TomInHongKong

Yes, as soon as he has whatever residential evidence is required by his local test centre, he can sit the test. Thereafter it is not so much a question of applying for ILR as it is one of getting ILR confirmed. That is to say, there is no further investigation, considerataion and weighing of facts. He simply has to turn up to the relevant Government office before his 27 months elapse, and present his test pass certificate together with whatever other documentation may be necessary. The 'presumptive' permanent residence issued to him whilst outside of the country (the settlement visa), is then given official confirmation.

roaringmouse

The person still needs to apply for ILR using the appropriate form and pay the fee (which from April will be £972 by post, or £1,377 in person).

Tr1boy

This is true. Spouse (KOL) required is exactly what Mrs TB's visa said. You still have to go through all the ILR app hoops (and fees).

But Red Sea Angel and Tim may be meaning that if all of the ILE requirements are met when applying for the Settlement Visa then only the KOL is outsanding. That could be a different story, and I've seen reference to applying or making note of this on the SV application, but we either missed it or didn't know about it, so jumped through all the hoops twice.

This is what I was getting at in my threads when I said that it's very hard for me to see how someone who has been married for 4 yrs outside of the UK can take advantage of that fact unless they have done the LITUK test previously.

Red-Sea-Angel

Thank you everyone for your input

Doesn't it just feel like UKBA = money pit!!

Well, i have spent most of today trying to find a suitable language exam for my husband...one that is approved by the UKBA, available here in Egypt and in the very near future...it's been difficult to say the least! The result of which has left him with 2 less than ideal options; do a TOEIC exam. However, the available exam is for listening and reading. As i understand it there's a different exam for speaking and writing and this test centre doesn't do it...and in order to fulfil the UKBA requirements he'd need to do both since it's Speaking and Listening they need! The other option is the Cambridge ESOL exam which is perfect, but it's not until 26th March with the results available from 6th April I feel like it's cutting it all so close in case the proposed rule changes come into effect in early April *sigh* Is there anything more concrete about this, or still speculation?

Would it be an option to submit the visa application after taking the exam, but before the results come in, with a letter explaining the reults wont be available until 'so and so' date? I suspect he'll be told to delay submitting until he has all the supporting documents...

This is such a headache, literally!!

Any thoughts on all of my ramblings would be gratefully received.

TomInHongKong

This is exactly the same headache as my wife and I just had. We had been told categorically by the consulate in Shanghai that the 'Life in the UK' test didn't count for the language part of the requirement, and all the UKBA website stuff seemed to back that up, so we were desparately seeking a language test that would bring results in before April. Pulled a fair few strings but never got more than a "maybe" and a "we'll do our best to get the results to you by the end of March".

Then this forum suggested two possible alternatives, including a pass in the 'Life in the UK' test. This prompted me to write to the UKBA in Manila quoting various parts of various rules and they did indeed write back to confirm that my wife does not need a language test. A huge sigh of relief for us, but no help to you. So that leaves the other alternative...

Go ahead without a language test pass and quote Immigration Rules, Part 8, paragraphs 281(i)(b) and 282. Argue that the wording is substantively different from that of para 281(i)(a) (which requires a pass in one of the designated tests), and that you qualify for consideration under that rule due to your having been married and living together outside the UK for more than four years. State that the 'KOL req.' endorsement can apply to either or both of the two parts of the requirement (the knowledge of 'language' as well as the knowledge of 'life'), and that on this basis your husband should get the settlement visa with 'KOL req.'. As an aside : since a 'Life in the UK' test will subsequently be required anyway, and since this test satisfies the language requirement, it is logical that a spouse in this position be allowed to take one test, rather than have to do a seperate, expensive and entirely superfluous language test as well; but logic is not a strong arguing factor with the UKBA so best not to over-complicate things.

What then happens is that you get rejected. The ECO sees that your husband's application fails to tick all the boxes on his checklist and he passes it to an ECM who is none the wiser and agrees to the rejection. They give you the news and at the same time tell you how you may appeal against the decision. You then launch your appeal.

