wife is able to apply for an extension on form FLR(M) even without the English language test as she has already been here for 2 years on a spouse visa.

The extension is to give her time to qualify for the like in the UK test and language requirements, as soon as she passes the same, she can apply for indefinite leave to remain in the UK.

Hope this helps

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