UK spouse/settlement visa from South Africa - advice please

[warwick]

Hi all,
My wife and 2 daughters are British citizens and I am a South African passport holder. We have been married for 7 years this March and are currently selling our business with the intention to move to the UK. As my wife would like to return to her family and we also feel that it is the best decision for our family. My question is as we will both be unemployed at the time of the application (but will have sufficient funds due to sale of business) will this be a problem. From what I have read so far in this forum all the sponcers seem to be employed. We obviously would be looking at working in the UK but only once we move there. We own a flat there as well but this is rented out and we would be looking at buying a house to live in. Any advice regarding what my wife should say in her letter, or proof etc etc will be greatly appreciated. A further question regarding the UK test - because of the length of our marraige am I able to take the test staight away when we arrive in the UK and apply for indefinite leave to remain right away?

[John]

Roughly how much savings will the two of you have? Sale of business could mean anything! £5000? £5m? What?

When you apply for your spouse visa, make a point of pointing out how long the two of you have been married, and ask for the "KOL REQ" endorsement on your visa. That way, as you say, when you get to the UK, take and hopefully pass the test, and then you can apply for ILR without delay.

[warwick]

Hi John
We are hoping to have around 500000 pounds to buy a house and also have a buffer to live on for a year to find work.
What is the KOL REQ endorsement exactly and how do I apply for it i.e. seperate letter requesting it?

[mochyn]

Roughly how much savings will the two of you have? Sale of business could mean anything! £5000? £5m? What?

When you apply for your spouse visa, make a point of pointing out how long the two of you have been married, and ask for the "KOL REQ" endorsement on your visa. That way, as you say, when you get to the UK, take and hopefully pass the test, and then you can apply for ILR without delay.

I thought you had to be here for two years on a spousal visa before applying for ILR?
If not can you provide a link?

[John]

We are hoping to have around 500000 pounds to buy a house and also have a buffer to live on for a year to find work.

Very clearly the financial test will be passed, even if neither of you are yet in employment in the UK.

What is the KOL REQ endorsement exactly and how do I apply for it i.e. seperate letter requesting it?

As you have already been living with your wife, outside the UK, for at least 4 years, it should be the case that the "KOL REQ" endorsement should be applied automatically. However it is not unknown for British Missions around the world to miss the point, so no harm at all you pointing out in a covering letter the time you and your wife have been married, and living together outside the UK, and pointing out the spouse visa should be issued with the "KOL REQ" endorsement.

After you get to the UK, study for and hopefully pass the Life in the UK Citizenship test. As soon as that is passed, and because of the "KOL REQ" endorsement, you can apply for your ILR without needing to wait nearly 2 years.

The background to all this is that until nearly 3 years ago, based upon your time together, you would have been issued with ILE .... indefinite leave to enter. But now that can only happen if you have already passed the Citizenship Test. So now the "let out clause" is that the "KOL REQ" endorsement can be applied, and as soon as the test has indeed been passed, ILR can be applied for.

By the way, are you visiting the UK again before you will be applying for your spouse visa? If the answer to that is "yes", consider taking the test on such a visit, and then, assuming you pass, your spouse visa when you apply for it, will be issued in the form of ILE.

But no sense making a special trip just to take the test.

[warwick]

Thanks John, you have been very helpfull. There is a possibility of a visit before and if so I will take up your advice and do the test.