This is not a recommended strategy. As far as I know there is one case of this having been done successfully. A very recent case and quite possibly the only person to have tried it this way, but never-the-less there isn't exactly a huge body of case law to support this. One factor to consider in favour of this strategy is that your appeal, whenever it happens, would be considered under the Immigration Rules that were in force at the time of your initial application. So even if the rules change, you will still get a chance to argue your case under the old rules.

Unfortunately they are quite clear that applications will be considered on the basis of only those documents submitted at the time of application. No subsequent submissions will be entertained. This sucks, but it makes sense. Otherwise they'd potentially have a whole load of 'stalled' applications sitting in their In-trays as applicants beg more time to get copies of marriage licences, find original passports, dig out mortgage details, obtain letters and bank statements, or keep adding on an endless stream of appendices and supporting documents. At the time that you apply, your application must be complete.

The other option is to sit the test and cross your fingers regarding the changes. They'd have to lay a statement of changes before both Houses of Parliament before any changes could take effect, so if you keep your eye on the House of Commons website, you should get about a week's notice of any impending changes. If you have an application filled out already, you might keep it on ice, ready for a quick submission in a 'worst case' scenario.

pennylessinindia

The rules clearly state if you have lived outside the UK for four or more years and have passed the Life in UK no need for more ENGLISH . However if you look at the number of applications submitted each year very few , 2000 , are done this way and therefore not many seen at each embassy worldwide and not many persons assessing the application will be aware of this route .
If you have not passed Life in the UK you will need to show at time of application you met the English requirements. If you have not submitted the exam results you can not show this .

Red-Sea-Angel

This is exactly as i suspected, and for all the reasons you stated it makes sense....i was just hoping there would be an 'easy' answer lol!

The saga continues since now the Cambridge ESOL test centre have told us today that although the results are available from 6th April, this is only online (each candidate is given a special number/password to access their results) but actual certificates come from the UK and they will be issued in early May

I have found somewhere that has all the relevant required sections of the TOEIC exam, for an exorbitant amount of money They said the results would be ready around 24th March, now i'm waiting to hear if this too is online or the actual pass certificate. I also found another option on the UKBA list of approved English tests, but when i contacted the test centre they said that it was neither suitable nor accepted for immigration purposes

I just can't bring myself to submit the application without all of the supporting/neccessary papers and then potentially endure a rejection and subsequent appeal....especially with the sort of odds you described Tom. My husband needs to do an English test!

So, i'm going to email Worldbridge again to confirm that the TOEIC exam is acceptable/approved and we'll go from there.

Tr1boy

Then your only option will be to do what we did. Get the Settlement Visa, enter the UK, then in some time between then and the next 24mths, take the LITUK test and apply for ILR. (and pay for each)

In the end you'll have to bite the bullet and head down a path.

TomInHongKong

We went through the same thing. On-line results fairly soon, but official piece of paper takes months. The Certificated BULATS Online is the fastest that I know of, but BULATS tests business English and is somewhat trickier than 'normal' ESL tests (unless you're familiar with business terminology). The catch with this one is that the standard BULATS on-line test isn't accepted - it has to be the 'Certificated' version, which essentially means you take the test on-line but in an approved centre and under the watchful gaze of an approved person to make sure there's no fraud going on. I looked into this option for my wife but found there was no 'Certificated' centre in Hong Kong (and very few globally).

Do check that other test you mentioned again, though. If it's on the UKBA list of approved tests, then you might ask the test centre why they consider that their test is not suitable (maybe they offer a slightly different version or are not properly accredited). It might be that the person to whom you spoke simply isn't aware that their test is acceptable to the UKBA.

The option of gaining residence of another EU country (and thereafter entering the UK under EU rules) is one that seems valid and is unlikely to change in the near future because rules governing immigration from the EU are completely separate from normal immigration rules and cannot be amended by simply laying a statement before Parliament. It is, however, not an option that everyone will be in a position to consider. Still, I have considered that the wife and I could do a lot worse than spend a year in Tuscany...

