ILR application date

[pinaypie]

Hi everyone.. I hope to seek help and advise again for the nth time..

I arrived in Uk 19 Sept 2011 in a spouse visa
Visa valid from : 10 Sept 2011
Visa valid until : 10 Dec 2013

Q1: tomorrow (Sept 19) will be my 2nd year exactly of me being in the uk, can I already apply for ILR anyday from now? or do I have to wait 'till 28 days before my visa expires..?

Q2: Although I am aware of the new rules which will take effect on 28 Oct 2013, my question is, given I can already apply for ILR before this date and my LITUK is done too, do I need to take the B1 english requirement.. as well??? although I know I need it for my naturalisation, I would like to leave it 'till next year. My reason is that I would like to give myself more time for the IELTS exam (afraid of failing) and to try to reduce my application expenses as much as I can as my husband is out of job for quite sometime now.

Anyone applying for ILR this end of the year as well?
Thank you in advance to all of you.

[raynaputi]

Hi Pinaypie,

Actually, you were already eligible to apply for ILR 27 days ago. It states in the rules that you can apply for ILR 28 days before your 2nd year of living here in the UK.

http://www.ukba.homeoffice.gov.uk/vi...ionformset(m)/

[pinaypie]

Wow.. thanks raynaputi for the quick reply! ummm.. i am having a second thought about the B1 english test requirement do I need to take it if I will apply before October 28? No isnt it?

Please.. please..please... tell me if I am right.. i just need reassurance for my peace of mind..

[Arthur Little]

Hello there ... and a very warm to our friendly, online filipino/uk community.

Actually ... ... you'd have been eligible to apply ANYTIME from August 23rd past ... i.e., 28 days ahead of the second anniversary of your arrival in this country.

But that is by the by, of course ... ... since you evidently hadn't been aware of this possibility.

Therefore, I'm pleased to verify that you're completely free to apply straightaway for ILR.

Likewise ... because you'll be doing so under the "Old Rules" - and [significantly] before the implementation of the new, additional B1 English Language requirement - I can further confirm your pass in the 'Life in the UK Test' will suffice at this stage.

Goodluck with your forthcoming application.

[raynaputi]

Wow.. thanks raynaputi for the quick reply! ummm.. i am having a second thought about the B1 english test requirement do I need to take it if I will apply before October 28? No isnt it?

Please.. please..please... tell me if I am right.. i just need reassurance for my peace of mind..

No you don't need the English test ..unless you plan to apply for ILR on or after 28 October 2013. But why would you do that eh??

[Terpe]

No you don't need the English test ..unless you plan to apply for ILR on or after 28 October 2013. By why would you do that eh??

Good work Rayna....

[Arthur Little]

ummm.. i am having a second thought about the B1 english test requirement do I need to take it if I will apply before October 28? No isnt it?

Please.. please..please... tell me if I am right.. i just need reassurance for my peace of mind..

NOT a problem, ... see below:-

I can further confirm your pass in the 'Life in the UK Test' will suffice at this stage.

............. ... meaning you can forget all about the English Language Test for your ILR!

[pinaypie]

I knew you would say that... Thanks rayna for your help! **hugs**

[pinaypie]

Thank you sir Terpe and sir Arthur Little.. *group hug* (just happy) really appreciate it

[skysisi]

Hi Pinaypie,

Actually, you were already eligible to apply for ILR 27 days ago. It states in the rules that yo
u can apply for ILR 28 days before your 2nd year of living here in the UK.

http://www.ukba.homeoffice.gov.uk/vi...ionformset(m)/

Hi maam rayna! So it means if i came here in UK as fiancee visa is it counted already for 2 years? And ready to apply ILR next year tho my expiration of my biometric is 2015?

[Terpe]

Hi maam rayna! So it means if i came here in UK as fiancee visa is it counted already for 2 years? And ready to apply ILR next year tho my expiration of my biometric is 2015?

Sadly, for ILR, you're not allowed to count your time here in UK as Fiancee.
The good news is that you are allowed to include it when applying for British Citizenship.

[raynaputi]

Hi maam rayna! So it means if i came here in UK as fiancee visa is it counted already for 2 years? And ready to apply ILR next year tho my expiration of my biometric is 2015?

The 2 years count starts from the day you are given Leave to Remain. So you need to wait 28 days before the expiration of your FLR(M), not from when you arrived to the UK as a fiancee. That's one of the differences between coming here as a fiancee and as a spouse. Spouse visa is technically the FLR(M) or the Leave to Remain. But the day you arrived in the UK as fiancee will be counted when you apply for Naturalisation/Citizenship.