pimpmycode

Hi,

I am not sure if this has been answered before, didn't anything with the search though.
My wife will be applying for her ILR in January, she is taking the Life in the UK test later this month.

Does the UKBA have any issues with British spouses that are contractors/freelancers? I recently left permanent employment, started my own Ltd company and now contract in the UK. Would this be an issue? We are both still permanently settled in the UK. I guess the same question would apply for the year after next when my wife applies to naturalise?

WEBlue

So was your wife's spouse settlement visa issued (and activated) before the rules change of July 2012?

pimpmycode

Yes it was, thankfully. We have been here since January 2012.

roaringmouse

Not by itself it shouldn't be. Naturalisation is less stringent for such things. Last I looked, you're not asked about employment or income on the naturalisation application form. As an aside, neither the issue date nor the initial entry date has anything to do with further applications being decided under the old rules. It is the initial visa application date alone that matters.

WEBlue

Yes, you are technically correct. However, I find most non-EEA spouses in real life tend not to remember the exact application date (is this officially the date the application fee was taken?) But most do remember well either the visa's issue date or the date they arrived to live in the UK. In this case, I knew that if either of the latter dates were before 8 July 2012, the visa would fall under the old rules.

pennylessinindia

Do not know your spouses nationality, but do check the language requirements as there have been some changes to that too which are not reliant on when you applied first but when you apply again.

larrabee

Yes, the application date is the date the fee is taken, when applying outside of the UK.

http://www.ukba.homeoffice.gov.uk/vi...ly-outside-uk/

While I'm sure you're correct about an applicant perhaps not remembering the actual application date, I've yet to read of someone who is not aware of whether they fall under the old or new rules!

Actually, no one will be eligible for ILR under the new rules until 2017 as it now takes 5 years to get to that stage.

WEBlue

Yes, I thought I remembered that but was posting quickly and couldn't look it up then. It's on the application payment receipt, which visa-holders should keep safe but don't always....
Actually it does happen! I blame the UKBA website, which doesn't always make things chrystal clear.
I've run into old rules spouse visa-holders who are uncertain whether or not some or all of the new of the post 9/7/12 requirements apply to them. When PMC mentioned being uncertain whether there would be trouble with a job change to freelancing, I thought it'd be best to make sure which rules we were talking about, just in case.
Very true! But misunderstandings abound as well about how long it takes for spouses to get to ILR now. It's good to make sure everyone's on the same page.

larrabee

Absolutely!

pimpmycode

Thanks all for the replies so far. Looks like me contracting may not be an issue but if anyone has any experience then any info is appreciated.

My wife is South African. When she got her settlement visa she had to show that the language of instruction for her Bachelors degree was English. That was all that was required for proof of language. Have rules changed for ILR for South Africans such that she needs to prove her English language capability again?

pimpmycode

Thanks for bringing this to my attention. Looks like there are some changes as documented here:
KoLL Requirements
and here:
http://www.ukba.homeoffice.gov.uk/vi...language-life/

Other settlement requirements for those who applied on or before 8th July 2012 are here:
http://www.ukba.homeoffice.gov.uk/vi...ly/settlement/