Applying for ILR married for 4 years

[chursy]

Hi

I am a british national and have been married to my wife ( Non EU National) for 4 years. We are currently based in Malta which is part of the EU and planning a move to UK for settlement purposes.

some questions

1) I understand that if one is married for 4 years, i can directly apply for ILR ( for my wife) ? Can someone give me links or guidance around this.

2) Before applying for this, is there some test that needs to be given hence would it make sense to have this sorted in advance? any applicable dates for validity of this certificate or how earlier one needs to have this certificate.

3) I would go through the EU Family permit route, but that will just take a long time and hence i am keen on going through this route. Please feel free to share your advice or experiences around best approach to go ahead with this.

Many Thanks and look forward to hear from you .

[Lucapooka]

Has your wife visited the UK previously to take the KOL Test?

For the applicant to qualify for indefinite leave to enter (rules paragraph 281(b) (i)), the ECO must also be satisfied that:

the couple has been married for at least four years and living together outside the UK during that time;
the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he / she is aged 65 or over at the time he/she makes the application. See SET16 Knowledge of Language and Life in the UK (the KOL provision);
the applicant does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.

Otherwise, she will be granted a 27 months temporary settlement visa, and then she can take the KOL test after she enters the UK and apply for permanent settlement (ILR) without the need to wait the mandatory 2 years.

[Jambo]

3) I would go through the EU Family permit route, but that will just take a long time and

What do you mean by "take long time"? EEA Family Permit is normally issued with 15 days in Malta (according to Visa Processing Times). No idea how long spouse visa take.

Or do you mean "take long time" for ILR? As taking the EEA route would mean your wife will obtain PR (the EEA route "ILR") only after 5 years of residence in the UK.

The main advantage of the EEA route is that it is free and has less requirements (no tests / financial requirements).

[Lucapooka]

However, assuming you have adequate financial resources at your disposal, it would be a very strange decision to put yourself through 5 years when, for a couple of grand, your wife can be a permanent resident of the UK within a matter of weeks.

[chursy]

Thanks guys . I was referring to kol earlier. Yes my wife has visited with to uk on numerous occasions and for that purpose I have used family permit which is convenient.

What I mean by long time as someone has rightly pointed is the fact you get I'll after 5 years as oppose to this route she will be able to get the passport in a years time after ilr.

Does anyone know if kol test can be given outside uk or in embassys outside uk. Also what's the validity of this certificate?

[Lucapooka]

The KOL can only be taken at test centres in the UK. It's not possible to take this test overseas. There is no expiry date. She needs to have 3 years residence and ILR to be eligible for citizenship. So, even if she takes the KOL on a visit, then applies for ILE from Malta, or enters with a spouse visa, takes the KOL, and then applies for ILR, she will still need to reside for 3 years before naturalization can be considered.

[chursy]

Thanks for clarifying that. i didnt know that so in total how many years are we talking to a passport if we take the following routes

a) spouse visa route
b) Family permit and resident card visa
c) 4 years ILR visa?

Thanks again

[Lucapooka]

a) 3 Years
b) 5 Years
c) What is a 4 years ILR visa? I'm not familiar with this.

[Jambo]

c) What is a 4 years ILR visa? I'm not familiar with this.

I guess he means ILE as been married for 4 years and living outside the UK. This would be 3 years as well till naturalisation.

Basically, if you pay for a visa, this is UK route and she can apply for BC after 3 years. If you go for the free visa option, it's EEA route and its 5 years.

Worth paying the extra cash if BC is a goal.

[vinny]

If the UKBA changes the Immigration Rules for a spouse's ILR requirement from two to five years, then there is no doubt that the EEA route will be the better option.

[chursy]

Thanks guys for all the help and suggestions very helpful indeed!

I agree if the rule changes then EEA would be a better option and much easier to get too I suppose!