ILR New Rules Help

[Jamadar]

Hi

I would like to thank you in advance for reading and acknowledging my request.

Im a little confused and need some help.

My husband is on a spouse Visa which runs out on 16/02/07. He is self employed and does little removal jobs. My husband can not speak good english and I am preparing him to apply for ILR.

My queries are:

A) He has been enrolled to a Learning School to complete ESOL level 1 and 2, this is to show that he can complete an english/citizenship course and improve. He can not do a Life in teh UK test as his english is not very good. However recently he has completed level 1 and had received a certificate from the School, This is to confirm he has completed an ESOL course and is stamped by the School and is on the Schools headed paper. I am wondering whether this is ok to provide to the Home Office with the 2nd certificate. Also on the certificate it does not mention that he has completed a Citizenship Course aswel as ESOL.

B) Also I am preparing documents for both of us to send, the only thing we have in our joint names are our bank accounts and thats all. We live with our parents and therefore can not provide utility bills. Is there a format of a letter I can send to the Home Office to say this or does the letter need to come from my parents stating we live with them.

C) As my husband is self employed will a letter from his accountant be sufficient enough as a proof of income as he does not receive par slips?

D) When can we apply for ILR?

E) With regards to teh documents I do not have 20 docs in my husbands name therefore I will be including documents in my name addressed to Mrs.

I am in a state of panic as there are so many aspects to consider.

Please if you get a minute could you help

Thanks

[John]

My husband is on a spouse Visa which runs out on 16/02/07.

Do you really mean that?

[Jamadar]

Sorry!! I meant 16/02/08!

[John]

OK, that is better. I was concerned he was an overstayer!

You have a problem, but before I go on, there is a solution. Your husband either needs to supply a pass certificate from the Life in the UK Citizenship test, or alternatively a completion certificate from a combined ESOL/Citizenship course. At present he has neither and thus cannot apply for ILR.

What to do? Speak to the college and try to get the needed certificate, or if that proves not possible, appreciate that whilst he cannot apply for ILR, he can still apply for FLR ... another 2-year spouse visa. That is, there is no question of him being thrown out of the UK simply if he cannot produce either of the required certificates.

Also, whilst an application on form FLR(M) should produce a further 2-year spouse visa, once he has the needed certificate, he can then apply for his ILR without further delay. For example, if he gets the certificate after say 6 months into the new 2 years, he can apply for ILR immediately .... he does not need to wait until near the end of the new 2-year period.

[Jamadar]

Thanks John as usual you have come to my rescue! I have emailed the Head of the Learning school however on the website it does state that 'The London LifeLine Academy is registered as LifeLine Learning Centre LTD on the UK Government's Register of Approved UK Education Providers (Dfes)' Which I think is a good thing but I dont know why they haven't sent me an official certificate to prove this!

[John]

I would expect the certificate to mention ESOL but also confirm that there was a Citizenship content, so based upon what you have posted, you have not (yet) got the required certificate.

[Jamadar]

Hi John

It does say ESOL on the certificate and maybe Citizenship but its a certificate printed off by teh college and signed by teh headteacher. Is that acceptable?

[John]

I think, without quoting your husband's name, you need to post exactly what the certificate does say.

[eliasuk4u]

My queries are:

A) He has been enrolled to a Learning School to complete ESOL level 1 and 2, this is to show that he can complete an english/citizenship course and improve. He can not do a Life in teh UK test as his english is not very good. However recently he has completed level 1 and had received a certificate from the School, This is to confirm he has completed an ESOL course and is stamped by the School and is on the Schools headed paper. I am wondering whether this is ok to provide to the Home Office with the 2nd certificate. Also on the certificate it does not mention that he has completed a Citizenship Course aswel as ESOL.

B) Also I am preparing documents for both of us to send, the only thing we have in our joint names are our bank accounts and thats all. We live with our parents and therefore can not provide utility bills. Is there a format of a letter I can send to the Home Office to say this or does the letter need to come from my parents stating we live with them.

C) As my husband is self employed will a letter from his accountant be sufficient enough as a proof of income as he does not receive par slips?

D) When can we apply for ILR?

E) With regards to teh documents I do not have 20 docs in my husbands name therefore I will be including documents in my name addressed to Mrs.

What if, if some one had life in UK test certificate and has the above circumstances (Question B,C,D & E)??? what would be the answer?

[John]

Personally I think the guidance on the relevant SET application is rather good. Suggest you re-read that

Having re-read that guidance, about what evidence to supply, if you still have any queries then please post again.