Advice Required

[hugmarod]

Hi, This is my first post on here so apologies if the questions have been answered, i have spent a lot of time trawling this and other sites to try to find clarification on a couple of thisgs and would be grateful for any advice.

I apreciate these questions may be a little premature however looking into the comments on various sites it seems better to have as much time to prepare as possible,

ok, my wife has just been granted a 2 year spouse visa to the UK and i will be flying out in a couple of weeks to bring her to the UK, what i would be grateful for is advice on the following....................

after the 2 years have passed on her visa i believe there are 2 options for applying for the ILR visa, but reading into other posts it seems the best way is for my wife to do the dreaded LIFE IN UK TEST? would this be the best way?

also im a little confused on what other information they will be taking into account as currently i am selling my property and going to rent, will this cause an issue?

lastly, i am currently employed however i am now looking to start my own business , this obviously means going self employed, would this also cause a problem?

My apologies again if all these questions have been answered but trying to look through and make a definative amswer for my self on so may posts got a little confusing.

Thanks in advance for any replies

[bobrussell]

The visa your wife has been issued with will allow her to live and work in the UK for two years but not receive public funds (income support etc).

At present to get Indefinite Leave to remain your wife will need to either pass the LitUK test or do an ESOL (English for speakers of other languages) course. This is more suitable if your wife has more basic English skills and can be a great confidence builder as well.

http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/applicationtypes/

I would expect she will be needing to apply with SET (M) application form.

Assuming the probationary visa has been granted the UKBA is likely to leave you alone but in two years you will have to demonstrate you are still living as husband and wife and that she can still be supported without recourse to public funds etc.

A lot will depend on your situation in two years time! Renting a house is fine!

Try to get your wife's name on a couple of utility bills/Council Tax bills etc as you will need to show six items addressed to her or both of you over the two years probationary period. Keep any correspondence safe for later!

[hugmarod]

Hi Bobrussell

thank you for your kind reply, my wife has passed the initial english test for her visa and can speak relativily good english, i got a little confused on the ESOL course and wether this is the better way forward rather than the life in the uk test, if so how long does this course run for and i assume it will not be free?

thanks in advance

[7by7]

If her English is of a high enough standard (ESOL entry level 3 or better) then she should take the LitUK test; it'll be cheaper and quicker than doing a course. It's not that difficult, provided one has put the necessary study into it. See Life in the UK Test.

However, if her English is below ESOL entry level 3 then she will struggle to understand the LitUK study materials and test so she should opt for an ESOL with citizenship course. Her level will be assessed at the start of the course and to meet the requirement she will need to progress one level. For example, if she is assessed at entry level 1 at the start then she will need to progress to entry level 2.

Remember to meet the requirements the course must also include citizenship materials, often called skills for life, and be with an accredited college.

Your local education authority should be able to provide you with details of suitable courses in your area and fees.

I have heard that some colleges say that during a persons first year of UK residency they are not eligible for home student fees and so have to pay the much higher foreign student fees. If you find that this is so, don't worry. She can delay the course for 1 year and still have plenty of time to complete it before her current visa expires.

See Demonstrating your knowledge of language and life in the UK.

Bob is correct, it is Form SET(M) that she will use to apply, see Completing application form SET(M).

I would add to Bob's advice; start saving! The current cost of an ILR application is £991 by post (3 to 6 months for a decision) and £1377 to apply in person for a same day decision. Fees have regularly been increased each April above inflation, so expect it to be even more expensive in 2 years!

Remember that although her visa is valid for 27 months, she only has to be living in the UK for 24 months to be time qualified for ILR. More like 23 months as she can submit her application up to 28 days before the second anniversary of her arrival.

[hugmarod]

Hi 7by7,

Thanks for your indepth advice it is very much appretiated, i have contacted the local colleage and they do run this course which begins in september however i think the life in uk test is what many people think may be the way, im not sure what her level of english would be classed as all i know is she has passed the english test in thailand for her visa which is from cambridge uni, i think was level 1,

I have also looked at the life in uk test and , well, looks like im getting kicked out as i only managed a score of 15!!

thanks again for all the advice