Ilr /flr

[cuddleypete]

hi everyone

just bieng checking the ilr form to make sure we got it all and there is a problem (maybe) we havent got any bills in joint names and i have not got bank statments covering the 2 years only the last six months ,to be honest did not relize that i had to keep paper work as well as my wife as i was born here etc etc.(did not read form properly).

I was thinking off doing the flr form instead so she gets flr the say next year or year after do ilr when we have got the right paper work and the right amount of paper work,

1. would this be ok??? as she is working

2. is flr for six months ? 12 months ? 24 months?

or is there another form we should use??

they make it so hard are wounderfull goverment. and you need a degree to understand the forms.

do we fil in flr and send it in and hope for best and if she not get llr they will give her flr

many thanks pete

[the scouser]

Pete,

If your wife has attained the language/citizenship standard, then apply for indefinite leave ( or as was written on a letter to me today from the Home Office itself, "indefinate". Don't worry about things being degree-standard, as in this all-inclusive Blairite society everyone goes to university, and education has ceased to matter.

Scouse.

[Mahout Angrit]

Cuddley

As Scouse says, if your wife has attained the English language proficiency requirement then give what you have regarding bills and apply for ILR, It is my belief that should they deem she does not qualify they will consider the application for FLR anyway before rejecting out of hand, you should note though that no refund will be forthcoming.

Should you decide to go directly for FLR you should complete a different form. FLR would likely be for 2 years.

[scooty]

Hi Cuddleypete,

I would just like to exchange thoughts with you about the ESOL business.

I notice on one of your previous posts that you mention that your wife has an ESOL certificate at level 2. I have been trying to find out information about what qualification is required to apply for the ILR, It still seems to me to be very unclear as to what certificate is required. I want to mention this to you because my wife is attending college and is studying the ESOL level 2 course. Today my wife went on a days course at a college that was conducted by a Thai teacher(it was a days course to get a food hygiene certificate) but the Thai teacher also teaches ESOL. my wife was told that she needs an ESOL level 3 certificate in order to apply for the ILR and not have to pass the life in the UK exam.My wifes teacher at college on the ESOL level 2 course says that she must pass the exam at the end of the level 2 course to get the appropriate cetificate. so i am still baffled.I wish you luck with your application and i hope you can keep me and others informed.

regards Scooty.

[cuddleypete]

Hi Cuddleypete,

I would just like to exchange thoughts with you about the ESOL business.

I notice on one of your previous posts that you mention that your wife has an ESOL certificate at level 2. I have been trying to find out information about what qualification is required to apply for the ILR, It still seems to me to be very unclear as to what certificate is required. I want to mention this to you because my wife is attending college and is studying the ESOL level 2 course. Today my wife went on a days course at a college that was conducted by a Thai teacher(it was a days course to get a food hygiene certificate) but the Thai teacher also teaches ESOL. my wife was told that she needs an ESOL level 3 certificate in order to apply for the ILR and not have to pass the life in the UK exam.My wifes teacher at college on the ESOL level 2 course says that she must pass the exam at the end of the level 2 course to get the appropriate cetificate. so i am still baffled.I wish you luck with your application and i hope you can keep me and others informed.

regards Scooty.

Hi there scooty thanks for your reply, i am also unclear what level is needed as well my wife and i was told by her teacher that she only needs level 2 for her ILR, not sure about level 3 it is a very dark area i think no one really knows what you need or not need NOT even the goverment,and when you go to fill in the ILR forms it is still not very clear on there, we have now sent off my wife's ilr forms with all the paper work and we are now waiting to find out the outcome,and will off course let you know if level 2 was ok with the powers to be.

THATS IF THEY SEND IT BACK BY RECORED DELVERIY AND IT DOES NOT GET LOST, BECAUSE ARE WOUNDERFULL GOVERMENT FORGOT HOW TO SEND SPECIAL INFORMATION BY POST, WHAT A JOKE

ALL THE BEST PETE

[Mahout Angrit]

Scooty

You may want to check with the B & IA web site with particular emphasis on this paragraph

ESOL with citizenship content courses.

