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Thread: ILR issues

  1. #1
    Rookie มือใหม่
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    Default ILR issues

    Hi , Can anyone advise me on a permitted timeframe to overstay on a FLR visa while trying to obtain the Life in the UK test and English B1 test .

    I Unfortunately misunderstood the requirements for ILR application believing that as my wife is dependent on me she was exempt from doing these tests . I have.since found out she needs to pass them so we booked a B1 test but unfortunately she failed mainly due to nerves . The biggest issue is the FLR expires on the 31st of July and we already completed the ILR online and have paid £2408 but did not book an appointment as we were going to collate the required paperwork first .

    I will be writing to the refund department to see if they will refund my £2408 and instead apply for another FLR which is not what we wanted to do but that will give us time to do the life in the uk test and B1 English test . I believe they should refund the money as no work has been done on the application as we have not made an appointment or supplied any supporting documents.

    The ideal scenario would be they would give us an additional 28 or 30 days to pass the tests as I believe my wife could pass in that time with some intense study and as this will be are 8th visa this is the only requirement we do not reach .

    Sorry for the long explanation but what I am really asking is does anyone know of them showing any leniancy or should I just give up and do another FLR ?

    I know they will say all the information is on the website but for someone only educated to a high school level it is very hard to read and it seems harsh to deny are application just for this .

    Many thanks for any advise

    Stuart and Ploy

  2. #2
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    Default

    Quote Originally Posted by stuart-doug View Post
    The ideal scenario would be they would give us an additional 28 or 30 days to pass the tests as I believe my wife could pass in that time with some intense study and as this will be are 8th visa this is the only requirement we do not reach .
    Up until late 2016, the home office allowed a 28 day grace period without the requirement of giving a reason for a late application. This has now been replaced with a stricter, 14 day and good reason rule.

    So at best, you would have to apply by the 14th August, that's if they except you had a good reason.

  3. #3
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    Thanks Greg & Pairin

    We appreciate your reply and the 14 days is something I have read on some immigration lawyers website , I was probably just hoping it may be 28 days . We will crack on and try to do the tests and see what happens , it would be interesting to know how they treat overstayers .Will they crackdown hard on people in our circumstance and would they potentially refuse our lLR application with all tests passed just because it was 3 weeks late ?

  4. #4

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    I think you need to get another FLR application in or get your wife through LITUK and B1 fast. If you can, submit it before her current visa runs out.

    Which language test does she currently have? If she has A1 test, she will need to take an A2 test or B1 for another FLR. For ILR, the B1 test needs to be passed.

  5. #5
    Veteran ผู้มีประสบการณ์ toddmeister's Avatar
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    Personally I would agree. I think another FLRM application is your best option. As harsh as it sounds, I very much doubt using ignorance of the requirements for ILR would be seen as a good enough reason to ask for a refund. Also, to be totally honest, if your wife struggled with the B1 test I really don't see how she will have time to study enough to pass LITUK in your timeframe

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