Will we get a LTE or a ILR Visa

[wmids08]

I have been married to my wife for 6 months but we have been together for over 9 years. We have two children aged 4 & 6 years old.

I am a UK Citizen but my wife if from the US. If we were to apply for a UK spouse visa does anyone have any idea if we will get a LTE or a ILR visa? I would prefer the ILR visa as we may move somewhere else in Europe down the road.

Also any ideas how long it takes to get a biometric appointment these days?

[vinny]

Spouses or unmarried partners, who have been living together for at least 4 years outside the UK, may qualify for ILE, provided that they also satisfy the KOL requirements.

[wmids08]

Thanks for the information. It seems she would need to take the life in the UK test according to the rules.

How would that work when entering the UK, would she get the ILE visa and then have to apply for the ILR visa upon arrival.

Many Thanks

[vinny]

No, an ILE is effectively the same as an ILR, after she initially enters the UK.

[wmids08]

Thanks, so she would apply to the US embassy and get ILR without the need to take the UK test, enter the UK on that visa and be done until she decides to take Citizenship after 3 years. Am I correct - thank you again.

[vinny]

Thanks, so she would apply to the US embassy and get ILR without the need to take the UK test,

Unfortunately, she would also need to satisfy the KOL requirements before qualifying for ILE (282).

provided that they also satisfy the KOL requirements.

Where an applicant has satisfied all of the requirements for ILE, except the KOL requirement, they should be granted two years leave to enter. During this time they can, at any point, satisfy the KOL requirement and then apply for indefinite leave to remain in the UK. The following endorsement should be used:

D: SETTLEMENT: SPOUSE/CP (KOL REQ): 2 years: Code 1

Also get confirmation that they will accept a combination of unmarried and married status for this purpose.