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ILR Set M New english test

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Sean7398
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Posts: 49
Joined: Fri Jul 18, 2008 9:10 pm

ILR Set M New english test

Post by Sean7398 » Sun Aug 29, 2010 9:30 am

Very confused. My wife is 3 months away from applying for ILR under Set M (already here on a spouse visa), she has passed the life in the UK test and now if we apply in December 2010, they require her to pass the english test also?? Is this correct>> Or does this apply to people who applying for leave to remain as a new spouse if they married while they were in the UK. Any ideas??? Please clarify someone.....

vinny
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Post by vinny » Sun Aug 29, 2010 10:32 am

The New English language requirement for partners is a requirement for people applying for leave to enter/remain as
Migrants marrying UK citizens must now learn English wrote:the husband, wife, civil partner, unmarried partner, same-sex partner, fiance(e) or prospective civil partner of a UK citizen or a person settled in this country.
Your wife is applying for Indefinite Leave to Remain. So it is NOT a requirement for her.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Sean7398
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Posts: 49
Joined: Fri Jul 18, 2008 9:10 pm

Post by Sean7398 » Sun Aug 29, 2010 10:52 am

what confuses me is that it says in the statement " leave to remain" which is part of indefinite leave to remain. Does the leave to remain apply to new applicants from within the UK??

John
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Location: Birmingham, England
United Kingdom

Post by John » Sun Aug 29, 2010 2:24 pm

Sean7398, you have already had your answer from Vinny.

Of course it is a requirement for the applicant for ILR to supply either a pass certificate from the Life in the UK Citizenship test, or a completion certificate from a combined ESOL/Citizenship course. That requirement continues unchanged.
John

Sean7398
Newbie
Posts: 49
Joined: Fri Jul 18, 2008 9:10 pm

Post by Sean7398 » Sun Aug 29, 2010 7:58 pm

Thank you, Thank you Vinny and others for your time, but it still is very confusing because the paragraph on the ukba site reads " They will be compulsory for people applying from within the UK as well as visa applicants from overseas."


So what the heck is going on?? also it says spouse seeking to remain in the uk, so that is what theoretically ILR is in a way, seeking to remain in the uk. or is this for other categories of immigrant who seek to remain here after becoming a spouse here?? I am really confused.
I am thick also !! lol.

geriatrix
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Post by geriatrix » Sun Aug 29, 2010 8:09 pm

Migrants marrying UK citizens must now learn English wrote:Partners who apply for settlement after completing their two-year period of temporary residence will still need to meet the 'knowledge of language and life in the UK' test. This is in addition to the new basic English language requirement, which forms part of their initial application.
An initial application can be one for leave to enter, leave to remain, or in some cases, Indefinite leave to enter (ILE). Indefinite leave to remain (ILR) application cannot be an "initial" application for spouse of British citizens or persons settled here.


regards

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