If you are not yet at ESOL Entry 3 you will be able to meet the new requirements by successfully completing a language course, involving learning materials which incorporate information about citizenship. These materials are intended to enable you to gain sufficient knowledge of the UK at the same time as developing your knowledge of the English language. In order to meet the requirements for settlement, you will need to show that you have progressed from one ESOL level to the next.

Courses are, or will be, available at many Further Education, Adult and Community Colleges across the UK. You will need to make sure the college course that you enrol for includes the "language with citizenship" materials and that the college will give you a letter to this effect when you have successfully gained your qualification.

..........and the list of examining bodies acceptable to the B &IA

Only certificates issued by recognised awarding bodies are acceptable not those from colleges themselves. These are ESOL Skills for Life certificates (or in Scotland 2 ESOL Units at Access Level under the Scottish Credit and Qualifications Framework approved by the Scottish Qualification Authority) that have been awarded by one of the nine accredited awarding bodies:

University of Cambridge ESOL Examinations (ESOL Cambridge)

Trinity College London

City & Guilds (Pitmans)

Edexcel

English Speaking Board (International)(ESB)

National Open College Network

Open College of the North West (OCNW)

Education Development International (EDI)

The Scottish Qualifications Authority (SQA)

[scooty]

Thanks for the interesting posts.

Cuddleypete i would very much appreciate you keeping us informed about your wifes ILR application.

Mahout, thank you for your information.My wife is now attending an ESOL language course with citizenship . She has been told that she is now studying ESOL level 2. The course is supposed to be the "with citizenship" content but my wife tells me that she has not been taught anything at all about the UK citizenship content, she mainlly attends the course with a load of east europeans. She has almost completed the course but has now been told that she must tale an exam at the end of the course.The point that i am not clear about being " IN ORDER TO MEET THE REQUIREMENTS FOR SETTLEMENT, YOU WILL NEED TO SHOW THAT YOU HAVE PROGRESSED FROM ONE ESOL LEVEL TO THE NEXT". So does this mean that you need to only pass the exam at the end of the ESOL level 2 course or does it mean that you must study ESOL level 2 and then progress to study ESOL level 3 ? Im really still not sure. Yes i can ask at the college but to be honest i dont think that they know for sure either. I wish you the best of luck Cuddleypete with your application. Mahout your information is well appreciated , thanks,

Regards, Scooty.

[macduff]

My thai wife and myself (uk citizen) went to the local college here in sunny england for an assesment for her esol course. This appointment was booked six weeks previous due to high demand, even though you now have to pay for the course. What they never told me on the phone was that you had to be married for 1 year and also my wife had to be in the uk for a full 12 months before they would even consider to enrol her at the college. My point is this,if we went back to thailand for a holiday would this go against her as she would'nt be in the country for a full 12 months. And also my wifes settlement visa runs out at the end of november 2008 but she never arrived in the uk until the middle of feb 07 , so therefore she cannot enrol until after her passport was stamped in feb 07. Oh and we have been married for 1 year just, mid november.

[Mahout Angrit]

My thai wife and myself (uk citizen) went to the local college here in sunny england for an assesment for her esol course. This appointment was booked six weeks previous due to high demand, even though you now have to pay for the course. What they never told me on the phone was that you had to be married for 1 year and also my wife had to be in the uk for a full 12 months before they would even consider to enrol her at the college. My point is this,if we went back to thailand for a holiday would this go against her as she would'nt be in the country for a full 12 months. And also my wifes settlement visa runs out at the end of november 2008 but she never arrived in the uk until the middle of feb 07 , so therefore she cannot enrol until after her passport was stamped in feb 07. Oh and we have been married for 1 year just, mid november.

It would seem that different colleges have different rules, A friend of mine, only married and in UK for 2 months enrolled his wife at the local college but complained that he was charged a fee about 3 times that of the other course members because his wife hadn't been in UK for 1 year, next year the fees will drop for him. He didn't mention anything about being married for a year.

If there is another college nearby maybe you should try them too.

