on spouse visa - planning to take Life in UK test for the application of ILR

[Terpe]

..... As I was reading the requirements of the Home Border Agency for application on Indefinite Leave to Remain, it says that I need to get the ESOL exam and Life in Britain test. Does anyone know if I would still need the ESOL considering that I took the IELTS before and even got a score above the required 4.

Hello Mickaela, welcome back here.

Here is the ILR application form

and

here are the guidance notes

Please review both links carefully.

IELTS is an English Language Test. This is a requirement for entry clearance and FLR ONLY
It is not required for ILR

If you look at the ILR form it states:-

"5.3 Have you obtained one of the relevant qualifications listed in Note 2 to show that you have sufficient knowledge of the English language and life in the UK? If so, show which qualification by ticking one of the boxes opposite."

The boxes to tick are one of either:-

Life in the UK test

OR

ESOL
qualification

The Note 2 states that
"Relevant qualifications are either:
A pass in the test known as the “Life in the UK” test (aimed at those with English language ability at or above ESOL • Entry 3 Level – see Note 22a-j of the guidance notes which accompany this application form);
or
A relevant ESOL with citizenship qualification issued by an approved awarding body, undertaken at an accredited • college, and demonstrating that you have progressed at least one level, as described in Note 22l-m of the guidance notes which accompany this application form.
If submitting a relevant ESOL qualification, you must also include a letter from your college containing the information specified in Note 22m of the guidance notes which accompany this application form."

..... Also, it says there that if you apply for ILR earlier than the required 28 days prior to expiration of visa, you might be denied. When is the best time to file the application then?

Mickaela, UKBA states this:-

"Please do not send us your application more than 28 days before the end of your 2-year qualifying period. If you do, we may refuse your application and we will not refund the fee. However, you must apply before your current permission to remain in the UK ends."

This means you MUST apply BEFORE your current visa expires, but NOT more then 28 days BEFORE the 2 year (24 months) probationary period of living in the UK ends.
Your ILR will not be denied as your current leave to remain will still be valid. But your application will be refused and the fee will not be refunded.

..... Another thing, there is a Biometric Resident Permit that they require. Where do I get that? Do I have to apply for it?

UKBA do not state that they require this. Here is what that state on the ILR form under section 10A documents:-

"Your Biometrics Residence Permit if you have been issued with one since entering the UK."

Hope this helps