Indefinite Leave to Enter / Spouse Visa

[Ben]

Asking on behalf of a friend.

Friend is a BC, married to non-EEA national for over 4 years, residing in Ireland. The couple wish to move to the UK.

Assuming they choose to use the UK route (rather than the EEA route / Singh), I have a few questions, please:

1. Does the spouse apply for a standard Spouse visa, or an ILE visa?
2. If the spouse completes the KOL test on a visit to the UK (on a Visit visa), before applying for the Spouse / ILE visa, this is better, right? Why?
3. After entering the UK, how much time must pass before the spouse can apply for naturalisation? My friend has read 1 year, and I've read 3 years, so we're confused.

Many thanks.

[John]

Using your numbering :-

1. That depends, upon .... see 2 below
2. If the KOL test has already been passed when the visa is applied for, the visa should be granted as ILE. But if not, a standard 27-month spouse visa will be issued, but endorsed "KOL REQ".
3. 3 years

If the spouse visa is endorsed "KOL REQ", after arrival in the UK, after the test is indeed passed, ILR can be applied for immediately, instead of needing to wait nearly 2 years.

Especially if the non-EEA spouse is not a Visa National, and can easily travel to the UK without requiring a visitor visa, recommend that the test be studied for, and then a trip to Northern Ireland to take the test .... before applying for the visa.

[Ben]

Thanks very much, John.

Is it also correct that if the KOL test is passed before applying for the visa, and so an ILE visa is granted rather than a 27 month spouse visa, then the spouse avoids having to pay the £750 ILR fee once in the UK?

[vinny]

Yes. However,

If you are outside the United Kingdom

It is currently not possible to take the Life in the UK test overseas. If you are outside the United Kingdom, you will have to return to the United Kingdom to take the test. In exceptional circumstances, it may be possible for a person in Crown or designated service outside the United Kingdom, or the spouse or civil partner of someone in Crown or designated service outside the United Kingdom, to take the test overseas.

[Ben]

Thanks very much, Vinny.