3. Mrs I complains that following her August 2021 application for Further Leave to Remain (FLR) UKVI placed her on the ten-year route to citizenship, after previously being on the five year route.
4. She says this left her unable to travel, caused her problems at work and caused her anxiety.
5. Mrs I wishes to be placed on the five-year route as a result of making her complaint.
6. Mrs I is the wife of a UK national. In December 2018 she successfully applied for a spousal visa. She says that, at the time, she believed she was on the five year route to citizenship (meaning that she could apply for permanent resident after she had been in the country for five years).
7. In August 2021, Mrs I applied to extend her visa. UKVI told her she was not eligible for the five year route because she did not have a required English Language qualification. However, it still considered her application on the basis of the ten year route. Mrs I now wants UKVI to restore her to the five year route.
Decision to place Mrs I on the ten year route
9. In November 2010, the Home Office (of which UKVI is part) introduced a requirement for a non-European Economic Area (non-EEA) national partner of a British citizen to demonstrate that they can speak and understand a basic level of English before they can come to, or remain in, the UK. According to the Home Office, the ability to speak and understand English is fundamental to successful integration into British society. It gives migrants the means to participate in British life, helping them to find work, allowing them to support their children’s education, and enabling them to fulfil their potential.
10. Over time, the Home Office introduced different requirements all designed to meet the initial stated aim. From 1 May 2017, most applicants who have completed two and a half years (30 months) in the UK with leave as a partner, and who are applying for further leave to remain in that category, have been required to obtain an approved English language speaking and listening qualification. Although there are some specific exceptions to this requirement, we have seen nothing to suggest Mrs I falls into any of these categories
11. In order to qualify for the five year route, the person must meet certain suitability and eligibility criteria, and one of the eligibility criteria is that the person must have the relevant English Language qualification.
12. If they do not meet the eligibility criteria, UKVI will still consider the application, but a grant will automatically place the applicant on the ten year pathway. At the time of application, Mrs I did not hold the English Language qualification, and UKVI’s decision to place her on the ten year pathway was therefore correct.
13. We understand that following discussion with her MP’s office, Mrs I has now obtained the relevant English Language qualification. It is open to her to seek independent immigration advice on how this may, or may not, alter her options in relation to future applications.
14. It is not clear why Mrs I believed she was initially on the five year route when the evidence suggests this would not have been the case. However, as Mrs I did not hold the qualification at the time the application was made, we have found no indication that anything went wrong in the UKVI decision making process and have decided not to take any further action on her complaint.
1. We have carefully considered Mrs I’s information and have decided not to take further action on her complaint about UK Visas and Immigration (UKVI) because we have not found any indication of service failing. We will explain the reasons why in more detail below.
2. We hope the information in this statement reassures Mrs I we have considered all of her information and clearly explains the reasons we have decided not to take further action on her complaint.