Converting Spouse Visa To ILR - Timing?
#1
Just Joined
Thread Starter
Joined: Mar 2011
Posts: 6
Converting Spouse Visa To ILR - Timing?
First time, (very) long time.....
I am hoping that the collective knowledge of BE can assist in clarifying the correct/best procedure to follow to obtain ILR for my Australian wife. Situation is as follows:
I am a UK citizen (with Australian citizenship awarded 18 months ago), wife is an Australian citizen. We married in the UK in 2004, but lived in Australia from the time of our wedding. My wife applied for, and received, Settlement Spouse/CP (KOL reqd) visa, granted in September 2009. We then spent several months travelling, prior to entering the UK in February 2010. Obviously, given the time that elapsed between the granting of the visa and our entry to the UK, there is a gap between the 27 month validity of her current visa (December 2011) and her 24 month period of residency in the UK (February 2012).
From what I have read here, I believe that it is possible for her to sit the KOL test prior to either of the dates mentioned above, following which she can apply for ILR - I am right in this thinking? Obviously this will be the simplest (and the cheapest) way of maintaining continuity in her residency status - OT, how much have visa fees gone up recently?!
Since I'm on a roll here, she also recently renewed her Australian passport with the Australian High Commission in London so, currently, has no UK visa in her new passport. She does still hold her old Australian passport (still valid until May 2011 but with a chunk cut off the cover - ie cancelled). Again, it is my understanding that she will be able to re-enter the UK (at least once) by carrying both passports to show her UK visa. Can anyone confirm that this is correct?
As she travels to Europe frequently for work, it is difficult to find a window of time sufficient to send off her passport for a visa update. If she were able to sit the KOL test (and pass!), then apply for the ILR visa, which would be affixed to her new Australian passport, then all would be well and we could move on to thinking about a UK passport for her in time.
Thank you to those who are able to shed some light on the above.
I am hoping that the collective knowledge of BE can assist in clarifying the correct/best procedure to follow to obtain ILR for my Australian wife. Situation is as follows:
I am a UK citizen (with Australian citizenship awarded 18 months ago), wife is an Australian citizen. We married in the UK in 2004, but lived in Australia from the time of our wedding. My wife applied for, and received, Settlement Spouse/CP (KOL reqd) visa, granted in September 2009. We then spent several months travelling, prior to entering the UK in February 2010. Obviously, given the time that elapsed between the granting of the visa and our entry to the UK, there is a gap between the 27 month validity of her current visa (December 2011) and her 24 month period of residency in the UK (February 2012).
From what I have read here, I believe that it is possible for her to sit the KOL test prior to either of the dates mentioned above, following which she can apply for ILR - I am right in this thinking? Obviously this will be the simplest (and the cheapest) way of maintaining continuity in her residency status - OT, how much have visa fees gone up recently?!
Since I'm on a roll here, she also recently renewed her Australian passport with the Australian High Commission in London so, currently, has no UK visa in her new passport. She does still hold her old Australian passport (still valid until May 2011 but with a chunk cut off the cover - ie cancelled). Again, it is my understanding that she will be able to re-enter the UK (at least once) by carrying both passports to show her UK visa. Can anyone confirm that this is correct?
As she travels to Europe frequently for work, it is difficult to find a window of time sufficient to send off her passport for a visa update. If she were able to sit the KOL test (and pass!), then apply for the ILR visa, which would be affixed to her new Australian passport, then all would be well and we could move on to thinking about a UK passport for her in time.
Thank you to those who are able to shed some light on the above.
#2
BE Forum Addict
Joined: Dec 2008
Posts: 3,396
Re: Converting Spouse Visa To ILR - Timing?
A postal application in the UK is increasing in April, from £900 to £972.
An in-person application at a PEO (such a visa would usually be granted on the day if requirements are met) is increasing from £1,250 to £1,350 in April.
As mentioned above, this could be done in one day if you want to pay the extra £350 (£378 from when fees change in April).
#3
Just Joined
Thread Starter
Joined: Mar 2011
Posts: 6
Re: Converting Spouse Visa To ILR - Timing?
Thank you very much for taking the time to address my questions - best we get cracking, though I don't think we can beat the price increases....