Wife Completed Esol...So What'S Next?

[Skypist]

My wife obtained an ILE (subject to KOL) from Bangkok on the basis of 4+ years of marriage/living outside of UK. After being in UK for just over 1 year she has now completed stage 2 of the ESOL (with citizenship) course. Can she now apply for a settlement visa or will she have to wait until she's been in UK for 2 years?

Thanks

[7by7]

she has now completed stage 2 of the ESOL (with citizenship) course

I assume you mean she was assessed at Entry Level 1 and has now reached Entry Level 2; is this correct? If following the ESOL route the KOL requirement is to increase from one level to the next.

If this is what she has done then as she was given ILE subject to KOL and has now satisfied KOL she can apply for ILR now, without having to be in the UK for 2 years.

See Completing application form SET(M)

[Skypist]

Thanks 7by7, that sounds like good news. She began at stage 2 and completed it, so yes that's the same thing. Actual visa states "spouse, subject to KOL" because I think the Embassy stopped using ILE notes.

Before I apply I need some advice on benefits. I noticed that "couples need to demonstrate their ability to live off their own funds without requiring public funds". However, since a business downturn I am in receipt of some state funds in my name (not hers). I need to declare this on the form and worried this will affect the decision. What criteria do they use? Disposable income calculation, accounts, bank statements, all? Might it be worth cancelling some type of benefit before applying?

[7by7]

It is your wife who is not allowed to be claiming any public funds until she has ILR; you may claim any and all to which you are entitled as long as you have not been claiming any extra due to her living with you.

The exception to this is tax credits; these must be claimed jointly by a married couple, so obviously her name can, indeed must, be included in any claim.

[Skypist]

7by7, not wishing to question you but I have to be doubly sure about this just in case I apply and the staggering £970 is not returned whilst ILR rejected...but on the Set M notes it does say that "couples need to show they are able to self-finance without needing access to public funds", so this leads me to believe that if, for example, a benefit such as housing benefit is claimed by the British citizen it shows that at the time of applying the could may NOT be able to get by without access to public funds, especially if some bank statements show a deficit too.

Secondly it's this 2 year thing. Nowhere that I can find on the Home Office website does it talk about this period of "probationary" time in the UK being reduced if partner entered on a Spouse/ILE (although it does mention ILE). All over it emphasises the need to fulfil the 2 year period first starting from when the visa was granted. I don't want to fall down on this one, and the CAB don't have a clue about detail like this.

[7by7]

Immigration rules Para 6A

6A. For the purpose of these Rules, a person (P) is not to be regarded as having (or potentially having) recourse to public funds merely because P is (or will be) reliant in whole or in part on public funds provided to P's sponsor unless, as a result of P's presence in the United Kingdom, the sponsor is (or would be) entitled to increased or additional public funds (save where such entitlement to increased or additional public funds is by virtue of P and the sponsor's joint entitlement to benefits under the regulations referred to in paragraph 6B).

Your wife's visa says "subject to KOL." She would have been given ILE had she already satisfied KOL, but she hadn't. Now that she has she can apply for ILR. However, she does not need to do so now and can wait until she has been in the UK for 2 years if she wishes; provided she does so before her current visa expires, of course.

[smartecosse]

7by7, not wishing to question you but I have to be doubly sure about this just in case I apply and the staggering £970 is not returned whilst ILR rejected...

Your wife's visa says "subject to KOL." She would have been given ILE had she already satisfied KOL, but she hadn't. Now that she has she can apply for ILR. However, she does not need to do so now and can wait until she has been in the UK for 2 years if she wishes; provided she does so before her current visa expires, of course.

Hi

We are in the same situation as this with the visa saying "KOL required"

To ne honest I have read so many pages on settlement visas my head is fir to burst but somewhere amongst it all I had thought that I had read that being effectively granted the ILR subject to KOL meant that the fee mentioned by Skypist was not payable. If this isnt the case then its simply the time frame that is different as you do not wait the two years (unless of course you want to).

Is that correct?

Because if so what would have happened if the KOL had been satisfied at the time of original application for the visa, they would have demanded the £970 on top of the 40500 baht? Or would they have waived that fee?

[7by7]

As far as I am aware, a fee is payable every time you make an application under the immigration rules; so the ILR fee will be payable. Their argument being that the fee is not for the visa or leave to remain but for the processing of the application.

However, you have got me thinking, so I'll do some research and see what I can find.

If KOL had been satisfied at the time of the original visa application then they would have granted ILE. So the ILR fee would not have been waived as such, it would not have been payable because no ILR application would have been made.

[smartecosse]

Well knowing my luck we will need to pay it................however even at the highly inflated price that they charge its still a lot less than I paid in total for all the work permits / visa's etc that was required for me in Thailand...........