51 replies to this topic

[hilton123]

Hi

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?

Many thanks

[Victoria]

That's okay if she meets the English language criteria.

[hilton123]

She doesn't meet the language criteria Victoria as she hasn't done the test (our own fault as we thought she would fly through the KOL test but I think  the nerves are getting to her, so we never looked at other options)

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??

[Victoria]

She must not become an overstayer. She should apply in time for discretionary leave.

[hilton123]

Somebody has advised me that she  can apply for ILR or FLR late and the only problem would be is that she would be unable to continue to work,
are there more problems that could arise from a late application?

Thanks Victoria

[Victoria]

Is this 'somebody' a qualified immigration advisor?

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.

[Visa Direct]

Victoria, on 15 December 2011 - 01:19 AM, said:

She must not become an overstayer. She should apply in time for discretionary leave.

I agree..

[hilton123]

Glad you've confirmed it, I thought it would be silly to apply late.
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

[Victoria]

Yes.

[hilton123]

Thanks Victoria for your help its much appreciated.
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.

Thanks again