bruinsinUK2011

hi all!

i'm looking for some help/direction about settlement here in the UK. i am an american currently living here in the UK with my wife (a british citizen) and have been living here since september 6, 2012. i currently have a SETTLEMENT TO JOIN/ACC PARTNER(KOL REQ) visa which is valid from september 9, 2012 and expires december 12, 2014. i have recently passed the knowledge of life test and i want to apply for an "ILR". now i've read some conflicting stories about which direction to go because rules/laws have changed just before i arrived, and also while i've been living here. i applied for my current visa in april 2012 (i have a copy of the application), and i believe i received the visa sometime may/june 2012. does this mean i have to wait for the 2 years to live here to apply for an ILR, or do i have to wait for 5 years? if 2 years, can i apply now or 28 days before the visa expires? and if 5 years, i suppose i've got to get some sort of extension visa because my current one is only good for 27 months, and when do i need to apply for that, and how long is the extension good for? the whole thing is so confusing, and any help would be appreciated.

thanks!!

SanDiegogirl

If you applied for and received your visa prior to July 9 2012 then you are under old rules. (Look at your visa and paperwork it will tell you when it was issued),

You can apply for ILR 28 days prior to the expiration of the visa.

roaringmouse

If you had the KOL Req endorsement on your visa, then you would have been married & living outside the UK for 4+ years. Because of that endorsement, you can apply for ILR as soon as you have the pass certificate for the Life in the UK test.

You don't need to wait to apply for ILR - you can do it now by the sounds of it. You will be considered under the old rules because you started the partner visa journey before the changes in July 2012.

bruinsinUK2011

my visa doesn't say when it was issued, (only valid from & valid until) and i don't have any paperwork stating when it was issued. i only have a copy of my application. yes, i had applied for this in the USA and had been married for 6 years. this is great that i can apply now if it's true. but i can't find a definite answer.

bruinsinUK2011

i found some paperwork on when my visa was issued. didn't think to check old emails (duh!). thanks again!

roaringmouse

Issue date doesn't matter in regards to which rules you come under, only the application date. As you got KOL Req on the visa we know that you applied before 9 July 2012.

ncoomber

I think the 'valid from' is the issue date?

roaringmouse

It's a bit difficult to find information since the UKBA website no longer exists due to transfer of content to the gov.uk website. The gov.uk website is confusing, and doesn't seem to contain all the information that the UKBA site did - or if it does, then things can be difficult to find.

However, people who were issued with KOL Req met the requirements for ILR with the exception of the Life in the UK test, and have been able to apply for ILR as soon as they achieve a pass in the test. Start here on the gov.uk website, answer the questions as appropriate and download the SET(M) form. Then either post the application in and pay big bucks, or make an appointment to apply in person and pay even more.

bruinsinUK2011

yes i agree the new website is a bit confusing. but using the search box seems to help if you know what your looking for.

i did phone the uk visa's & immigration contact center to get some clarity, from our conversation it turns out that, since i still fall under the old rules i have to wait 2 years from when i arrived in the UK to apply for an ILR. (the visa issue date and the valid from date are 2 different things) i guess i can't apply right away after arriving here and passing the KOL test. that's fine, i've passed my test now i will have 4-5 more months to collect all of the paperwork work that is required for the application, and to save a little more money to pay for the whole thing.

thanks again for all your help!

Vadio

you were given incorrect information; the KOL required was ONLY issued when you were living together outside the UK for >4 years. I had the same visa, issued in July 2011, took the LIIK test, and got ILR in September 2011.

The "regular" old rules did specify a 2-year residency before the application for ILR; having the KOL endorsement puts you in a different eligibility category.

bruinsinUK2011

well now i'm not sure who to talk with, i've talked to 2 different people at the visa & immigration contact center and 1 told me i had to wait 5yrs, and the person i spoke with today told me 2 years. i don't want to make an appointment and pay lots of money to be told i've should of waited. just curious on how you were able to come up with all the required paperwork for the application in that short of time? must of been paperwork from the USA? must of been a different application back in 2011.

Vadio

read the info posted here in 2013:

http://britishexpats.com/forum/showthread.php?t=791930

You will still need to apply using the SET(M) forms. You can apply in person for an extra fee at a PEO location (I did mine in Liverpool). Otherwise, you mail the documents to the specified address.

The application process from 2011 was exactly the same until the 'new rules' came into effect for spousal visa applications made after July 2012.

You need to remember that the UKBA person to whom you spoke may ONLY be familiar with the new rules, and some have never dealt with the KOL endorsement.

I applied for a spousal visa from the US in 2011; I elected to take the KOL test immediately, and got ILR 2 months later.

bruinsinUK2011

VADIO

thanks for the response. your probably right about not everyone in their office is familiar with the old rules. i might just go ahead and book a PEO, i've got everything all ready to go and i assume that more rules and fees will change if i wait for 2 years and not take advantage of not having to wait. thanks again!

formula

There are fee increases from 6 April, so be quick with your booking..

bruinsinUK2011

called again for a final clarity for this topic, and after explaining my situation, and then asking to speak with someone whose familiar with the old rules (person wasn't happy about that), they put me on hold, and then they did say i do fall under the old rules. not sure why i had to explain the rules, type of visa i had, where it was issued ect. in great detail. you'd think they would of known that without me explaining it. it was all good after the conversation and then i booked an appointment in Liverpool in 2 1/2 weeks (online), didn't have any in Cardiff (really a bummer). should be exciting never been to beatle country.