Visa Settlement Spouse/cp (Kol/req) - Clarification Required

[steady]

I've now jumped through all of the settlement visa application hoops and it's time to look forward. My wife has a 'visa settlement spouse/CP (KOL/REQ)' visa which was applied for before the changes in July this year, at the same time our niece (12 years old) who lives with us got a settlement visa with an 'accompanying my wife' endorsement.

My queries are:

1. Am I correct in assuming that once my wife gains an additional level on an ESOL course we just send of the paperwork with the SET (M) form and get ILR?

2. Payment? Is the fee the standard for an ILR application or is it free because the visa is saying settlement subject to meeting the KOL requirements?

3. What happens about my niece's visa?

Presently I'm struggling with the UKBA website which seems sparse on information which is in any way not the usual.

Thanks in advance.

Steady

[7by7]

Your wife can apply for ILR as soon as she has satisfied the KOL requirement. Remember that this changes in October 2013 when an ESOL with citizenship course will no longer be sufficient. Applicants from October 2013 will need to have passed the Life in the UK test. and obtained level B1 of the CEFR in speaking and listening, or better.

Your niece wont need to satisfy KOL as she will be under 18 when she applies

I'm afraid that you wife will have to pay the usual fee for ILR when she applies, currently £991 by post or £1377 in person.

As her visa is tied to your wife's your niece can apply as a dependant on the same form, which will incur an additional fee of £496 by post or £689 in person.

All visa and leave to remain fees are usually increased in April, so get their applications in before next April if you can.

See Completing application form SET(M) for more. Don't worry that it says applicants must have lived in the UK for at least 24 months; this doesn't apply to your wife as she was granted ILE subject to KOL and also doesn't apply to your niece as her status is tied to her aunt's.

Edited October 17, 2012 by 7by7