Could someone please clarify?

[Mal1990]

My wife applied for settlement visa 4/4/12

Visa Granted - 26/06/12
Entered UK - 29/06/12

My question is regarding ILR. I understand we can only apply for this 28 days before her visa expires? (august 2014)

Will i have to earn a minimum salary of £18,600 and does she have to pass life in the uk aswell as achieve minimum B1 level in english?

If someone could please help.

[harv]

Hi Mal1990

You are about similar to my case as well.

My wife came to the UK in March 2012, this is what I understand needs to be done/happen:


1) Needs A1 passed - if the current certificate expires (IELTS expires in two years), needs another test to be taken before the ILR application
2) Life in the UK
3) Salary - although we come in the old system, I would believe having the minimum salary of 18,600 may also be required. The salary does not have to be only of the sponsor or applicant, Joint salaries are considered as well to make up the total of 18,600

PS - the requirements on accommodation are still needs to be satisfied for an ILR (again).

Hope this helps.

[Mal1990]

It states anyone applying for ILR after october 2013 must pass both The life in the UK test and obtain minimum B1 level.

So my wife must pass both.

Just the salary side im not too sure about.

Any MODS know what applies to me?

[asim72]

No new income requirements apply to you. You will just carry on under the requirements of old rules.

You have got it right about LiUK test, plus that B1 level thing. This will be applicable to all ILR applications submitted from October 2013.

[fox2005eng]

No new income requirements apply to you. You will just carry on under the requirements of old rules.

You have got it right about LiUK test, plus that B1 level thing. This will be applicable to all ILR applications submitted from October 2013.

hi

so what is the minimum income requirements that apply for us?, I mean the people who are under the old rules that prior to 9 July 2012!

as I'm on Fiance visa and will apply for Spouse visa in Sept 2012 after getting married ISA, if granted, then my ILR will be around Aug 2014, so what is the rules that will apply to me

Thanks

[Impatient]

You will have to meet the pre 9th July rules. New requirements do not apply to anyone who has applied and been accepted before new rules

[fox2005eng]

You will have to meet the pre 9th July rules. New requirements do not apply to anyone who has applied and been accepted before new rules

I know This, I'm asking about the rules in the future. ILR

anyhow, what about you ?

did you hear back from the embassy ?

Bye

[Impatient]

Oh haha. They don't change do they?

Nope not yet hopefully soon

[vinny]

Hi guys

I would really appreciate if someone can clarify for me. This is my understanding of my spouse applying for ILR.

1. Spouse Visa granted - 25/06/2012 until 25/09/2014.... Entered the UK on 29/06/12. (When does she apply for ILR)

2. Will the ILR application be reviewed under old rules (My salary is well below £18600) i am aware that all applicants who apply for ILR from october 2013 will need a B1 (Listening & Speaking) and pass the LIFE IN UK TEST.

3. How is application affected if we have children?

If anyone can help.

[vinny]

1. She may apply for ILR between Sunday, 1 June 2014 and 24/09/2014. However, probably safest between  29/06/2014 and 24/09/2014.

2. Old rules.

3. Non-British children may be included.

[Mal1990]

Thanks vinny.

Point 1 is a bit confusing. (Too many dates) please amend.

Point 2 (old rules) a link for what they are will be of great help. So i dont have to earn £18,600???

Thanks

[vinny]

1. Your choice.
2. 288 (Chapter 8 - Family members transitional arrangements).

[Mal1990]

There are so many sections... Which 1 is the information in?

If you can just confirm for that

1. My spouse applies for ILR after 2 years
2. Do i need to earn £18,600?
3. Maintenance
4. Additional Maintence for children?

Also dont a child born in the UK automatically a British Citizenship? I am a british citizen from birth.

[vinny]

1. Yes.
2. No.
3. MAA4 Maintenance: General requirements.
4. See also 2(8).

Child is automatically British. No need to make any application for child.

[Mal1990]

Im sorry i keep going on about the same thing. So in simple terms the ILR rules pre 9th July apply to me. Only difference is the English Language Requirement (B1 in Listening + Speaking and Pass Life In the UK test). Is this correct?

I just keep asking because different people are telling me different things... For example this Solicitor said the rules which are in affect at the time of application apply (Like minimum income £18,600) (Is this correct?)

The only thing i am 100% sure of is

1. Requirement (B1 in Listening + Speaking and Pass Life In the UK test)
2. Apply for ILR 28 days before visa expires (2 year Visa)

[nikkyraj]

Hi Mal1990

1. Your wife can apply for her ILR 28 days before her arrival date in the UK. Your wife arrived in the UK on 29/06/12. So, she can apply anytime between 01-06-14 and 24-09-14 when her existing visa is running out.
2. Your wife applied for her visa and arrived in the UK before the new rules came into existence from July 2012, so you come under the old rules. According to that, there is no minimum salary requirement. For you to earn less than £18,000 is ok.
3. This point is a bit confusing. I am not too sure about the new English test and Life in the UK test requirement. I know the website says that anyone who applies for ILR from October 2013 will need to pass the new English test and also the Life in the UK test. However, when i phoned the Home Office to double check and clarify last week, i was told that this is not the new requirement yet. This is still a proposal from the Home Office, and it still has to be passed by the Parliament. Until it is passed by the Parliament, it cannot be stated as rule (whereas, the UKBA website does not mention this at all).

My wife is in the same boat as your wife. My wife got her spouse visa in April 2012 and came to the UK at the end of May 2012, under the old rules. She will be eligible for her ILR in May 2014. She booked her Life in the UK test in January, and she is sitting her LIUK test on 21st March. I tried asking people on the forum if she will need to give the English test after she passes her Life in the UK, or will the life in the UK be sufficient enough when she applies for her ILR in May 2014, bearing in mind that a new version of Life in the UK is coming to existence at the end of March 2013.
I phoned the Home office to double check, and surprisingly was told this piece of information which not only me, but im sure a lot on this forum might be unaware of. I was told that this new English requirement and Life in the UK is just a proposal and will not become a rule until it is passed by the Parliament, in other words it can become a rule or it can also be binned as some of the other proposals have been in the past. No deadline given as well as to by what date the Parliament has to come to a decision. I was also told that until Parliament comes to a decision, and the rule is passed, and the new guidelines are set in place, the UKBA cannot advise on what to do, and i was told to tell my wife to go ahead with her LIUK test on 21st March.

So, at the end, keeping my fingers crossed that this new English requirement and Life in the Uk does not comes into existence from October 2013, because if it does, not too sure if my wife's exisiting LIUK which she is due to take on 21st March will still be valid or not, which means £50 down the drain, and also if she will need to give another english test.

Hope this helps, and i have not confused you much !

[Mal1990]

Its makes sense NickyRaj

So if the English language requirement is a proposal (not a rule yet).. Does that mean you can still do ESOL with citzenship course. In other words the current language requirements apply?

Either

1. ESOL with citizenship

Or

2. Pass the LIFE IN THE UK TEST.

[nikkyraj]

Its makes sense NickyRaj

So if the English language requirement is a proposal (not a rule yet).. Does that mean you can still do ESOL with citzenship course. In other words the current language requirements apply?

Either

1. ESOL with citizenship

Or

2. Pass the LIFE IN THE UK TEST.

Well according to what i was told you can either give ESOL with Citizenship or pass the Life in the UK test, and either one should be sufficient.
Not sure if things have changed since i last spoke to UKBA regarding the new rule from Oct 2013, so cant say more.