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ilr without life in the uk 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

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Shahbazattari
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ilr without life in the uk test

Post by Shahbazattari » Fri Dec 30, 2011 2:44 pm

I have been in uk for 10 years on student visa. I am applying for ilr. I did not know to do life in uk test and now have no time to do it because my visa will expire tomorrow. so I am applying without life in uk test.
If I do this test and present it in the home office at the time of biometrics. will it be ok?

thanks

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Casa
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Post by Casa » Fri Dec 30, 2011 3:09 pm

The application will be refused without the KOL pass certificate. The Life in the UK (KOL) doesn't test your level of English. It's a test of your knowledge of life in the UK..politics, customs, social history and law etc. If you haven't studied for this, it may take some time before you're ready to take the test.
It won't be as simple as 'submitting the pass certificate with Biometrics'. Even after sitting the exam, assuming you pass first time, you need to allow 7 days for the results from the test centre to be added to the UKBA system.

You might be able to apply for an extension on FLR(O). I'd seek urgent legal advice before your visa expires tomorrow.

Obie
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Post by Obie » Fri Dec 30, 2011 3:47 pm

Casa i believe you are technical right, she will not qualify for ILR, but she could qualify for 2 years Leave.

Paragraph 276A1 and 276A2 may apply in OP's case, the consequence of this is that she will be granted leave not exceeding 2 years, provided she meet all the requirement other than Life in the UK test.

Essentially the application will not be refused, but she will receive a two years leave to remain, without ILR.
Smooth seas do not make skilful sailors

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Casa
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Post by Casa » Fri Dec 30, 2011 4:20 pm

This is what Obie is referring to within the link:
Requirements for an extension of stay on the ground of long residence in the United Kingdom

276A1. The requirement to be met by a person seeking an extension of stay on the ground of long residence in the United Kingdom is that the applicant meets all the requirements in paragraph 276B of these rules, except the requirement to have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom contained in paragraph 276B (iii).

Extension of stay on the ground of long residence in the United Kingdom

276A2. An extension of stay on the ground of long residence in the United Kingdom may be granted for a period not exceeding 2 years provided that the Secretary of State is satisfied that the requirement in paragraph 276A1 is met.


I believe that once you have met the KOL requirement you could then switch your FLR(0) visa to ILR without waiting for the 2 year period to end.

Here's the link to form FLR(0). Give the reason for the extension of stay in Personal History section and post the form before your visa expires..i.e tomorrow!. Keep the postage receipt.

http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf

2012
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Re: ilr without life in the uk test

Post by 2012 » Fri Dec 30, 2011 5:11 pm

Shahbazattari wrote:I have been in uk for 10 years on student visa. I am applying for ilr. I did not know to do life in uk test and now have no time to do it because my visa will expire tomorrow. so I am applying without life in uk test.
If I do this test and present it in the home office at the time of biometrics. will it be ok?

thanks
U have no other option apart from applying for an extension tomorrow and make sure that u keep u postal receipt. M sure that u know that Sunday and Monday is a bank holiday and HO wud not receive u application untill Tuesday so use the special delivery for your documents. I am very surprised to know that u left it for the last minute. Also r u sure that all u previous extension applications were made on time and HO never returned your applications for reasons such as payment issues or invalid form etc. Also u wud not be called for biometrics under 10 years long residence.

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Post by Obie » Fri Dec 30, 2011 6:45 pm

If she want to benefit from the Long Residence concession, OP can apply anytime. The rules governing Long residence does not stipulate one has to hold a valid leave to qualify. Lawful residence accured in the past can suffice for that purpose.

If everything is nicely organised, yes i will advice OP to apply tomorrow, but if it is not and to prevent invalid application, loss of section 3c right and waste of time, i will advice OP to make sure everything is fine before proceeding.

If you have everything except KOL, then apply by post tomorrow.

As you are applying under long residence rules and not for FLR, i believe the Set (o) may be the right form to use, and case worker will issue you with 2 years under thst provision.

I stand to be corrected on the above
Smooth seas do not make skilful sailors

2012
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Post by 2012 » Fri Dec 30, 2011 9:14 pm

Obie wrote:If she want to benefit from the Long Residence concession, OP can apply anytime. The rules governing Long residence does not stipulate one has to hold a valid leave to qualify. Lawful residence accured in the past can suffice for that purpose.

If everything is nicely organised, yes i will advice OP to apply tomorrow, but if it is not and to prevent invalid application, loss of section 3c right and waste of time, i will advice OP to make sure everything is fine before proceeding.

If you have everything except KOL, then apply by post tomorrow.

As you are applying under long residence rules and not for FLR, i believe the Set (o) may be the right form to use, and case worker will issue you with 2 years under thst provision.

