When to apply for ILR?

[nickynalack]

Hi, sorry to ask this question (I'm sure it has been asked many times already). I need some advice on when my wife and I can apply for ILR. Noi has passed the ESOL3 and Life in the UK test so the next step is ILR. Here are the facts....Noi was granted her 2 year spouse visa on 26/9/12...she arrived in England on 13/10/12. She has spent 5 weeks out of the UK over the last 2 years. Her visa expires on 26/12/14. So can we apply 28 days before this end date??. Also we are thinking of applying in person so is it best to try and book a slot now for within that time frame?.

Thanks in advance for and advice given.

Nick

[maxtwo]

You have it right you can apply 28 days before the current visa exspirers.As for inpersion not Shure but think you have to be in the last month to make the appointment.Just finished doing my wife's all in tuck 18 weeks from applying to getting letter saying granted then 3 weeks to receive biometric permit.

[nickynalack]

ok thanks maxtwo, I thought it was 28 days but I just wanted some clarification on that.

Thanks again

Nick

[maxtwo]

If I was doing again I would do In person.But we weren't allowed in person any way but I think it's worth the £300 odd to get it out the way.

[nickynalack]

my thoughts exactly

[MaprangHolmes]

my thoughts exactly

If it is not too far for you to travel Sheffield PEO is very good my wife done her ILR there last weekend after handing in all of her document and taking the biometric information we where out within the hour. Very friendly service.

[wooloomooloo]

You have it right you can apply 28 days before the current visa exspirers.As for inpersion not Shure but think you have to be in the last month to make the appointment.

Not quite. The applicant may apply within twenty-eight days prior to completing the two-year qualifying period.

The applicant can book a premium appointment at the PEO prior to this period as long as the date of the appointment falls on or after twenty-eight days prior to the qualifying period.

Booking an appointment at the PEO does take some patience. It was after weeks of trying that I managed to find an available appointment for my wife and that was at 5.30am. By the time I booked the appointment it had gone but fortunately I managed to secure the next available slot.

[maxtwo]

How is that different from what I was saying?

Edited September 14, 2014 by maxtwo

[wooloomooloo]

The leave to remain visa was previously twenty-seven months. The qualifying period is two-years.

[7by7]

How is that different from what I was saying?

You said that she can apply 28 days before her current visa, which is valid for 27 months, expires; wooloomooloo said, correctly, that she can apply 28 days before the second anniversary of her arrival in the UK with that visa.

Which in the case of the OP is 28 days before 13/10/14, the second anniversary of her arrival.

Note this is for those who come under the old rules; i.e. applied for their initial visa before 19/7/12.

Whether it is worth paying the extra £400, not £300, to apply in person is a personal choice.

[KNJ]

Just to jump on your thread, and again I am sure it has been asked before,

The life in the UK test, is that required before applying for the second visa or can that be done any time after the second visa ?

What is the experience with the test, my wife will study, but does not enjoy, is it necessary to read teh books cover to cover or are many just common sense answers?

[nickynalack]

How is that different from what I was saying?

You said that she can apply 28 days before her current visa, which is valid for 27 months, expires; wooloomooloo said, correctly, that she can apply 28 days before the second anniversary of her arrival in the UK with that visa.

Which in the case of the OP is 28 days before 13/10/14, the second anniversary of her arrival.

Note this is for those who come under the old rules; i.e. applied for their initial visa before 19/7/12.

Whether it is worth paying the extra £400, not £300, to apply in person is a personal choice.

Ok thanks for the clarification 7by7...so basically we can apply now . I'd better start sorting my pennies out lol

[maxtwo]

Life in the uk is not common sense try one of the tests on line.my solicitor did not pass.

[bobrussell]

Life in the UK is not common sense. It involves study which in turn requires effort and reasonable English skills. Done to death in other threads!

For example: http://www.thaivisa.com/forum/topic/718878-life-in-the-uk-test/

[7by7]

Just to jump on your thread, and again I am sure it has been asked before,

The life in the UK test, is that required before applying for the second visa or can that be done any time after the second visa ?

What is the experience with the test, my wife will study, but does not enjoy, is it necessary to read teh books cover to cover or are many just common sense answers?

I am assuming your wife applied for her initial visa on or after 19/7/12 and so comes under the new rules.

For her FLR application after 30 months in the UK she does not need the LitUK test, only A1 in speaking and listening. She can use the same test she used for her initial visa application, even if the certificate has expired.

However, from time to time test providers are removed from the approved list, either at their request or by UKVI; so check the list to make sure her provider is still on it and so her result still valid before applying. If they have been removed, I'm afraid she'll have to take it again.

For her ILR application after 5 years in the UK, she will need the LitUK test and B1, or equivalent, in English speaking and listening.

Most specialist language schools in the UK and local authority colleges offer courses which will help her improve her English to the necessary standard. You can also purchase a study book for the LitUK test.

[nickynalack]

Our only problem now is we still don't have the city and guilds ESOL entry 3 certificate. I assume it is best not to book an appointment before we physically have this in our possession?

[7by7]

You will need acceptable evidence that she has satisfied the English speaking and listening requirement; and all the others, of course.

I'm not sure what will happen if you turn up to the appointment without it.

Best case scenario, they will advise you not to submit the application and rebook when you have the evidence; but you will lose the £100 booking fee. You will also lose this fee if you cancel the appointment.

Worst case scenario; the application will be refused and you will lose the whole fee.

Best, in my opinion, to wait until you have the certificate and all the other necessary documents before booking the appointment.

[nickynalack]

Indeed yes, better to be safe than sorry. I am in the process of chasing up the certificate. Hopefully we will get it soon

Thanks again 7by7

Nick

[nickynalack]

Hi, just an update for you all. Today Noi and I went to the premium service centre at Solihull to apply for her ILR. Due to IT problems on their side the applications today took longer than usual to be processed. Our appointment was for 10am and we eventually got our result at 3:20pm. Fortunately it was good news...so now we can both relax and enjoy our time together...all the hard work is over . On a side note all the staff at Solihull were very friendly and helpful and there are lots of shops/restaurants/pubs to keep you occupied whilst you wait for the results of the application. So I have no hesitation in recommending this office for anybody thinking of applying for ILR in person.

Ok thanks to all for the help and advice

Regards

Nick and Noi