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ILR old rules or new rules apply?

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

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AcrossBorders
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Posts: 109
Joined: Mon Aug 29, 2011 2:06 pm

ILR old rules or new rules apply?

Post by AcrossBorders » Mon Mar 23, 2015 5:33 pm

Hi All,

My wife received a spouse visa under old rules June 2012

Renewed visa in Oct 2014 as she wasn't ready for ILR. Will be ready for ILR in 1-2 month from now.

1) Will old or new rules apply now? so I can decide what the financial requirements will be.

2) Are there any planned changes to the immigration rules? (I am aware they are drastically cutting down the approved English cert suppliers on the 6th of April)

Thanks

Obie
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Re: ILR old rules or new rules apply?

Post by Obie » Mon Mar 23, 2015 5:40 pm

Provided extension was under 284 as opposed to Appendix Fm, you should be able to secure ILR once the KOLL has been completed.
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AcrossBorders
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Posts: 109
Joined: Mon Aug 29, 2011 2:06 pm

Re: ILR old rules or new rules apply?

Post by AcrossBorders » Mon Mar 23, 2015 5:49 pm

Obie wrote:Provided extension was under 284 as opposed to Appendix Fm, you should be able to secure ILR once the KOLL has been completed.
Thanks,

Is there a way to check what rule it was issued under, I don't recall seeing anything on the letter but will double check later.

Also, my understanding was all ILR applications (after Oct 2013) required a B1 level certificate, regardless of when the spouse visa was issue, has this since changed?

WR1
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Re: ILR old rules or new rules apply?

Post by WR1 » Mon Mar 23, 2015 8:57 pm

If the spouse visa was under the old rules, then the extension would have been under the old rules too.

The ILR will also be under the old rules.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

AcrossBorders
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Posts: 109
Joined: Mon Aug 29, 2011 2:06 pm

Re: ILR old rules or new rules apply?

Post by AcrossBorders » Mon Mar 23, 2015 9:13 pm

WR1 wrote: The ILR will also be under the old rules.
Thanks, under the old rules what was the language requirement? can I submit an old A1 english test, if this is the case I will be ready now! :mrgreen:

Is there anywhere on the UKBA website to confirm this, its the first I heard of it?

AcrossBorders
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Joined: Mon Aug 29, 2011 2:06 pm

Re: ILR old rules or new rules apply?

Post by AcrossBorders » Mon Mar 23, 2015 9:26 pm

Ok still need B1 if applying after Oct 2013. Regardless of old rules or new.
From page 15 of Form Set(M) wrote: From 28 October 2013, to qualify for indefinite leave to remain, all applicants aged 18-64 must
meet a revised knowledge of language and life in the UK requirement. The separate guidance
notes to this form provide details of where to find further information about this requirement

Amber
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Re: ILR old rules or new rules apply?

Post by Amber » Mon Mar 23, 2015 10:24 pm

Yes, KoLL includes, B1 English and LIUK for settlement.
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