Applying For Ilr Uk..New Rules About Salary

[sanook2me]

Hello,

Sorry, for posting nearly the same as the other thread but i could not find my answer in that one.

My wife is about to apply for ILR in September after completing the 2 years of FLR in the UK..so do these new rules about salary apply to us too or does it mean first time applicants starting at FLR..

I have read the UKBA website but am still confused if it means people starting at FLR or their first visa application or like us have completed FLR and are about to apply for ILR..

Please make it clear..help appreciated..many thanks in advance.

have just found this on the UKBA website, i think it answers my question but confirmation by other people would be good..cheers

This section is for the husband, wife or civil partner of a British citizen or a person who is settled here who had applied on or before 8 July 2012 for a visa to come to the UK.

If you had not applied for a visa under this category by that date, please see the main Partners section for the different rules that apply to you.

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.

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/before9july/

Edited July 29, 2012 by sanook2me

[7by7]

It is the date of submission of the initial visa application in Bangkok (or wherever) which counts.

As your quote says, the new rules, including the new financial requirement, apply to those who submitted their initial visa application on or after 9th July 2012.

Those who submitted their initial visa application on or before 8th July 2012 come under the old rules.

This means that they only need to have completed 24 months residence in the UK if they entered as a spouse, civil partner or unmarried partner or held FLR for 24 months if they entered as a fiance.

As these applicants for FLR/ILR will come under the old rules then it is the old financial requirements which will apply; not the new ones. That is they need to show that they can be adequately maintained and accommodated without recourse to public funds.

There is, however, one change which may effect them.

If applying for ILR from October 2013 then an ESOL with citizenship course will no longer be acceptable evidence of meeting the life and language in the UK requirement.

If applying for ILR from October 2013 you must have

• Passed the Life in the UK test. and
  
• Obtained level B1 of the CEFR in speaking and listening, or better
  

[DavidJames1234]

This is a good development in my opinion.

Firstly, I agree entirely with the minimum income rule.

And also requiring someone to be a B1 level of English is much better (so I am informed by some teachers) as Asians tend to learn by rote and many pass the life in uk test but are unable to properly converse. Also, the previous A1 level was (again informed by TESOL Teachers here in the UK) terribly low and all it meant was that you could answer very very basic questions about oneself.

Good work UKBA,

[7by7]

This is a specific question on one aspect of the new rules. Please restrict posts here to that aspect.

There is a lengthy topic running for general discussion and comments here.

[has876]

Hi,

As we are on the topic - My wife came to the UK on a Fiance visa in May 2012. We got married and have now successfully applied for FLR on the 31 July 2012. Is the next step to apply for ILR or apply for another FLR. I'm confused due to the new changes??

I've been told as we applied for the Fiance visa before the 9th July 2012 we follow the old rules??

Any help would be greatly appreciated!

[7by7]

You have been told correctly.

Except, as I said in post 2 above, there is one change which will effect your wife.

As she will be applying for ILR after October 2013 an ESOL with citizenship course will no longer be acceptable evidence of meeting the life and language in the UK requirement.

Applying for ILR from October 2013 she must have

• Passed the Life in the UK test. and
  
• Obtained level B1 of the CEFR in speaking and listening, or better.
  

A list of approved providers of the B1 speaking and listening test has yet to be provided by the UKBA,

[has876]

Once again thanks for all your help!