ILR or FLR(M)
 

Can someone please help me.

My wife is coming up top the end of her 2nd visa. And should be applying for her ILR in the next month via the 5 year route as the partner of a british citizen.

Unfortunately She is not going to meet the english language requirement element of the visa. She is Struggling with the life in the uk test aswell as the B1 test. She has a terminally ill mother back in pakistan that has had our attention for a good few years. In fact my wife left school at the age 13 to look after her mother who at that age suffered a massive stroke.

My questiom is do we ;
A) Apply for ILR and state above. With the government switching our visa from a 5 year route to a 10 year route. Therefore granting us a further 2.5 years FLR(M). or,
B) Apply for a FLR(M) and request transfer from the 5 to 10 year residency route. And therefore pay the NHS surcharge etc?.

Can i also ask if we should apply 5 Years from the anniversery of the visa or 2.5 years from the issuing of the last FLR(M) ?.

Any help would be greatfully accepted.

Re: ILR or FLR(M)
 

If your wife applies for ILR without a Life in the UK test pass and sufficient English language ability then it will be refused. What English language qualifications does she have at the moment?

Re: ILR or FLR(M)
 

Hi

She currently has A1 test pass which was required during her first 30 month leave to remain. We applied before A2 became a requirement.
From looking into it i think that we will not be granted ILR should we apply and will not get the 2300/2400 fee we paid. I think it is a case of applying for another flr(m) and go down the 10 year route. with the hope that my wife gets the b1 and LITUK tests. We will then apply straight away for ILR.

She is currently preparing for a B1 test. Should she get it would that mean she does not need A2 for a future flr(m) application?.

Re: ILR or FLR(M)
 

If your wife passes her B1 test then it's just a matter of passing the Life in the UK test and she can apply for ILR.