ILR Application In October

[ricardo1961]

Hi Everyone,

My wife arrived in the UK in July 2011 on a fiancee visa. We got married in September and got FLR in November 2011. We are applying for ILR in October, but are concerned, particularly given that the rules introduced in July 2012 stipulate that the sponsor must have a minimum income of just over 18k. I am disabled and have been unable to work for a while, but this was the case when we were granted FLR, I have two disability pensions totalling 11k. My wife is working full time and earning about 16k, but I suspect the decision will be based on my income. Will our application be based on the pre or post 2012 rules? My wife has passed her language test and Life In The UK. I receive DLA at the highest rate. Also, we are trying to book the premium one day visa service with Croydon, but whenever we visit the website, there are no appointment slots available. Any guidance on the above matters would be most gratefully received. Many thanks.

[Terpe]

Hi there Ricardo,

Firstly let me allay your concerns by informing you that there'll be no problem with the upcoming ILR application.

Your wife will continue to be treated under the so-called 'old-rules'. This means there will be no question of meeting any income threshold.

You wife needs to have completed 24 months living in UK as a spouse. She will not be allowed to include any time here under the Fiancee visa. Only as spouse.
The application may be posted 28 days prior to that anniversary date, or you may opt for the premium service (same day).

In connection with that please see this UKBA news item - Booking a premium service appointment – a change to the process

Also,

Booking an appointment for our premium service

and

How much does the premium service cost?


Just check that your wife's English language Pass certificate is still valid and has not expired.
BTW, applications made on and after 28 October 2013 will require a new English Language test at B1 level.

You can read more about those changes in this forum thread - New UKBA Requirements for Settlement and Naturalisation

Hope this helps.

[ricardo1961]

Many thanks Terpe, spot on as usual. I rang the PEO in Croydon earlier today and actually got through within about 12 minutes. The lady I spoke to confirmed that as FLR was granted in 2011, the application for ILR will not require proof of income. She also advised that applications for the premium service are not released until six weeks before. What concerns us now is the English test which my wife passed at C1 level on 4th October 2011 in Cambridge is valid for two years, whereas she cannot apply for ILR until 14th October 2013 at the earliest. Does this mean she has to take the test again? She has already demonstrated that she more than meets the required standard and the provider is still on the UKBA approved list. If this is the case, it will be very frustrating! Anyway, thanks again, we will keep the forum advised of our progress.