Knowledge of language and life in the UK

[theoldgit]

Forum members may be interested in the latest Immigration staff guidance on the knowledge of language and life in the UK requirement - happy reading

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/907497/koll-v25.0-ext.pdf

[NightSky]

On page 5 of the document I read it as those who are exempt from taking the Life in the UK test include..

 

..bereaved spouses, civil partners, unmarried partners or same-sex partners of people present and settled in the UK

 

Have I read this correctly? Will a married spouse need to do the life in UK test to obtain ILR?

[Enoon]

32 minutes ago, NightSky said:

On page 5 of the document I read it as those who are exempt from taking the Life in the UK test include..

 

..bereaved spouses, civil partners, unmarried partners or same-sex partners of people present and settled in the UK

 

Have I read this correctly? Will a married spouse need to do the life in UK test to obtain ILR?

 

I would guess that bereaved partners of all kinds are the people being exempted, not just bereaved spouses.

 

And that there are no exemptions purely for being "civil partners, unmarried partners or same-sex partners".

 

And that on that basis "un-bereaved" partners of all kinds, including married spouses, are required to have KoLL.

 

 

 

 

Edited August 8, 2020 by Enoon

[7by7]

Everyone who is not on one of the lists of those exempt needs to satisfy KoLL in order to be granted ILR.

 

That includes spouses, civil partners, unmarried partners and same sex partners of a person present and settled in the UK unless that person has died.

 

'Present and settled' means either a British citizen or a non citizen who has no time restriction on their stay in the UK; e.g. ILR.

 

For immigration purposes a British citizen who has been living abroad, regardless of how long for, who is entering the UK to take up or resume residence is counted as present and settled the moment they arrive.

[stouricks]

10 minutes ago, 7by7 said:

of a person present and settled in the UK unless that person has died

Anyone explain please?

[7by7]

3 minutes ago, stouricks said:

Anyone explain please?

 

Mrs. X marries a British citizen, Mr. X, and applies for and is granted a settlement visa to live with him in the UK.

 

If Mr. X dies before she has ILR then she can apply for ILR as a bereaved spouse and is exempt from KoLL.

 

But if Mr. X is still alive when she applies for ILR she will need to satisfy KoLL.

[stouricks]

5 minutes ago, 7by7 said:

 

Mrs. X marries a British citizen, Mr. X, and applies for and is granted a settlement visa to live with him in the UK.

 

If Mr. X dies before she has ILR then she can apply for ILR as a bereaved spouse and is exempt from KoLL.

 

But if Mr. X is still alive when she applies for ILR she will need to satisfy KoLL.

So Mrs X can go to UK knowing F all about the country if her husband died between applying and being granted ILR, which is so confusing, how would a non-English person know what 'Indefinite Leave to Remain' means if I do not know.

Edited August 8, 2020 by stouricks

[NightSky]

1 hour ago, Enoon said:

 

I would guess that bereaved partners of all kinds are the people being exempted, not just bereaved spouses.

 

And that there are no exemptions purely for being "civil partners, unmarried partners or same-sex partners".

 

And that on that basis "un-bereaved" partners of all kinds, including married spouses, are required to have KoLL.

 

 

 

 

Yes I get it now thanks.. lol

[7by7]

19 minutes ago, stouricks said:

So Mrs X can go to UK knowing F all about the country if her husband died between applying and being granted ILR, which is so confusing, how would a non-English person know what 'Indefinite Leave to Remain' means if I do not know.

 

I am sure that all British/foreign couples have researched the procedure and requirements from initial visa through Further Leave to Remain to Indefinite Leave to Remain and often onto naturalisation before embarking on the first steps down that 5 year plus road.

 

Like I did with my wife, I would suggest that her husband has told her something about this country before they married and she moved here. She would learn more once here; unless her husband treated her like a slave and kept her locked up in the home with no access to the outside world!

 

Remember, too, that she would have needed to satisfy the language requirement to obtain her initial visa and then the harder one for her Further Leave to Remain after 30 months so would have some knowledge of English.

 

It is, though, entirely possible that she would not know that she could apply for ILR were her husband to die. She may learn, from his family perhaps finding out for her. I'm sure most in that situation would want to find out what they could do; especially if they had children.

 

There are plenty of places to seek such advice; the CAB, forums such as this for example.

[stouricks]

20 minutes ago, 7by7 said:

forums such as this for example.

555!

[7by7]

14 minutes ago, stouricks said:

35 minutes ago, 7by7 said:

forums such as this for example.

555!

 What is your problem?

 

I have answered all your questions as simply and thoroughly as I can. 

 

Do you still not understand; or has your whole contribution to this topic been nothing more than a pathetic wind up?

[NightSky]

We are currently applying for the first spouse visa. I didn't realise that my wife would need to do the Life in the Uk test to complete the 5 year route to ILR. I thought that was only for citizenship application.

 

This might be a problem for my wife as she is not confident at all doing tests. She did pass the English test A1 but that life in UK test is daunting.

 

If we do manage to get to the UK I intend to suggest to my wife on studying for B1 and Life in Uk test right away, what is the best path for my wife to learn these tests? (Is it something called an ESOL course?)

 

And is there an option not to have to do the life in UK test without me dying and my wife being a widow?

 

[torturedsole]

10 minutes ago, NightSky said:

And is there an option not to have to do the life in UK test without me dying and my wife being a widow?

Erm, no.  

 

11 minutes ago, NightSky said:

If we do manage to get to the UK I intend to suggest to my wife on studying for B1 and Life in Uk test right away, what is the best path for my wife to learn these tests? (Is it something called an ESOL course?)

Good idea as I'm sure both of you have no desire to impede the path to British citizenship.

[NightSky]

1 hour ago, torturedsole said:

Erm, no.  