[the scouser]

And also my wifes settlement visa runs out at the end of november 2008 but she never arrived in the uk until the middle of feb 07

The question of ESOL courses aside, I'm afraid that your wife will anyhow require an extension from the BIA before she qualifies for indefinite leave, as when her visa expires, she won't have spent a minimum of 23 months in the UK.

Scouse.

[macduff]

Sounds like a back hander manout on your friends experience. And yes scouse i'm going to have to start saving up hard. My wifes going to cost me a pretty penny next year. Is it right that i have to pay for the extention and the ilr?. What sort of costs are involved at the moment?

[the scouser]

Unfortunately, yes, you will have to pay for both the extension and the indefinite leave. Postal applications currently cost £395.00 and £750.00 respectively.

Scouse.

[macduff]

Ouch. That's going to hurt. I'ts a trip to thailand money for me the wife and youngster.

[Mahout Angrit]

Ouch. That's going to hurt. I'ts a trip to thailand money for me the wife and youngster.

But the £395 will give you 2 years to save up for the £750 (or send the wife out to work)

[macduff]

Ouch. That's going to hurt. I'ts a trip to thailand money for me the wife and youngster.

But the £395 will give you 2 years to save up for the £750 (or send the wife out to work)

Oh yes that's right. I'm thinking the extention is just until arrival to uk, and then i have to apply for ilr straight after. At least this extention will give us more time for her esol and to get the funds together. It's all payout at the moment even with her course costing over 300 quid. Like you say she can get some work to cover costs and for childcare. Our son is only 5 months old.

[the scouser]

I wouldn't hold your breath. In their current frame of mind, it appears as if the BIA is, in the first instance, extending leave until the two-year point. So, in your wife's case, they may grant leave until February 2009, when she will then have to make a further application either for ILR or, if she doesn't meet the requirements, for an extension of her current status.

Scouse.

[Ollie]

I'm afraid that your wife will anyhow require an extension from the BIA before she qualifies for indefinite leave, as when her visa expires, she won't have spent a minimum of 23 months in the UK.

Scouse.

Scouse, can you just clarify that for me please? My wife will have spent more than a month out of the UK by the time we get around to applying for ILR next October, just vacations in LOS, plus some planned long weekend visits to europe. Is there really a requirment she must remain here for 23 of the 24 months?

Thanks

[the scouser]

Ollie, I didn't phrase my post too well.

This only becomes an issue if the spouse settlement visa holder wishes to apply for indefinite leave and entered the UK for the first time more than twenty-eight days after the settlement visa was issued. How much time the visa holder has since spent outside of the country, providing that s/he can still be construed as principally living in the UK, is largely redundant.

So, providing your wife entered the UK on her settlement visa for the first time within 28 days of it having been issued, then this won't, of itself, be a problem.

Scouse.

[scooty]

Hi Macduff

It must be the case that different colleges must have different requirements to enrol on the ESOL courses. My wife enrolled and no body said that she needed to have been in the UK for 12 months or she need did not need to have been married for 12 months .She had been in the Uk for 3 months when she started her college course.

Good luck

Scooty

[Ollie]

Ollie, I didn't phrase my post too well.

This only becomes an issue if the spouse settlement visa holder wishes to apply for indefinite leave and entered the UK for the first time more than twenty-eight days after the settlement visa was issued. How much time the visa holder has since spent outside of the country, providing that s/he can still be construed as principally living in the UK, is largely redundant.

So, providing your wife entered the UK on her settlement visa for the first time within 28 days of it having been issued, then this won't, of itself, be a problem.

Scouse.

Thanks Scouse - just wanted to make sure!

[macduff]

Hi Macduff

It must be the case that different colleges must have different requirements to enrol on the ESOL courses. My wife enrolled and no body said that she needed to have been in the UK for 12 months or she need did not need to have been married for 12 months .She had been in the Uk for 3 months when she started her college course.

Good luck

Scooty

Your right scooty. Looks like the rules at my college are too strict. They should be all the same, or there making the rules up as they go along. In my case i'll have to apply for a two year extention for her. I'm certainly not paying the extention fee and the flr in the space of 3 months.

