ILR application help / 3 confused solicitors? who is right.

[Abs11]

Hello,

My wife came to the UK in OCT 2011 on a spouse visa. Her visa expires in JAN 2014. I have read that the new immigration rules come into effect this OCT with regard to requiring passed the life in the UK test and also English lang e.g. ESOL level 3.

My wife has passed a ESOL level 2 with citizenship course. My wife is currently studying for the life in the UK test and will start a ESOL level 3 course this SEPT. So i thought i will go to a solicitor and ask what they charge for a ILR application and when to apply.

Solicitor 1:
Yes you can apply for ILR this SEPT 2013 as by by OCT your wife will have been in UK the for 2 years continuously. And her level 2 ESOL course is sufficient, she doesn't need life in the UK test as she did citizenship with ESOL.

After visiting Solicitor 1, i thought ill check the price of the solicitor across the road and to confirm his advice.

Solicitor 2:
As your visa expires in Jan 2014. You can only apply in December. 28 days before your visa expires. you will need the Life in UK test.

By now i was confused and went to another one up the road.

Solicitor 3:

You can apply for ILR in SEPT but you will need the life in the UK test.

So guys can you tell me who is right. Your advice would be much appreciated.

[Casa]

OK, here's the good news. Your wife can apply 28 days before the 2nd anniversary of the date she arrived in the UK on her Spouse visa. The first solicitor was correct. She can apply in September and will only need to submit her ESOL course qualification or the Life in the UK pass certificate. She won't need both. She doesn't need to take the new English exam which will be required for applicants from 28th October.

Here's the template letter the ESOL course provider needs to supply:
http://www.ukba.homeoffice.gov.uk/sitec ... letter.pdf

[Amber]

Although she may not need to pass the New English requirement for settlement you should be aware that the new requirement also applies to Naturalisation applications, should that be your next step?