After Settlement Visa, The Next Step

[shadyacres29]

Thanks to all your advice my wife was granted a settlement visa for the uk in April 2011 and the time is coming now for it to expire.

Since her arrival here she has been in full time employment as assistant manager in a restaurant, gained a uk driving licence and paid her way in taxes of course. Also her English is near perfect.

Just looking at the next step as we have heard mixed opinions about the change in law and needing to do another English test and also the life in uk test?

Please could you clarify this for us as we need to start preparing now as her visa expires in July.

We look forward to any feedback given and thank you in advance.

[wooloomooloo]

Your wife does not have to take an English test at this time. She will only require to pass life in the UK test.

[Somtamme]

We were successful recently in obtaining ILR, and like you were fortunate too in applying under the old rules i.e. pre-July 2012. So you'll need to apply for ILR with evidence of either relevant progress in ESOL from an accredited college with citizenship (letter from the college answering question s.22m) or Life in the UK. The higher standard of English B1 and Life in UK only comes into play for all applicants from Oct 2013.

You'll also need documentation under s.11A of SETM addressed to either just your wife, both you and your wife, or just you to prove finances and co-habitation. This should be equally spaced over the 2-year probationary period. Whilst UKBA explain there should be 6 letters spread over this period, in practice the more you have the better.

You can use the registry checking service, but we found once you've paid this - you're not far off from being in a position to apply for a premium service at one of the Public Enquiry Offices. This can be booked on-line but no more than 10 weeks in the future before the expiry date of the visa.

Best of luck with the ILR !

[7by7]

As said, as she applied for her original visa before 9th July 2012 and as she will be applying for ILR before October 2013 your wife comes under the old rules.

Basically:-

• She needs to have satisfied the Knowledge of Life and Language in the UK requirement; either by passing the Life in the UK test or by progressing one level on an ESOL with citizenship course at an accredited college.
• She needs to provide evidence in the form of official letters addressed to you both jointly or each of you individually to show that you have been living together for the last two years.
• She needs to show that she can be supported and accommodated without recourse to public funds.

Full details can be found at Completing application form SET(M) and appropriate links from there.