KOL requirement

[ramesheuk]

Hi,

Sorry to ask a stupid question. But need some clarification.

I initially entered on WP in July 05 and converted to HSMP in Nov 06.

I need to apply ILR in July 10. Under JR (5 years rule), I think I don't need to write the exam (Correct me if I am wrong). Is this the same case for my dependant? Or she needs to write the exam?

Thanks in advance,

[parvus1202]

Why do you think that? Starting 19 March 2009 all applicants , ILR or nationality, without KOL will be refused, including spouses.


http://www.bia.homeoffice.gov.uk/siteco ... equirement

[Casa]

If when you converted to HSMP if the condition of Life in the UK did not apply, then I believe you would be exempt now under JR.
However, wait for confirmation on this and regarding requirement for your wife. Legal professionals have all the up-to-date info.

The link given refers to the fact that if you now submit an ILR application without the KOL or ESOL being met, you will no longer be automatically granted FLR instead. Different to your case.

[parvus1202]

Yes that is correct what Casa has said. But the test mentioned in the JR that HSMP is exempt from is " Activity test". I don't know what that is. If that is the same as KOL or KOL and other tests are under Activity test, then yes, there was a judgement that came out 06/04/2009, in Wales I think. Unless there are other JR that came out regarding HSMP. But still in the HO website only above 65, below 18 and disabled are exempt, no mention of JR on HSMP. But there is this one" Exempted ' someone who has spent four years in the UK with exceptional leave to remain; this could be it?

[Casa]

Parvus if you look up 'Judicial review' on the UKBA website I believe you'll find the reference further down on the page about the exemption for KOL.

[geriatrix]

4. The High Court’s decision also covered migrant’s who entered the scheme after the Rules change of 3 April 2006 but before the scheme was suspended on 7 November 2006. As such the policy also provides for those who entered the scheme prior to 7 November 2006 to be considered under the ILR rules that were in place at that time. Whilst this group will therefore have to complete five years continuous residence before being eligible for ILR they will not be subject to a knowledge of language and life in the United Kingdom test.

KOL not required at time of ILR but a pass is must for naturalisation.

regards

[ramesheuk]

4. The High Court’s decision also covered migrant’s who entered the scheme after the Rules change of 3 April 2006 but before the scheme was suspended on 7 November 2006. As such the policy also provides for those who entered the scheme prior to 7 November 2006 to be considered under the ILR rules that were in place at that time. Whilst this group will therefore have to complete five years continuous residence before being eligible for ILR they will not be subject to a knowledge of language and life in the United Kingdom test.

KOL not required at time of ILR but a pass is must for naturalisation.

regards

Thanks for all of your advice.