New Changes To Ilr; UK

[bigdave1960]

I am just wondering how the new changes will affect my wifes application for ILR next year (january 2013) she has been here 17 months on a settlement visa and just finished ESOL level 2 with citizenship content . will she still apply for ILR under the old rules ie will not need to do life in the UK test because her English is not good enough , so just ESOL test , also the qualifying period will still be 2 years not 5 as her visa is for only 27 months , and the qualifying income of 18500 does not apply , in short for her is everything the same as it was when she was first granted a settlement visa ? we have looked on UKB website and others its very confusing with all the different tiers of immigration trying to work out whats what any help would be most welcome

[bigdave1960]

Can any one find a link to the ILR form that is needed now

[braid101]

Hi bigdave,

the changes to irl take place on and after October 2013 I believe. So if you apply for irl before this like you are doing, then its old rules.

Iam sure ESOL is still ok until after oct 13'. then it will be only the LitUK test plus a b1 in english. And its only two years, only people getting a settlement visa with new rules have to wait 5 years.

Aint sure about the income part but iam pretty sure your old rules all the way mate. bet your glad bout that

So in short, nothings changed for you. Hopefully someone confirms this but iam very confident that iam correct.

braid101

[7by7]

Indeed you are correct.

Anyone who applied for their initial visa before 9th July 2012 will be treated under the old rules in all aspects except the language requirement for ILR.

If they apply for ILR before October 2013 then the current language requirement applies.

If applying for ILR after October 2013 then they will need a LitUK test pass and a B1 in speaking and listening.

The application form can be found here.

Topic title amended to include country. PLEASE READ THIS BEFORE POSTING

[bigdave1960]

well thats a relief then

[thecatman]

I'm confused now...I'm in a similar situation to Big Dave1960, my wife came here on a settlement visa in May 2011. I was under the understanding that she would need to pass the life in the UK test in order for her to apply for ILR when her 2 years are up next year.

But from what I read above it's the ESOL level 2 that is needed??

If this is correct, then who/what is the life in UK test needed for??

Edited July 13, 2012 by thecatman

[7by7]

The current language requirement for ILR is either a LitUK pass or advancing one level on an ESOL with citizenship course. If one's English is good enough, entry level 3 or better, then an LitUK test is a quicker and cheaper option than taking an ESOL course. If one's English is below entry level 3 then one will have difficulty understanding the study materials for the LitUK test and the test itself, so a course is the better option.

This will change in October 2013 (exact date to be announced) when an ESOL with citizenship course will no longer be acceptable and a speaking and listening requirement will be introduced.

If applying for ILR before October 2013, LitUK test or ESOL with citizenship course.

If applying for ILR from October 2013, LitUK test and level B1 of the CEFR in English speaking and listening.

Hope that is clear.

[thecatman]

Thanks for coming to my rescue 7 by 7 (I knew you would)

I did think after posting that it may be a case of 'either or'.

The Mrs is currently revising for the life in UK test so thought I'd better double check.

Once again, Thank You.

[malct]

I am a little confused as normal.

My wife came into the UK in 2nd Oct 2011 on a 27 month settlement visa and Her settlement Visa will expire on the 2nd Jan 2014. I believe that you can apply for the IIR after 20 months in the UK excluding any time that you have been out of the UK on holidays (is this correct) so far my wife has had 2 holidays totally 25 Days out of the UK and looking at 14 days out of the UK Feb 2013.

If its correct that my wife can apply for IIR 20 Months before her Expiry date, She should be able to apply after the 2nd Oct 2013 depending on how many days out of the UK or am i wrong and she can apply on the 2nd Oct 2013.

also Can you confirm the following for me.

1. Does my wife have to sit the Life in the UK Test or take the an advanced test on speaking and listening to gain the IIR (she has A1)

2. How much do i have to earn each tax year for my wife to stay in the UK?

3. If my Wife gets a Job in the UK, Can her earnings be taken into account for Joint earnings?.

sorry if the answers are above, But sometimes things get a little confusing when it comes the the UKBA.

Regarding my wife , she is studying the life in the UK book with the Hope of a Test in the next 6 months all going well, But does she need this test just yet?

For myself, i am making more that the £18500 per year that has been mentioned above, But looking at a career change in the near future and maybe my Next job will not give me the £18500 a year.

Thank you all for your help

[7by7]

Your wife can apply for ILR after she has been living in the UK for 24 months; although she can submit the application up to 28 days before this date.

Time out of the UK has absolutely no effect on this. Although when applying she will need to show that she is, and has been for the past 24 months, a UK resident; which may be difficult to do if she has spent more time out of the UK than in; which she wont have.

So, as your wife arrived on 2nd October 2011 the earliest she can apply is 4th September 2013.

If she applies before October 2013 (exact date has not yet been announced by the government) then she can satisfy the language requirement with either an LitUK test pass or ESOL with citizenship course. The current rules.

If she applies for ILR after the change in October 2013 then she must have passed the LitUK test and achieved B1 in speaking and listening.

As she applied for, and received, her spouse visa before 9th July 2012 this is the only possible effect these new rules will have on her. The new income requirement etc. will not apply to her.

[bigdave1960]

Although for my own wife I cant see why she should be refused ILR , she has just passed ESOL 2 and I am satisfied about all the other requirements , what would happen if some one needed futher leave to remain , having first arrived with a 27 month settlement visa in January 1st 2011 , not trusting UKBA as far as I could spit I like to know all possibilities and outcomes

[7by7]

Partners who applied on or before 8 July 2012

If you applied to come to the UK as a partner on or before 8 July 2012, the conditions of your stay have not changed. If you apply to extend your stay or settle in the UK, we will consider your application under the rules that applied until 8 July 2012

The one change which will effect those who applied on or before 8th July 2012 is the language requirement for ILR as discussed above.

Whether this will change at some point in the future, who knows?

BTW, it is not the UKBA who make, or change, the rules; it's the government of the day through Parliament.