Leave to remain after spouse visa

[nosah]

Hi guys

I need your help my husband has granted a spouse visa on the 15 of August when we have applied it was on May before the new rules came out, I am wondering when he will applied for a leave to remain does the new rule will affect him? Or he will be under the old rules?

And is it true that the new rule after his 2 years visa expired he should extend it for another 2 years and then he can apply for Leave to remain?


Please I need someone to advise me
Thanks

[Lucapooka]

He falls under the old rules and may apply for ILR shortly before his leave expires.

[nosah]

He falls under the old rules and may apply for ILR shortly before his leave expires.

You mean before his visa expired? He doesn't have leave to remain yet as his visa still valid

[CR001]

He falls under the old rules and may apply for ILR shortly before his leave expires.

You mean before his visa expired? He doesn't have leave to remain yet as his visa still valid

- leave to remain is his spouse visa, i.e. permission to remain in the UK. He can apply for Indefinite leave to remain 28 days before completing 2 years on his spouse visa.

[Casa]

Apply no earlier than 28 days before the 2nd anniversary of his arrival in the UK on his spouse visa.

[nosah]

Thanks a lot casa
Is the new rule 4 years visa? My friend asked me but I don't know the right answer

[Casa]

The new Rule is 2.5 years + 2.5 years = 5 years.
Your husband has a 2 year spouse visa. He then applies for ILR and 1 year after applies for British Citizenship.
Remember thought that he will need to pass both the Life in the UK test and the B1 English test before he applies for ILR.

[nosah]

Thanks alot but why does he need the B1 English test whereby he already did the test when he applied for the visa.
And could you tell me please before how long does he need to do the B1 test? Also where in Manchester this test take place?


As well as he got the visa on the 15 August 2012 and it will expired on the 15 November 2014 so should we apply before 28 days of this expire date (27 months) which will be on October or 28 days of the two years expire date (24 months) that will be on July?

Sorry for asking many questions.

[jaberdene]

Thanks alot but why does he need the B1 English test whereby he already did the test when he applied for the visa.
And could you tell me please before how long does he need to do the B1 test? Also where in Manchester this test take place?


As well as he got the visa on the 15 August 2012 and it will expired on the 15 November 2014 so should we apply before 28 days of this expire date (27 months) which will be on October or 28 days of the two years expire date (24 months) that will be on July?

Sorry for asking many questions.

NOSAH NOSAH NOSAH, listen to me my friend. Im trying to help you out OK.

1.Apparently you are confusing with visa and leave to remain. as your husband is in UK now, your husband's spouse visa is limited leave to remain in UK. As for your husband, now the spouse visa , limited leave to remain and permission to stay are exactly same thing. Now your husband has spouse visa. Now you husband has limited leave to remain. just same thing. (I'll give you example. you have a spouse. That means you have a husband. same thing. You cant say I have a spouse, but I dont have a husband)

2. now your husband has limited leave to remain (spouse visa). Your husband's limited leave to remain (spouse visa) will expire on 15 November 2014. Now your husband doesn't need to extend his spouse visa. Your husband will need to apply for indefinite leave to remain before his spouse visa expires. He can apply for the indefinite leave to remain no earlier than 28 days before the 2nd anniversary of his arrival in the UK on his spouse visa. (dnt know when your husband first arrived in UK).

(limited leave to remain (LTR) and indefinite leave to remain (ILR) are two different thing. Dont confuse)

3. if he passed english test at B1 level or above in UKBA approved test centre for his spouse visa application then he wont have to take any test again. use the certificate again.
if he passed english test below B1 level for his spouse visa application he MUST pass english test at B1 level or above at UKBA approved english test centre.

http://www.ukba.homeoffice.gov.uk/sitec ... -tests.pdf this is the list of UKBA approved test centres.

in manchester he can take the test at this college: http://www.trinitycollege.co.uk/site/?id=2094

(All applicants MUST pass english test at least B1 level before they apply ILR starting from october 2013 no matter which rules apply to them. )


4. He also must pass life in the UK test before he applies for ILR http://lifeintheuktest.ukba.homeoffice.gov.uk/

Nosah my friend read carefully the posts in this thread . There are a lot people who are full of knowledge and eager to help people out.

good luck

[nosah]

Thank you so much my friend

But last question my husband did PET and he got Merit only 1 mark from Distinction which is equal to B1, but does his certificate has an expire date? He did the test on February 2012.

[decentkhuu]

Thank you so much my friend

But last question my husband did PET and he got Merit only 1 mark from Distinction which is equal to B1, but does his certificate has an expire date? He did the test on February 2012.

http://www.ukba.homeoffice.gov.uk/polic ... appendixo/ follow this link and check 2nd test. I think it is the one you husband did. It says NO EXPIRY.

[nosah]

Thank you so much guys for your help