My Wife's Ilr Application Help Needed Please
Posted 14 December 2011 - 07:27 PM
My wife has failed her KOL test 3 times the 3rd one today.
The next available appointment for a test is 21 December but her spouse visa expires on 30 December so i'm thinking it is going to be too late now to get her ILR application in if she was to pass the test and with Christmas here I don't think UKBA would receive the application in time.
I would like to ask what her options are now as her visa will soon be ending..FLR maybe?
Posted 14 December 2011 - 09:43 PM
Posted 14 December 2011 - 10:31 PM
It looks to me as if she isn't going to get an ILR or FLR application in on time which i'm assuming would mean at the end of this month she would be an overstayer??
Posted 15 December 2011 - 01:19 AM
Posted 15 December 2011 - 06:13 AM
are there more problems that could arise from a late application?
Posted 15 December 2011 - 09:15 AM
Why would you deliberately overstay needlessly? It's silly. Also, if the applications are made late and refused then she gets no right of appeal and leaves herself open to enforcement action. A late ILR application will be refused if she hasn't passed the KOL, and a late FLR M will be refused if she hasn't passed the English test.
Posted 15 December 2011 - 09:33 AM
She must not become an overstayer. She should apply in time for discretionary leave.
Posted 15 December 2011 - 02:48 PM
I think we will go for Discretionary leave then.
She will have to do this asap then, before the Christmas break as her visa expires on 28th.
I'm just wondering can she continue to work when she applies for this?
Many thanks again
Posted 15 December 2011 - 03:15 PM
I have more questions though...
I've looked at the UKBA website and they give Discretionary leave for certain circumstances, do you think my wifes circumstances would
qualify her for this or do they need to be special circumstances?
Also i've just given them a ring at the UKBA helpline and the women I spoke to suggests her only option is to go back home( to Ethiopia) and apply for
entry clearance all over again!! I really hope this is isn't the case as we have a 7 month old daughter who would have to stay here as she has no passport. Surely they can't separate a Mother and child??
I appreciate we should have done more research earlier into this but as I said we didn't think she would fail her KOL test so many times, but this is the situation we find ourselves in now and hopefully we can sort it sooner than later.
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