I stand to be corrected on the above
1. Regards to your 1st point, i understand that u r trying to say that if one has already completed 10 years then application can be made afterwards as well as before completing the 10 years period (28 days rule). You always have to have a valid leave to qualify otherwise u will progress towards the 14 years long residence (legal plus illegal).
2.I do not think that OP was well organised as the OP did not have a clue about the most important requirement of the 10 years long residence "Life in the UK test" and visa is expiring tomorrow.
3. The OP has got no choice but to apply tomorrow to remain in the UK legally.
4. OP has not clarified if 10 years have been completed or if applying by using the 28 days rule.
5. OP needs to use form FLR (O) for extension and not SET (O) for ILR becasue of the Life in the UK test.

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Casa
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Post by Casa » Sat Dec 31, 2011 1:50 pm

As I said: Form FLR(0)

lukt
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Post by lukt » Sun Jan 01, 2012 2:44 pm

1. Apply for the temporary extension
2. Do the life in the uk test
try
http://lifeuk.info/blog/thank-you-i-pas ... s-reviews/
and
http://lifeuk.info/blog/

3. apply for ilr

shahbazali
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Post by shahbazali » Tue Jan 03, 2012 2:40 pm

I submitted my ilr application without life in uk test on 30-12-2011 as I had no other option. I did not know about FLR before.
now please advise me

whether to pass life in uk test and send it as well to ukba and continue the same ilr application?
or withdraw my ilr application and submit the FLR now. ilr fee has not been deducted from my account yet.

thanks

Obie
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Post by Obie » Tue Jan 03, 2012 3:11 pm

You must apply for Extention on form FLR(O) after 31 March 2009, therefore your application will be considered invalid in accordance with Paragraph 34C of Immigration rules.
Smooth seas do not make skilful sailors

2012
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Post by 2012 » Tue Jan 03, 2012 4:43 pm

shahbazali wrote:I submitted my ilr application without life in uk test on 30-12-2011 as I had no other option. I did not know about FLR before.
now please advise me

whether to pass life in uk test and send it as well to ukba and continue the same ilr application?
or withdraw my ilr application and submit the FLR now. ilr fee has not been deducted from my account yet.

thanks
1. R u the same person who started the initial post as the names are different and wat we discussed so far was for that person?

shahbazali
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Post by shahbazali » Tue Jan 03, 2012 5:41 pm

yes I am the same person

2012
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Post by 2012 » Tue Jan 03, 2012 7:19 pm

shahbazali wrote:yes I am the same person
1. If u have used SET (O) and u sent it without the test then i am sorry to say that u do not qualify for the ILR.
2. U application will be refused without any doubts for not submitting the test with u initial application.
3. U have put uself in a very difficult situation.
4. I will be very surprised to see that if u pass the test now and sent it to HO and they approve u application.
5. If you withdraw u application then u visa is already expired and you probably applied before completing the 10 years period (28 days before qualifying or applied after completing 10 years).
6. Also if you withdraw you will have a gap.
7. U shud have followed the advice given to you on the 30th to apply for an extension.

shahbazali
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Post by shahbazali » Wed Jan 04, 2012 1:00 pm

i have been working with the police and courts as translator. so I am prety sure I shall pass life in the uk test in the first attempt. I had also sent the police translator diploma with my application will it help?

2012
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Post by 2012 » Wed Jan 04, 2012 1:36 pm

1. No.

tknayak
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Post by tknayak » Wed Jan 04, 2012 3:24 pm

shahbazali wrote:i have been working with the police and courts as translator. so I am prety sure I shall pass life in the uk test in the first attempt. I had also sent the police translator diploma with my application will it help?
I understand this is a difficult situation for you.
What I would do in this situation is to go for the LIUK test asap and send it as an additional document to UKBA. Since the ILR postal applications take long time to process, there is a good chance that your document will reach the case worker even before he sees your application.

You should bear in mind that, there was a recent ruling that you cannot challenge the refusal of your application based on a document not submitted as a part of the original application. So good luck to you.

You may even consider getting advise from a legal brain.

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Casa
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Post by Casa » Wed Jan 04, 2012 3:43 pm

The KOL test isn't a test of your level of English. It tests your knowledge of life in the UK - customs, social history, politics and law, therefore the police translation diploma won't be taken into consideration. Even those from English speaking countries...USA, Australia etc are required to pass the KOL test. Have you actually looked at any of the questions in the practice material?
From the UKBA website - ILR - SET(0):
If you apply for indefinite leave to remain but do
not have a relevant qualification demonstrating
your knowledge of language and life in the UK,
your application will be refused without any refund
of the application fee.

123naveed
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Hi Dear can I ask what happened

Post by 123naveed » Mon Nov 27, 2017 6:45 pm

Hi Dear

Can I ask what was the outcome of your application

Best Regards

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Casa
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Re: Hi Dear can I ask what happened

Post by Casa » Mon Nov 27, 2017 6:52 pm

123naveed wrote:
Mon Nov 27, 2017 6:45 pm
Hi Dear

Can I ask what was the outcome of your application

Best Regards
This thread has been inactive for almost 6 years and there were major changes in the Immigration Rules in July 2012. :!:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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