Other options may include coming under some sort of employment visa, though the new rule changes would mean your husband would have to be earning more than GBP35,000 p.a. in order to qualify for permanent residency. And then of course there will still be the option to enter for settlement under the new (proposed) rules, once they finally change, if you (as your husband's sponsor) can land a UK-based job paying c.26k p.a. (easier said than done, I know).

It's incredibly frustrating and the idiocy of the Home Office beggars belief, with scarcely disguised political pandering, but it's not all doom and gloom. Stay positive and keep an eye on developments.

Red-Sea-Angel

The test i was referring to was the BULATS! I did indeed call again and either spoke to someone different, or someone who was better informed, since she confirmed it was both an approved test and centre for the UKBA...then she told me that the online exam isn't available here yet, "but we hope to have it very soon"... sigh...

We decided the best option was the TOEIC, and my husband went to the test centre yesterday to register and confirm a few details. Of course, there was a problem while the result for the speaking section takes only 1 week, the listening section will take 6 weeks (again this joke!). We are both so frustrated by all of this

It looks like we're stuck with the option you suggested Tom, of sitting the test and keeping everything crossed that the proposed changes take their time to come in. Less than ideal, but we really can't see another solution.

I agree completely, but we'll keep smiling, if only to confuse the powers that be

Thanks again for all of your help and advice.

pennylessinindia

Do make sure when you submit the final exam that you submit the documents referred to in the guidance and double check that at the time of application too!!

junkiejenny

HI Everybody,
I wanted to thank everyone for their much appreciated help in guiding me through this incredibly confusing path. I am happy to report that I received my settlement spouse (KOL req) visa on friday! Yeah! It only took 2 weeks from the time I filled in my online application to my documents being returned to me! Unfortunately it didn't come with any further instructions as to the next steps in order to obtain my indefinite leave to remain but after scowering through the UK border agency site again I think I have it straight. My visa is valid from the day it was approved (not my chosen date in which I intended to travel) up until 27 months. Given that I was granted a settlement visa with KOL req I do not have to wait the 2 year probationary period to apply for my indefinite leave to remain. Upon arrival to the UK and obtaining proof of my residence I can sit the KOL test at any time and then apply for indefinite leave to remain. I am assuming I have to also pay the massive fee as well. We are now going to get our house on the market and as soon as it sells (cross our fingers) we will be making our way accross the pond. Thanks everybody and good luck! Jen

Tr1boy

Congrats


That's pretty much it. The fee for ILR isn't that bad if you have enough time, it's £950 or thereabouts by post. We boxed ourselves into a corner because our intention was to go back to Oz either last year or this but this timeframe has been delayed a bit. So Mrs TB was up against the wall and we had to go for a priority appt (£1350).

We should have done excatly what you describe above last year and we would have saved £400. However, something to bear in mind is that the SETM (ILR) can take up to 6mths to be issued and they don't take progress enquiries below 6mths old, but the applicant must send their passport in, so if no travel is planned then all good. Mrs TB travels an awful lot on her own to Korea, so even if we wanted a postal application last year, I'm not sure how we would have gotten around that.

Red-Sea-Angel

For those who may be interested, the "Commons Library Standard Note - Immigration: Reforms to family migration routes" was amended today.......

I'm not sure if i'm permitted to post a link to it here but you can find it on the Parliament website.

I didn't keep a record of the original so can't say exactly what's changed, but i am relieved there's no set date for the proposed changes to be implemented (i know many, including me, feared it would be next month). It says "The Government is expected to confirm its plans for change later this year."

roaringmouse

You mean this?

At the moment it's still "fluffy" and says pretty much what has been said before - the only real difference is what you mentioned about the "government is expected to confirm its plans for change later this year" rather than specifically mention April. Now the Commons is heading towards an Easter recess, it's becoming more likely to be May at the earliest when changes are likely to occur.