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Life in the UK test

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Eldorado
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Life in the UK test

Post by Eldorado » Sun Aug 09, 2009 5:42 pm

I have been married to my Argentine wife for over 4 years. We are both currently in Argentina and intend to settle in the U.K. I have been told that if we both enter the country together she can apply for ILR. However, she has not passed the language or the life in the U.K test.

Can she take the test outside of the U.K?

Can she get ILR and then take the test once in the U.K?

IMMIGRATION LAWYER
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United Kingdom

Post by IMMIGRATION LAWYER » Sun Aug 09, 2009 5:54 pm

It was possible a few years ago. Now she is more likely to be issued with a UK Spouse Visa, although I have seen some Embassies still issuing Indefinite Leave to Enter.

The reasons she is quite likely to be issued with a 2.3 years UK Spouse Visa is that...there are no Life in the UK Test fascilities outside of the UK.

ESOL Entry Level 3 is another option, but it takes time.

My prediction is still the same - 2.3 year spouse visa.

Obie
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Post by Obie » Sun Aug 09, 2009 5:56 pm

If you have been married for 4 years or more, your wife will qualify for ILR immediately after she enters the UK, provided she passes her life in the UK test, read here and you meet the requirements.

Assuming you are a British Citizen, or has a settlement status in the UK of course.
Smooth seas do not make skilful sailors

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Casa
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Post by Casa » Sun Aug 09, 2009 6:53 pm

Immigration Advisor...where are you getting your information from...it's way out of date! I'm assuming this is just your log-in name and you're not OISC registered!
If you have been married for 4 or more years and living for the whole of that time outside of the UK, you can make this clear in your application and you should be issued with a visa with the code ILE - KOL REQ.
Once your wife enters the UK on this visa she can take the Life in the UK (KOL) test and as soon as she has the pass certificate she can apply for ILR without waiting for the full 2 years.
Also while we're on the subject of meeting the Knowledge of Life in the UK requirement...the ESOL option isn't that you pass Level 3. You would be expected to be able to take the KOL test if your English was at that level.
The ESOL rule is that you must show that you have progressed from one level to the next (Level 1 to level 2, or level 2 to level 3), covering Speaking and Listening, and the course must contain Citizens Material.

Eldorado
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Post by Eldorado » Sun Aug 09, 2009 7:01 pm

Thanks for the information. So we would apply for a normal spouse visa but mention that we have been married since November 2004. Since we were married, for economic reasons, I spent exactly a year in the U.K while she was in Argentina. I have kept receipts of western union transactions, phonecards etc to show that we were in contact etc Will this go against the application or should I wait until November when we will have been married for 5 years?

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Casa
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Post by Casa » Mon Aug 10, 2009 9:06 am

In order to qualify for ILE, and then ILR once the Life in the UK test has been passed, you must have spent the entire 4 years together outside of the UK.[/b] If you have a period of time when either of you was not outside of the UK and living together then you won't be issued with the ILE visa.
If you wait until the date you've suggested, will you have a continuous 4 years living together outside of the UK?

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