KOL REQ - When must test be passed by?

[Ash4uk]

Hi!

My wife entered the UK on her settlement visa valid from Oct 10, 2011. It expires on Jan 10, 2014.

We lived together overseas for more than 4 years and as such she will need to wait for 2 years in order to apply for British citizenship instead of the regular 5 years.

How quickly will she need to pass her Knowledge of Life test here in the UK so that sufficient time remains on her current visa in preparation for the application for SET(M) within the 28 day period before it expires (Jan 10, 2014)?

(I seem to remember the Embassy giving 27 months (rather than 24) on her current visa specifically to allow time in the UK for her to satisfy the KOL REQ status).

It would be a hassle doing this too late and then having to apply for FLR...

If time is running out then we'll have to get planning immediately!

Maybe I'm getting a bit confused, so I'd really be grateful for your help as soon as convenient.

Thank you.

Ashley

[harv]

Hi Ash4uk

As far as I know you can apply for ILR (Indefinite Leave to Remain) as soon as you have covered 2 years (even 28 days before so, 23 months) from date you entered the UK on your Settlement Visa.

So if your wife's entry date in the UK is Oct 10, 2011. She can apply for ILR from Sep 10, 2013. The HO gives 27 months on the visa to allow 3 months time for travel arrangements to get to the UK, in case an applicant cannot immediately leave on the issue of the visa.

Also I believe that KOL (Life in the UK) has no expiry, so your wife can pass this test whenever she likes during her time in the UK. No need to wait until you can apply for ILR, just pass the test at your earliest convenience and submit the certificate when your application when you apply.

Hope this help.

PS - Request to other members, please correct me if I am wrong.

[Ash4uk]

Hello Harv,

Thanks for your reply. Appreciate you taking the time.

I was under the impression that ILR status could be applied for immediately upon arrival in the UK (with KOL REQ written on the visa itself) following completion of the Knowledge of Life test (where the married couple had lived together for more than 4 consecutive years outside of the UK)?

Otherwise the total time that passes by will be 5 years before Citizenship can be applied for. If that was the case then there would be no distinguishing factor between the '4 consecutive years together outside of the UK' compared with that of a couple who had 'just married before applying' for Settlement.

I guess this is the crux of my question today. Please do correct me if I am mistaken, or if I'm just confusing the issue!

Thanks again.

Regards,
Ashley

[geriatrix]

If she has been issued leave with "SETTLEMENT SPOUSE/CP(KOL REQ)" endorsed on the vignette, then she may take the LITUK test anytime she wishes to and apply for ILR thereafter anytime she wishes to (she does not need to wait for 2 years).

If applying for settlement in person, make sure that you do not book PEO appointment within 2 working days of taking the test.

[Casa]

She won't qualify for British Citizenship until she's been resident in the UK for a minimum of 3 years (even with ILE). This may or may not be extended to 5 years if the proposed new regulations are introduced in 2012.

[Ash4uk]

Hello,

Thank you sushdmehta and Casa for the clarifications.

sushdmehta, she was issued leave with "SETTLEMENT SPOUSE/CP(KOL REQ)". So she will be taking the test before Christmas so that we can hurry things along.

Casa, it looks like taking the LITUK test sooner rather than later could be the better option. Of course we're hoping that if ILR has been granted before any new regulations came into force in 2012 that said regulations wouldn't overturn a decision/leave already given by the HO, thus avoiding an extension to 5 years. I'm sure common sense will prevail

Thank you.

Ashley

[sammy79]

Hello,

Please can someone advise if further fees will be required to transfer from ILE to ILR having obtained the KOL Test and how much is it presently.

My enquiries particulalry relate to applications under the 4 year rule. for married couples resident outside the UK and now returned. Considering the enormous amount of fees paid to obtain the ILE, I am not too sure if fees will again be required to have the ILR. I thought the pass KOL certificate should be sent in the application form and passport and the HO makes the transfer.

Useful links will be appreciated directing to the appropriate application form and fees.

Thank you

[John]

You seem to be under the impression that your wife has ILE, but that is not the case. She has a 27-month spouse visa, but as that visa correctly has the KOL REQ endorsement, as soon as she has passed the Life in the UK Citizenship test she can apply for ILR. Without that endorsement she would need to wait until near the end of the current spouse visa.

The form to use is the SET(M). Have a look at this UKBA webpage for lots of information, including application fee.