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ILR questions (please help)

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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mrgsingh
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Posts: 77
Joined: Fri Jan 13, 2012 11:31 am

ILR questions (please help)

Post by mrgsingh » Fri Jan 13, 2012 11:34 am

I will be applying for ILR on the basis of 10 yrs Long Residency in Aug2012.

I am planning to take Life in the UK test soon however I heard that there may be some changes in the Life in the UK test in Apr12. If I take the test now, will it be valid in Aug12 when I go for my ILR or I should wait till April to see if there are any changes.

My wife is here in the UK since 2006 on a spouse visa. I understand that I won’t be able to add her as a dependant on this application and I need to make another application after my ILR i.e partner of ILR. My question is that will she be eligible to apply for an ILR straight away as she’s been staying with me on a spouse visa since 2006. Besides we also have two children who are born in the UK and they will be eligible to apply for British Nationality once I get my ILR?

Your reply will be highly appreciated.

linkers
Respected Guru
Posts: 1306
Joined: Fri Dec 30, 2011 10:55 am

Post by linkers » Fri Jan 13, 2012 11:36 am

You can take the test whenever you wish and there is no expiry of it so far.

mrgsingh
Junior Member
Posts: 77
Joined: Fri Jan 13, 2012 11:31 am

Post by mrgsingh » Fri Jan 13, 2012 11:45 am

linkers wrote:You can take the test whenever you wish and there is no expiry of it so far.
Thank you for your reply however I am already aware that there is no expiry date on Life in the UK test however my question is as there may be some changes in the Life in the UK test in Apr12. If I take the test now, will it be valid in Aug12 when I go for my ILR or I should wait till April to see if there are any changes.
Please see this link:
http://lifeintheuk.net/index.php/news/w ... _minister/

Also please reply to my second question below
My wife is here in the UK since 2006 on a spouse visa. I understand that I won’t be able to add her as a dependant on this application and I need to make another application after my ILR i.e partner of ILR. My question is that will she be eligible to apply for an ILR straight away as she’s been staying with me on a spouse visa since 2006. Besides we also have two children who are born in the UK and they will be eligible to apply for British Nationality once I get my ILR?

Thank you in advance

linkers
Respected Guru
Posts: 1306
Joined: Fri Dec 30, 2011 10:55 am

Post by linkers » Fri Jan 13, 2012 11:53 am

It’s very hard to tell what would happen in future. But based on the URL you have provided “Whenever it is introduced, however, it is almost guaranteed that there will be a transition period in which both tests will be valid”.

So even if you pass it now there would be a reasonable transition period.

I passed it in April 2011 and I don’t need it before May 2012. I am in a similar situation as you are and I think the transition period would cover me. If your ILR is due in August, then it depends how long the transition period allows for both tests (old and new) to be valid.

I am sure your kids can apply for British Nationality as soon as you get your ILR. But I am not sure about your wife. I think she will still have to get FLR first as if the main applicant is on 10 years rule, he can’t get the ILR for spouse straightaway, but you need to confirm it from an expert on this forum.

mrgsingh
Junior Member
Posts: 77
Joined: Fri Jan 13, 2012 11:31 am

Post by mrgsingh » Fri Jan 13, 2012 12:11 pm

linkers wrote:It’s very hard to tell what would happen in future. But based on the URL you have provided “Whenever it is introduced, however, it is almost guaranteed that there will be a transition period in which both tests will be valid”.

So even if you pass it now there would be a reasonable transition period.

I passed it in April 2011 and I don’t need it before May 2012. I am in a similar situation as you are and I think the transition period would cover me. If your ILR is due in August, then it depends how long the transition period allows for both tests (old and new) to be valid.

I am sure your kids can apply for British Nationality as soon as you get your ILR. But I am not sure about your wife. I think she will still have to get FLR first as if the main applicant is on 10 years rule, he can’t get the ILR for spouse straightaway, but you need to confirm it from an expert on this forum.
Cheers..Linkers...Thanks for your help. It gives me a little more confidence to do the test beforehand and hope it will be valid when I apply for my ILR.

mubasher
Newbie
Posts: 40
Joined: Thu Jan 12, 2012 11:13 pm
Location: london

Post by mubasher » Sat Jan 14, 2012 8:25 pm

Hi:
i had 100 percent same situatin like you. i got my ILR on 10 years basis, the answer of your first question you can take LIFE IN UK now and it will be valid for you any time even if they make changes it wont affect you, 2nd if your wife is expiring when you apply for your ILR you can send her application with form FLRM she will get 2 years spouse visa now and once she got 2 years spouse you can apply for ILR straight way.or if she has valid visa you can wait for your decision and than can apply for her FLRM, but you definately need to change her to 2 years spouse visa (FLRM) than she can apply for ILR i got same situation and now got appointment for my wife on 8th feb.my wife has still valid visa as a dependent tier 1 general but i changed her to FLRM as i got indefinite now. one of my friend had same situation and he got ILR for her wife last week and 2nd friend in same situation got appointment on 19th jan. so hopefully he gets success and than its my turn on 8th, but will update with outcome. and for your children you dnt need to apply for visa as soon as you get your ILR you need to register your children with home office for nationality certificate and than you can apply for british passport straight way. same way i done for my child.

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