Spouse Settlement KOL REQ question about gap

chetan · Post by **chetan** » Mon Sep 26, 2011 7:10 pm

My father in-law was issued Settlement Spouse KOL REQ in Oct 2009 valid till Jan 2012 in Tanzania, he traveled in early 2010 to UK stayed for a few months then went back. He has come back after 8 months and has passed his ESOL test. My question is that can he apply for ILR now or will the gap in his visa affect his application?

Post by **Casa** » Tue Sep 27, 2011 2:09 pm

When you say he has 'passed his ESOL test'...has he completed an approved ESOL course with Citizen's content, and has the certificate and written confirmation from the examining school/college that he progressed from one level to the next? Or has he confused this with the new pre-entry A1 test which includes an ESOL exam option...which doesn't qualify for ILR applications?

chetan · Post by **chetan** » Tue Sep 27, 2011 6:39 pm

He has got a certificate and a letter of confirmation from the school that he has progressed from level 1 to 2. I haven't seen the letter and certificate so can't confirm the exact wording.

He has been advised by a solicitor that he cant apply for ILR because there is a gap in his 2yrs residency, he would have to extend his visa for next 2 years and then apply.

I am not confident with this solicitors advice as in this case the 2 years residency is not required, is this correct?

Post by **Casa** » Tue Sep 27, 2011 7:41 pm

Although I have to stress that I'm not legally qualified, I believe the solicitor may well be wrong. If he has ILE with the KOL condition then the 2 year qualifying period shouldn't apply as long as he can show that the relationship is subsisting. Wait for other opinions on this.

Post by **geriatrix** » Wed Sep 28, 2011 10:35 am

1. Were your father-in-law and his sponsoring partner (British citizen?) married for at least 4 years at the time of the settlement application, and had they both been living (together) outside the UK for at least 4 years preceding the application?
2. When (month-year) did your father-in-law enrol in the ESOL course?
3. As casa has already enquired, was this ESOL course one that includes "citizenship content"?

chetan · Post by **chetan** » Wed Sep 28, 2011 4:21 pm

They have been married for 36 years and have always lived together in Tanzania.

He enrolled for the course in 08/2011

I am not sure if the course included citizenship content(will confirm this).

Post by **Casa** » Wed Sep 28, 2011 8:30 pm

I've checked since your last post...and with ILE (KOL required) the gap shouldn't be a problem. He should however submit evidence that they have been living together at the same address during his time here...and if possible that they were in contact while he was out of the country.
Are you sure you mean he enrolled in 08/11? This wouldn't give sufficient time to progress from one level to the next.

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Spouse Settlement KOL REQ question about gap

Spouse Settlement KOL REQ question about gap