I am and always have been a UK citizen. My wife is a US citizen and came over with 2 kids a couple of years ago on a limited leave to remain. The intention is to settle here and to apply by SET(M). My wife told me her visas expired on 3rd December (3/12), but she was reading it the US way and it is actually 12th March (this Monday!!) We haven't applied yet and she hasn't done the citizenship test yet. Is there any way we can get an extension to complete the test and make the application?
We are beginning to panic, so all advice urgently sought.
When did she arrive in UK? While current spouse visa gives you 27 months, it used to be only 2 years and unless you arrived on or soon after the inception date, you don't have full two-year residency needed for ILR.
Assuming she has already been here 2 years, the fact she hasn't passed the Life in the UK test (a great pity, as she could have taken it at any time) means she cannot yet apply for ILR but has to get her existing leave extended until she does. The thing to do is to apply for FLR by post by taking the completed form to the post office and get a certificate of posting tomorrow. While she can actually do it on Monday, the day of expiry, try to get it done tomorrow before PO closes. Fee for this is £550.
See
UK Border Agency | Applying from inside the UK and download and complete FLR(M) form and send it off with your fees and supporting documents. She will have to give biometric data, but she will get a letter about it from UKBA. Make absolutely sure she applies before her visa expires, or she becomes an illegal immigrant, can no longer apply in country and will have to leave the country and apply from abroad. In extremis she can be arrested as overstayer, detained and deported, though this is unlikely as she has dependent children.
Postal application for FLR can take 3-4 months to process and she can legally stay until they make a decision. On granted FLR, having in the meantime passed her Life in the UK test, she can then apply for ILR.