[cuddleypete]

hello all

reply to my post about my wife ilr.

Well she did not get ILR due to me making mistake, i did not have enough paperwork for the 2 years about my self i know it seems silly as iam british but i dont make the rules, So to everyone else please make sure that you have enough paperwork covering the 2 year period in both names and in joint names, My wife got a 2 year extension (FLR) and i was told by a nice lady that if i get some more paper work in say the neaxt six months and i apply agian for ILR we will get it as everything else was ok ( ie my wifes paperwork, and my wifes collage esol etc ) so it was just my paperwork really my mistake not hers,just like to say that we can apply for the ILR at anytime it the 2 years, But off course we want to do it asap so that 2 years after she get ILR, she can get her british passport.

ps i was told by her collage that after 1 year of her being in the uk she can do esol course and it will be free.

also the now she has passed her esol course thats all she has to do.

All the best pete and som

[Mahout Angrit]

just like to say that we can apply for the ILR at anytime it the 2 years, But off course we want to do it asap so that 2 years after she get ILR, she can get her british passport.

Cuddley

To apply for British citizenship, your wife has to be married to you, have lived in the UK for 3 years and hold ILR only, she does not have to have held it for 2 years before she applies.

[the scouser]

Pete,

I'd seriously complain. If the BIA has given your wife a two-year extension, they evidently accept that the relationship is subsisting. Consequently, there was nothing stopping them from granting your wife indefinite leave.

Scouse.

[cuddleypete]

Pete,

I'd seriously complain. If the BIA has given your wife a two-year extension, they evidently accept that the relationship is subsisting. Consequently, there was nothing stopping them from granting your wife indefinite leave.

Scouse.

thanks scouser for reply i see what you say maybe right, but i will do what to lady said to do and get what they ask for then nothing can go wrong, its only another 6 months max, not long

thanks pete

[cuddleypete]

just like to say that we can apply for the ILR at anytime it the 2 years, But off course we want to do it asap so that 2 years after she get ILR, she can get her british passport.

Cuddley

To apply for British citizenship, your wife has to be married to you, have lived in the UK for 3 years and hold ILR only, she does not have to have held it for 2 years before she applies.

Hi mahout angrit that sounds good what you say but to be really hounest iam not sure about the bit after she gets ilr what we have to do next and off course the cost and what forms etc etc

maybe when you have time you could point us in the right direction

many thanks pete and som

[Mahout Angrit]

Hi mahout angrit that sounds good what you say but to be really hounest iam not sure about the bit after she gets ilr what we have to do next and off course the cost and what forms etc etc

maybe when you have time you could point us in the right direction

Cuddley

Have a look at the B & IA web site "Applying for British Nationality" in particular the Guide for Naturalization and the Application form AN

The current fees are £575 for naturalisation and a further £80 for the ceremony when she receives the certificate.

[scooty]

Hi Cuddleypete, im sorry to hear that your application was unsuccesful, its an expensive business for sure.I was under the impression that if you applied for ILR and it was refused then you would have to apply again for FLR and pay again. it seems that you applied for ILR and got FLR with paying only one fee. Once again i am baffled . Anyway good luck to you and your good lady.

regards Mr and Mrs Scooty

[cuddleypete]

Hi Cuddleypete, im sorry to hear that your application was unsuccesful, its an expensive business for sure.I was under the impression that if you applied for ILR and it was refused then you would have to apply again for FLR and pay again. it seems that you applied for ILR and got FLR with paying only one fee. Once again i am baffled . Anyway good luck to you and your good lady.

regards Mr and Mrs Scooty

Hi there scooty

If you apply for ILR and for any reason it is turned down they can give you flr for 2 years and refund the differance between FLR (£395.00)and ILR(£750.00), which then gives you another 2 years to do ILR agian getting the paperwork or what ever they want, and in the 2 years you can apply for ILR at any time of course paying the full £750.00 agian or what ever the fee is by then.

all the best pete and som