ILR Application Advice

[jsnetman]

My wife joined me in November 2008 on a two year spouses visa, when that time expired she was unable to pass the Life in the UK test due to pregnancy and other factors. She was given Limited Leave to Remain outside of any normal categories and according to Discretionary Leave principles.

I'm a British citizen and we have two children both born here and British nationals.

I have attached the letter (Name Removed) of her letter when given the limited leave to remain.

Question is:

Can we apply for indefinite leave to remain using form DL or do we have to use form setm(O).

The wife has still not passed her KOLL test and is busily studying for it, I can't believe it is so difficult to get her ILR considering she has two British children in the UK, can we apply using a family/dependants route or something like that?



Thanks


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[vinny]

See also Discretionary leave - what to do.

The wife has still not passed her KOLL test

I think she should continue with DLR, applying for FLR(O) before her leave expires. Apply for SET(O) after six years under DLR.

[jsnetman]

Her visa expires in Jan 2014, presuming she can pass the KOLL preferably before October 28th can we not submit an ILR application in then using from setm(O)?

[jsnetman]

There are also references to people in the discretionary leave category which says after 6 years they can apply for ILR using form DL on the ukba website which is a hell of a lot cheaper.

"Discretionary leave
If we do not recognise you as a refugee or a person who qualifies for humanitarian protection, we may give you another type of temporary permission to stay in the UK. This permission is called 'discretionary leave to remain'. How long you are allowed to stay will depend on your circumstances, but it is unlikely to be more than three years initially.

We will only give you discretionary leave to remain in limited circumstances. If you apply to renew it when it expires, we will review your circumstances before deciding whether to give you further permission to stay. See Active review for more details. You will not be able to apply for permanent residence until you have lived in the UK for at least six years (or 10 years in some cases). To extend your residence permit or apply for permanent residence, you will need to complete application form DL - see Extend your visa for more information."

Admittedly if this route is viable it would mean extending her visa using FLR and then could we not use form DL to apply for settlement?

[jsnetman]

http://www.ukba.homeoffice.gov.uk/sitec ... hip/kol-uk

According to that link would my wife be except from the new rules?

"We also recognise that some groups are in a particularly vulnerable situation prior to obtaining
permanent residence in the UK. The KoLL requirement will therefore not apply to applications
for settlement from spouses of British citizens or persons settled in the UK who have been
victims of domestic violence or whose spouse has died."

[vinny]

Categories not subject to the knowledge of language and life requirement
...
 people applying for indefinite leave to remain following six years of discretionary leave
...

[jsnetman]

She has only 3 years on DL, plus two on a spouses visa, I just want to get this thing over with as quick as possible.

Her DL visa expires in Jan 2014, if she passes Life in The UK test or gets esol before Oct 28th can we apply early for ILR (before Jan 2014)? so not having to comply with the new rules.

She has also been assessed at level 3 ESOL it also states and cannot remember where I read it, that if assessed at level 3 you are except form the KOLL requirement.

Thanks

[Amber]

As Vinny stated previously see Discretionary leave - what to do (click) and read what that member has decided to do.

[jsnetman]

As Vinny stated previously see Discretionary leave - what to do (click) and read what that member has decided to do.

Thank's, that does answer my question, sorry for being a bit daft but these immigration rules make my head confused!