Indefinite leave to remain for my wife

[ricardo1961]

I would be grateful if someone could advise me on what date my wife can apply for ILR as she arrived here on 26th July 2011, on a fiancee visa. She was then granted FLR on 10th November 2011. She passed her life in the UK test in August 2012. Many thanks in advance.

[joebloggs]

the soonest she can apply is upto 28 days before her current visa expires
so 10th nov 2011 + 2yrs is 10 nov 2013 (should be the date her visa expires ?? or its probably the 9th of nov 2013)
10 nov 2013 - 28 days = 13 oct 2013 is the earliest
the latest is a couple of days before her visa expires..( 6 or 7th nov 2013)

but best to apply asap incase there are any problems.

[ricardo1961]

Many thanks for your reply. The only problem we think she has is that her English test validity ends on 4th October 2013, according to the certificate and taken in Cambridge on 4th October 2011. Am I correct in thinking she will have to sit this again?

[joebloggs]

i dont think you need that to apply for ILR, unless they changed the rules, your wife needs to pass the 'life in UK ' test thou.

[joebloggs]

i thought this change was not til nov 2013 :doh

from October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt;

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/june/13-family-migration

[Terpe]

It's going to be a 'new' Life in UK test also (by all accounts)

[ricardo1961]

Many thanks for all the advice. I have just rung Croydon and eventually, after listening to classical music for a while, have spoken to a very helpful lady. My wife's case will be considered under the old rules as she applied for FLR on 10th November 2011. She has passed her "Life in the UK" test so does not need to take another, she just needs to present her certificate. She does not need to take another English test as she passed this for her FLR. We took the lady's name and timed the call. All calls, of course, are recorded. We can apply for ILR 28 days prior to my Wife's FLR expiry, on the 14th October2013. The lady told me also that the fees always go up in April and the form we need to use SET(M) sometimes changes format, so we should check the BA website regularly to see if it has been amended. Any questions, please ask!