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Thread: New UKBA Requirements for Settlement and Naturalisation

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  1. #1
    Respected Member Michael Parnham's Avatar
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    Quote Originally Posted by tone View Post
    Thanks All - now filled in and yes She has B1 exam pass.

    Just need to sort out professional referees and we can get it sent off.

    Thanks

    Tone
    Referees? We don't know anyone of a professional capacity!


  2. #2
    Respected Member tone's Avatar
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    Quote Originally Posted by Michael Parnham View Post
    Referees? We don't know anyone of a professional capacity!
    Hi Michael.

    It's a good list actually and even myself (MBCS) can do this for someone I know!

    https://www.gov.im/media/624353/listofreferees.pdf

    Have a look at the above link - Nurses, Doctors, Computer Professionals, Chemists (to name a few) can be referees for you.

    Tone


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    Respected Member Michael Parnham's Avatar
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    Wow, thanks Tone, much appreciated!


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    Respected Member Iani's Avatar
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    Hi, quick one, I've been reading again and again the guidance notes on the Gov UK website, plus googling, but there just isn't an answer I can find anywhere.

    Regarding the FLR, is there a maximum period in advance you can apply for this? I mean, wifey is having friends tell her it's time she applies for her FLR, it runs out next year....yes 2016.
    I'm sure this is wrong though. Thing is, all the official site says is - apply before the old visa runs out. Well that could be a day after it was first issued, not really helpful.

    Thanks again and sorry for being a bit thick here


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    Quote Originally Posted by Iani View Post
    Hi, quick one, I've been reading again and again the guidance notes on the Gov UK website, plus googling, but there just isn't an answer I can find anywhere.

    Regarding the FLR, is there a maximum period in advance you can apply for this? I mean, wifey is having friends tell her it's time she applies for her FLR, it runs out next year....yes 2016.
    I'm sure this is wrong though. Thing is, all the official site says is - apply before the old visa runs out. Well that could be a day after it was first issued, not really helpful.

    Thanks again and sorry for being a bit thick here
    How long has your wife been living here in UK as spouse ?
    To be eligible for the second FLR(M) she needs 30 months. Means she can apply max 28 days before that.

    Don't forget that the second FLR(M) is issued for 30 months also. If the visas get issued too far in advance she'll fall short on the residence requirement eligibility for ILR and be forced to apply for a third FLR just to meet the ILR residence requirements.
    No point at all in making early applications.


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    Respected Member Iani's Avatar
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    Ahh that's brilliant, thanks for that.
    Weird thing is that I just couldn't find it on the official websites.

    Anyway, she arrived in April 2013 and the visa runs out in January 2016, so I guess that means we apply October.

    Anyway, thanks again, excellent to know that


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    Respected Member Iani's Avatar
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    Hi, mind if I ask something to clarify please?

    So, the initial visa is of course for 30 months. She entered the country on the 27th April 2013.
    The visa runs out on 09/01/2016.
    So, she will have been here for 30 months to meet the residency on the 27th October this year - 2015.

    So am I right in thinking, we could apply 28 days before this date - say about the 30th September(ish)? Or up until the end of October?

    The reason I am asking, well it's this new language requirement. Her original pass was in ESOL, which of course is now defunct, but can be used in applications up until the 5th November 2015. Be good then to get applied before then.
    I know she could pass the test in IELTS, but they have a validity of 2 years, and if she had to pass this to apply for the FLR, then it would be a bit crazy as she'd have to retake it once again before the ILR.

    Many thanks again


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    Quote Originally Posted by Iani View Post
    ....
    So, the initial visa is of course for 30 months.
    Sorry to be pedantic. The initial visa for entry clearance is issued under 33 months validity.
    There's an additional 3 months so that there's time for the physical relocation to UK and still qualify under the 30 months residency requirement.
    At the FLR(M) application the visa issued will be for 30 months. With proper planning it's easily possible to meet the total 60 months residency requirement for ILR eligibility without an unnecessary extra FLR(M) application.
    It's for this reason that it's better not to apply for the FLR(M) any early than needed as it's possible not to be able to reach the 60 month target.

    Sorry Iani if you knew all this stuff but just for those readers who may not be aware.

    Quote Originally Posted by Iani View Post
    ....
    She entered the country on the 27th April 2013.
    The visa runs out on 09/01/2016.
    So, she will have been here for 30 months to meet the residency on the 27th October this year - 2015.

    So am I right in thinking, we could apply 28 days before this date - say about the 30th September(ish)? Or up until the end of October?
    Yes, you can apply up to a maximum of 28 days before the 30 month anniversary if necessary. Do be sure not to apply so early that the issued 30 month visa prevents meeting the total 60 months residency.
    Actually, the latest you can apply is the visa expiry date.

    Quote Originally Posted by Iani View Post
    The reason I am asking, well it's this new language requirement. Her original pass was in ESOL, which of course is now defunct, but can be used in applications up until the 5th November 2015. Be good then to get applied before then.
    Yes, that's correct.
    Paragraph 32D of the Immigration Rules Appendix FM-SE applies provided there is also compliance under transitional arrangements:-

    Under transitional arrangements, applicants who took an approved test before 6 April 2015 may continue to rely on that test (if it was in Appendix O on 5 April 2015) to meet the English language requirement in a partner or parent application as long as they submit their application before 6 November 2015 and regardless of whether the test was taken at a test centre approved by the Secretary of State as a secure English language test centre. The list of approved providers and tests at 5 April 2015 is available on gov.uk at URL="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/405631/selt_transitional.pdf"]Approved SELT tests - transitional list.[/URL]
    Quote Originally Posted by Iani View Post
    I know she could pass the test in IELTS, but they have a validity of 2 years, and if she had to pass this to apply for the FLR, then it would be a bit crazy as she'd have to retake it once again before the ILR.
    Actually Iani, the Immigration Rules allow for a previously awarded B1 grade pass (such as IELTS) for English Language to be perfectly acceptable for both ILR and Naturalisation applications, even if the certificate itself is expired.

    Take a look here

    Means your timing decisions concerning both B1 level English Language and Like in The UK test are essentially under your own control as expiration is not an issue.

    Personally I always advise folks to secure both as early as possible in order to avoid any time pressures.

    If you'd like to see 'chapter and verse' from the immigration rules on ILR English Language tests and Life in UK test then follow this link to the
    Immigration Rules - Appendix KoLL

    Just as a footnote - everyone should check stated sources to satisfy themselves that the info remains valid.


  9. #9
    Respected Member Iani's Avatar
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    Thanks for that, that clears a lot of things up, really appreciated


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