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What are the procedures/process for a ILR?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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nucleus888
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What are the procedures/process for a ILR?

Post by nucleus888 » Fri Jul 20, 2007 4:48 pm

My wife has sucessfully got her settlement visa ...
I MUST THANK YOU ALL for your help and guidance. MANY THANKS.

She will be arriving next week ...

As I understand ... A settlement visa is for 2 years ... after which my wife can get a ILR ... What are the procedures/process for a ILR?

I want to start preparing and making sure everything is sorted before then.

Docterror
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Post by Docterror » Fri Jul 20, 2007 9:19 pm

The form and the Guidance notes for ILR after the 2 years are these-

http://www.ind.homeoffice.gov.uk/6353/11406/set(m).pdf

http://www.ind.homeoffice.gov.uk/6353/1 ... uidmay.pdf

Have a good look at the Note 6 of Section 9 of the form and prepare accordingly!
Jabi

avjones
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Post by avjones » Fri Jul 20, 2007 10:12 pm

congratulations!
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

nucleus888
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Post by nucleus888 » Sat Jul 21, 2007 4:00 am

Just checked out the SET (M) application form ...

Section 5 ... where can I get more details about this?

Life in the UK test ... I thought this is ONLY required if you apply for Citizenship?

Wanderer
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Ireland

Post by Wanderer » Sat Jul 21, 2007 12:25 pm

nucleus888 wrote:Just checked out the SET (M) application form ...

Section 5 ... where can I get more details about this?

Life in the UK test ... I thought this is ONLY required if you apply for Citizenship?
Nope - anyone on ILR.
An chéad stad eile Stáisiún Uí Chonghaile....

sakura
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Post by sakura » Sat Jul 21, 2007 1:07 pm

nucleus888 wrote:Life in the UK test ... I thought this is ONLY required if you apply for Citizenship?
The provision was changed...I think last year or this year...so that anyone applying for ILR also needs to pass the Life in the UK test to demonstrate proficiency in English (or Welsh).

nucleus888
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Post by nucleus888 » Sat Jul 21, 2007 1:28 pm

So after ILR ... do you need to do the test again?

What happens after ILR? ... More tests or just apply for Citizenship?

sakura
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Post by sakura » Sat Jul 21, 2007 1:35 pm

nucleus888 wrote:So after ILR ... do you need to do the test again?

What happens after ILR? ... More tests or just apply for Citizenship?
I don't think you take it again. So...you wife came on a spouse visa...28 days less 2 years she applies for ILR...28 days less 3 years she applies for naturalisation. She can apply for citizenship 3 years (less 28 days) to the day she arrived in the UK (....well, I am always a bit confused as to whether it's "to the day arrived in the UK" or "the day received the visa", but I think it is the former).

SYH
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Post by SYH » Sat Jul 21, 2007 2:39 pm

sakura wrote:
nucleus888 wrote:So after ILR ... do you need to do the test again?

What happens after ILR? ... More tests or just apply for Citizenship?
I don't think you take it again. So...you wife came on a spouse visa...28 days less 2 years she applies for ILR...28 days less 3 years she applies for naturalisation. She can apply for citizenship 3 years (less 28 days) to the day she arrived in the UK (....well, I am always a bit confused as to whether it's "to the day arrived in the UK" or "the day received the visa", but I think it is the former).
NO I don't think it is 28 days less 3 years she applies for citizenship, please check the application and guidance to be sure

sakura
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Post by sakura » Sat Jul 21, 2007 3:20 pm

SYH wrote:
sakura wrote:
nucleus888 wrote:So after ILR ... do you need to do the test again?

What happens after ILR? ... More tests or just apply for Citizenship?
I don't think you take it again. So...you wife came on a spouse visa...28 days less 2 years she applies for ILR...28 days less 3 years she applies for naturalisation. She can apply for citizenship 3 years (less 28 days) to the day she arrived in the UK (....well, I am always a bit confused as to whether it's "to the day arrived in the UK" or "the day received the visa", but I think it is the former).
NO I don't think it is 28 days less 3 years she applies for citizenship, please check the application and guidance to be sure
Ah, well I know it is less 28 days for ILR, so I assumed it would be the same for naturalisation.

However, as the guideline states this:
You must have been physically present in England, Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands on the day 5 years before the application date (3 years if married to or the civil partner of a British citizen). The application date is the date on which it is received by the Home Office. For example if your application is received on 20/11/2005 you should have been physically present in the United Kingdom on 21/11/2000 (or 21/11/2002 if married to or a civil partner of a British citizen). The period between this and the application date is called the residential qualifying period.
Then it would seem it must be 3 years to the day. (Now I remember!) It is indeed three years to the day that you can apply for naturalisation.

Apologies for the confusion - forget the "less 28 days" rule for naturalisation. Funnily enough I remember reading it on the board not that long ago.

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