Kaykaru

Hello everyone I'm new to this forum and would like to know whether my husband is entitled to the ILE visa.

Actually someone has told me in India, that my husband is entitled to the endorsement "SETTLEMENT: SPOUSE/CP: ILE" now because he has got the certificates of ESOL from UK and that these certificates can be submitted (along with other documents submitted previously, such as living together, UK accommodation, bank balance, proof of looking for work in the UK, etc) at the British High Commission in India and then the above endorsement can be issued from India. Is this right??

Does my husband qualify for this visa as it is the same as the ILR?

Actually my husband has already got the endorsement Spouse CP (KOL Required), based on 14 years of marriage and living in India together, with our two children and it's a multiple entry visa expiring on 5th March 2011, but because of personal reasons we prefer to renew the visa in India if this is possible otherwise the earliest we can go is 1st March 2011, using premium service as we will have to come back soon. (But this would be expensive for four of us to come specifically for the ILR)

Our original plan to come is July 2011. He did the ESOL with his present visa in the UK when we were there for a few months last year.

However if the ILE is the same as ILR then if we prefer to get this done in India, if this is the case. I'm really confused because some solicitors in the UK have said that the application for ILR must be done before the visa expiry IN the UK, otherwise we will have to submit the big bundle of documents again in India and then he'll get the existing visa (SPOUSE/CP KOL Required) endorsed.

Please can somebody advise soon. I would really appreciate it....thanks.

pennylessinindia

try posting on www.immigrationboards.com

You can only get ILE if you are applying from outside the UK and have been living out side the UK for more than 4 years. looks like you are in the UK already so do not qualify to apply again from outside uk but post on the site above

Bluegrass Lass

I'm an American married to a Brit. We are living in the USA and planning a move back to the UK for this year. We have been married longer than 4 years and this is what I understand about qualifying for the ILE visa. Btw, ILE and ILR are the same visa, however ILE has to be applied for from outside the UK.

In order for your spouse to qualify for ILE, he has to also take the Knowledge of Life in the UK test and pass it. He will have to send the KOL pass certificate with the ILE application. That is the biggest hurdle to overcome as the KOL test can only be taken inside the UK. If he does not take & pass the KOL test prior to applying for a visa, he will apply for a spousal visa that will have the KOL required endorsement. Then, once he enters the UK on that visa he can take the KOL, and then file for ILR from inside the UK.

So you have to weigh up the cost of flying to the UK first to take the KOL and then applying for the ILE visa versus the cost of filing for two different visas.

I've gotten all of my information from this forum: www.talk.uk-yankee.com. It is primarily for Americans moving to Britain, but it is open for anyone with spousal/fiance visa questions.

Hope that info helps.

Kaykaru

We are both in India and have been for the past 14 years. When my husband got the initial Spouse visa, in Dec 2008 with the KOL Reqd endorsement we went to the UK to settle and my hubby did the ESOL course (which is the equivalent), but we had to come back after 7 weeks because of family and property reasons.

Will he then get the ILE from India?

Bluegrass Lass

From what I understand, the KOL test is NOT the same as the ESOL test. The ESOL test proves he can speak English. The KOL is proof that he has Knowledge of UK Life. Does the exam results that he has say anything about "Knowledge of Life in the UK"? As far as I understand, he needs BOTH exams to qualify for the ILE visa.

However, I could be wrong as I'm not entirely sure what the ESOL exam entails - I don't know if it includes the KOL test. I urge you to go to the forum I mentioned above and ask them the questions you have asked here. They have more knowledge than I do. Good luck!

Kaykaru

The ESOL course my hubby did does have the citizenship element and this is equivalent to the KOL. Anyhow I've been informed that he can apply for the ILE from here in India, which is convenient for us. Thanks

pennylessinindia

I should check very carefully, I think you are only applying in India as it is cheaper. Please do check with my previous suggestion

mbike

Try joining this thread:

http://www.immigrationboards.com/vie...424fc32f788cba

Kaykaru

We're not applying from India because it's cheaper, in fact we haven't even enquired about the charges yet!!! Nor did this cross our mind. The reason as I had mentioned in my first post is that we cannot go the UK just yet because of family reasons (my husbands parents are old and his father is not well), so that's why we were exploring other possibilities of how to extend his current visa or get the ILE from India.

Anyhow thanks for the suggestions.

Tr1boy

Absolutely nothing in this thread makes much sense

pennylessinindia

also you have to show you plan to settle in the UK if you make a fresh application in India - given you have not really done so since your last visa this may be hard to show?

Kaykaru

Yes, I have been told now by some solicitors in the UK that it is now better to apply for the ILE from India when we are ready to settle and apply with the required documents, ie proof of accommodation in Uk, living together, bank balance and so forth....

Kaykaru

Maybe you haven't read the query properly then!!!!

Tr1boy

and maybe your post is iso ncoherent and quite frankly bollox in its terminology that it's pretty hard to read 'properly'.

Kaykaru

I think you need some lessons in manners. You could be more polite with your responses without resorting to inappropriate language and if things don't make sense to you then why do you bother answering?? Why don't you just let people who have understanding of the topic answer. I've posted this same question to experienced immigration solicitors over the internet, phone and via email; and they haven't questioned my terminology nor have they failed to understand the question.

Maybe it's because you're not familiar with the terminology and endorsements mentioned or then again, not fully acquainted with the rules relating to this topic.

By the way talking about incoherence, look at your response above!!! (spellings and terminology)

Moreover the idea of this forum is for members to help one another solve their problems relating to immigration/moves not for criticising members' posts just because you don't understand! People who resort to unacceptable language just demonstrate that they have nothing positive to add to the thread.