Have settlement visa 2008 - can I convert it to ILR?

[Qwerty2]

Hi there

I have tried looking through this forum's postings, but there are so many and I have also tried to find the information from the UK Border Agency's website, but there's nothing I can see that clearly states my eligibility to ILR. I am hoping that someone in this forum can advise me as it's fairly straight forward (I hope)...here goes...

I am an Australian citizen married to a UK citizen for over 10 years. Last year we decided to move to the UK so I applied for a settlement visa. We have now been here one year and I'm looking into my options.

Unfortunately our son required a medical procedure two weeks after I was due to arrive into the UK, so I won't be able to apply for ILR as I won't meet the two year requirement. However, I am hoping that as I have been married to a UK citizen for over 10 years, that I can simply apply for an ILR visa as soon as I successfully pass a KOL test. My settlement visa has printed "KOL REQ".

Could someone who knows, please confirm that I am on the right track...that is, as soon as I pass a KOL test I can apply for an ILR visa and thus not have to wait to satisfy the requirements of living in the UK for two years before applying (which I won't be able to do)??

I hope this makes sense as it's late at night and I really should be sleeping!

[Obie]

Your statement makes absolute sense. So long as you have been married to a British for 4 years and lived abroad together, you qualify for ILR immediately on entry subject to you passing the KOL.

You don't need to have waited a year, you could have achieved it immediately on you arrival, after passing the test.

Spouses or civil partners of persons present and settled in the United Kingdom or being admitted on the same occasion for settlement

Requirements for leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement

281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

(i) (a) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or

__(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and

__(b)(ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and

Leave to enter as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted for settlement on the same occasion

282. A person seeking leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement may:

(a) in the case of a person within paragraph 281(i)(a), be admitted for an initial period not exceeding 27 months, or

(b) in the case of a person who meets both of the requirements in paragraph 281(i)(b), be granted indefinite leave to enter, or

(c) in the case of a person who meets the requirement in paragraph 281(i)(b)(i), but not the requirement in paragraph 281(i)(b)(ii) to have sufficient knowledge of the English language and about life in the United Kingdom, be admitted for an initial period not exceeding 27 months, in all cases provided the Immigration Officer is satisfied that each of the relevant requirements of paragraph 281 is met.

[Qwerty2]

Thank you so much for clarifying this. You know when I first arrived last year I did telephone them (the officals) and they did not mention this at all. They said that I would have to wait two, years, apply 28 days etc and it's only because I occassionally looked at the ex-pats forum it mentioned people who did apply immediately, and I thought that they were wiser than me and applied for a different visa and I stuffed up. So I finally decided to join your website to get an answer.

So grateful, because if I was under the illusion I had to apply for another month's visa (at the cost of over four hundred pounds) and then the KOL and then the ILR visa - so I've saved the four hundred pounds.

Now I just need to sort out the KOL...will read the postings of this forum and see what I can find.

Cheers