Uk Settlement Visa - Catch 22?

[RaeB]

I am a UK passport holder. My wife of 16 years holds a Malaysian passport. Both our teenage children hold UK passports. We all currently live in Phuket. We plan to move permenantly to the UK in July next year. I started checking on my wifes visa requirements - specifically the settlement visa.

All seemed clear until I checked on the new "english test" requirements which are mandatory for the settlement visa. Unless I misread the boarder Agency Website these can only be done in the UK - hence the apparent catch 22 as we cannot apply until we have spent time in the UK to do the test.

What do we do? am I misreading stuff?

Hope somebody can help - I'm sure the solutions simple but I'm missing it.

Cheers and thanks in advance

[Tee2008]

The English test requirement you mention will be mandatory from November 29th 2010. Until then your wife can apply for a settlement visa under the current requirements which will allow her to get entry to the UK for an initial two years without undergoing the English test prior to applying for the visa.

[RaeB]

The English test requirement you mention will be mandatory from November 29th 2010. Until then your wife can apply for a settlement visa under the current requirements which will allow her to get entry to the UK for an initial two years without undergoing the English test prior to applying for the visa.

Thanks Tee but we do not plan to returnn until july 2011 so we will be caught by this requirement.

[sumrit]

The English test requirement you mention will be mandatory from November 29th 2010. Until then your wife can apply for a settlement visa under the current requirements which will allow her to get entry to the UK for an initial two years without undergoing the English test prior to applying for the visa.

Thanks Tee but we do not plan to returnn until july 2011 so we will be caught by this requirement.

When the new 'English test' rules come into force in November your wife will have to pass the test prior to applying for a settlement visa, but these tests will be held in Thailand.......the UKBA just haven't announced any further details as yet. I think you've been confusing this new test with the life in the UK and ESOL with citizenship exams (which can only be taken in the UK) and everybody in the UK on an initial 27 month settlement visa has to pass one of these before they can apply for ILR.

Edited August 8, 2010 by sumrit

[Mercury]

Will this test replace the KoL test and get rid of the exorbitant fees to translate ILE subject to KoL into ILR ?

[7by7]

No, the new test is very basic and only applies to applicants in non-English speaking countries.

The KOL requirement for ILR/ILE will still apply to all applicants for these, whether native English speakers or not.