 

Good idea as I'm sure both of you have no desire to impede the path to British citizenship.

I think she would be content with ILR although it seems citizenship requirement is almost identical to the ILR requirement except for requiring the ILR for some time prior to citizenship and the amount of absent days away from the UK, so I see what you mean about not delaying things.

 

We are still at spouse application stage right now, gathering the required portfolio of documents -- it looks like a long haul ahead then!

[torturedsole]

36 minutes ago, NightSky said:

I think she would be content with ILR although it seems citizenship requirement is almost identical to the ILR requirement except for requiring the ILR for some time prior to citizenship and the amount of absent days away from the UK, so I see what you mean about not delaying things.

Your wife might be content with ILR and a lot of Thais are, but it's a precarious state with many restrictions.  All restrictions are lifted on becoming a British citizen.  

 

Yes, once your wife has achieved ILR then the path to citizenship is nothing more than form filling and stumping up the cash.  

 

Have a plan for once your wife gets here and set the bar high then go for it.  I understand your wife isn't confident with exams but I've seen many Thai ladies equally as nervous and pass all the tests, sometimes eventually.  

 

 

[1FinickyOne]

14 hours ago, stouricks said:

Anyone explain please?

looks quite simply like - if you are dead, you are exempt... pretty standard stuff, I would think.

[maxcorrigan]

8 hours ago, torturedsole said:

Your wife might be content with ILR and a lot of Thais are, but it's a precarious state with many restrictions.  All restrictions are lifted on becoming a British citizen.  

 

Yes, once your wife has achieved ILR then the path to citizenship is nothing more than form filling and stumping up the cash.  

 

Have a plan for once your wife gets here and set the bar high then go for it.  I understand your wife isn't confident with exams but I've seen many Thai ladies equally as nervous and pass all the tests, sometimes eventually.  

 

 

Yes ILR is precarious my wife has just lost her ILR on the 6th July after holding it for more than 7 years and spending more than two years away from UK, we were planning to return to the UK back in the springtime for 3 or 4 months to sort things out before returning to the UK permanently at Christmas, all plans now wrecked by CV-19 could not return now with UKs ridiculous financial requirement that an average pension could not meet!

[stouricks]

15 hours ago, 7by7 said:

 What is your problem?

 

I have answered all your questions as simply and thoroughly as I can. 

 

Do you still not understand; or has your whole contribution to this topic been nothing more than a pathetic wind up?

Not trying to wind anyone up. Simply asking questions to what seems to me to be a very complicated procedure.

[Grumpy one]

I hope the tests are less confusing than an English test I had to do in Sydney many years ago.

Although I was born and raised in Sydney I had to sit the test the same as any immigrant wanting a taxi licence

The test was to write an essay on an Andy Capp cartoon from the paper

I wrote its a boring old cartoon

I failed the test  ????

[theoldgit]

19 hours ago, stouricks said:

Anyone explain please?

 

https://www.gov.uk/visas-partner-dies

[7by7]

6 hours ago, maxcorrigan said:

Yes ILR is precarious my wife has just lost her ILR on the 6th July after holding it for more than 7 years and spending more than two years away from UK

I wouldn't say precarious, but ILR is intended for those who are making the UK their home and it will lapse if the holder spends a continuous period of two years or more outside the UK.

 

Additionally, even if it hasn't lapsed it can be cancelled by UK Border Force at a port of entry if it is apparent that the holder doesn't live in the UK and is using their ILR just for visits.

 

Also, although I'm sure it wouldn't apply to anyone here, ILR can be revoked for other reasons, such as if the holder is convicted of a criminal offence which results in deportation or ILR was obtained fraudulently See Revocation of Indefinite Leave.

 

A British citizen is not subject to any maximum time allowed out of the UK, they can come and go as they please. Also, A British passport allows visa free visits to far more countries than a Thai one does.

 

Naturalisation can be revoked, but only if it was obtained by deception or if convicted of treason or similar.

 

As both Thailand and the UK allow dual nationality naturalisation as British will not affect Thai citizenship and the rights thereof in any way.

 

IMHO, once qualified, the only drawback to applying is the cost: £1330.

 

See Apply for citizenship if your spouse is a British citizen. 

[7by7]

5 hours ago, stouricks said:

Not trying to wind anyone up. Simply asking questions to what seems to me to be a very complicated procedure.

 I assumed you had some inkling of the route to settlement (ILR) for the spouse/partner of a British citizen. It seems I was wrong.

 

Basically:-

1) Initial visa; applied for and issued in the applicant's home country. This usually valid for 1 month and allows entry to the UK where the person collects their Biometric Residence Permit which is valid for 30 months.

2) After 30 months residence, apply for Further Leave to Remain; valid for another 30 months. 

3) At the end of that 30 months, five years in total, apply for Indefinite Leave to Remain, otherwise known as settlement. If for some reason all the requirements for ILR are not met, then one can apply for another FLR.

 

For steps 1) and 2) see Family visas: apply, extend or switch. For step 3) see Find out if you can apply to settle in the UK

 

After step 1) and once in the UK, if their partner dies than they can apply for ILR; see theoldgit's link above.

 

Hope you understand now.

 

 

[rasg]

LITUK is not that hard as long as you study for it. My wife learned 15 full 24 question exams over a period of time and asked me many questions and we both learned a lot together. This "Life in the UK Test Web Group" on Facebook will point your way to passing it.

 

There is a link to the 15 exams on Facebook.

 

My wife passed first time about six weeks ago but she does have an exceptional memory.

[bigyin]

Congratulations to your wife rasg. You pointed me in the direction of these tests a few months ago and my wife passed at the second attempt.  I totally agree that this is a better way to pass than trying to memorize the book which is just too much reading in English. However it’s done it needs a lot of effort and there is no shortcut.