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    ILR - What is it all about then?

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    paulnottingham
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    ILR - What is it all about then?

    Post by paulnottingham on 14/06/11, 11:23 am

    Hi All,

    Thanks for all the help and advice on the marriage and then getting the 2 years leave to remain.

    Me and Ming Ming are all settled in and planning a uk ceremony for 2012 (hopefully putting a deposit down on a location this week!) however I am also wondering about the ILR criteria, what documents we will need, whats the timeframe and generally what its all about?

    As some of you may recall Ming Ming has been living in the UK for around 6 years on a student visa... this has now been changed to a spouse visa with 2 years leave to remain

    at the end of the 2 years do we simply need to show that we are still together or is it more complex than that ( more language tests citizenship test? and lots of documents?)

    also do we have to wait for the 2 years to be finished before we apply... or do we have to complete the process before he two years is up - how long does this typically take and can we apply in person as we did before as this was a pretty quick process?

    if there are any guides on the site please feel free to direct me to them or any otherpointers are much appreciated.

    regards

    paul

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    davidmckendrick
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    Re: ILR - What is it all about then?

    Post by davidmckendrick on 14/06/11, 02:50 pm

    Hi Paul,
    Read http://www.ukba.homeoffice.gov.uk/settlement/
    and http://www.ukba.homeoffice.gov.uk/settlement/applicationtypes/

    As far as the UKBA is concerned Settlement means ILR.


    David

    paulnottingham
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    Re: ILR - What is it all about then?

    Post by paulnottingham on 14/06/11, 03:10 pm

    davidmckendrick wrote:Hi Paul,
    Read http://www.ukba.homeoffice.gov.uk/settlement/
    and http://www.ukba.homeoffice.gov.uk/settlement/applicationtypes/

    As far as the UKBA is concerned Settlement means ILR.


    David

    so do we have to do the flrm form again? or is there a seperate form?

    i clicked through to what i though it was and it went to the flrm (which is the form we submitted before?)


    edit...

    http://www.ukba.homeoffice.gov.uk/settlement/applicationtypes/applicationformset%28m%29/

    thats the form then... 1350 fee as well... ouch!

    paulnottingham
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    Re: ILR - What is it all about then?

    Post by paulnottingham on 14/06/11, 03:37 pm

    OK... Now im being a total bonehead and confusing myself...

    whats the difference between applying for citizenship and for indefinate leave to remain?

    http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/form_an.pdf

    looking at that if ming ming did the life in the uk test couldnt we apply straight for citizenship?... if we did would we still need ilr?

    im confused... again
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    Re: ILR - What is it all about then?

    Post by davidmckendrick on 14/06/11, 09:26 pm

    Hi Confused,
    I may have pointed you at the wrong page. Try this one.
    http://www.ukba.homeoffice.gov.uk/settlement/applicationtypes/applicationformset(m)/
    http://apply.ukba.homeoffice.gov.uk/iapply.portal?_nfpb=true&_pageLabel=confirmAndDownload&formId=SETM&com.sun.faces.portlet.CLEAR_STATE=true
    http://apply.ukba.homeoffice.gov.uk/iapply.portal;jsessionid=ZpJvN3PJVnD1WtQ5w6Zn1Xg1pWB6jck74B6MW70gqThjGMkGvCv1!1855806722?_nfpb=true&_windowLabel=confirmAndDownload_1&_urlType=action&wlpconfirmAndDownload_1_com.sun.faces.portlet.VIEW_ID=%2Fpages%2FfindForm%2FconfirmAndDownload%2FConfirm.xhtml&wlpconfirmAndDownload_1_com.sun.faces.portlet.NAME_SPACE=confirmAndDownload_1
    http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/settlement/guidesetm0420091.pdf
    Fee if you are applying by post;
    Main applicant 972
    Children aged under 18 (if they are applying at the same time as the main applicant)
    486 for each child included on the main applicant's application form.

    Indefinite leave to remain or settlement means staying in the UK without becoming a UK Citizen. Ming Ming would have the right to work and get the same benefits as a UK Citizen but not the right to vote or to hold a UK Passport. If she had ILR she could leave the UK and return without having to get a new visa but if she left for a continuous period of 2 years she would lose ILR and have to start over.

    Ming Ming cannot apply for citizenship unless she already has lived in the UK for 5 years, (or three years if married to a UK Citizen), proved that she can speak English and has knowledge of Life in the UK and has indefinite leave to remain. With Citizenship she would get a UK passport which she would not lose even if she left the UK for more than two years.

    Hope this helps but feel free to ask for clarification.

    David
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    Re: ILR - What is it all about then?

    Post by Chris Seaborn on 14/06/11, 09:30 pm

    Hi Paul, Click on the section below, found on the home page about 4 down, scroll down to the last topic...UK Information-After your wife arrives. That should help you. Sorry I can't be more help.


    SUMMARY - Marriage, Visas, & After your wife arrives.

    UK Information-After your wife arrives.


    Cheers,
    Chris.
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    Re: ILR - What is it all about then?

    Post by handyal on 14/06/11, 10:51 pm

    Hi Paul,
    At the moment Ming Ming has a temporary 2 year Visa to remain in the UK. At the end of this period, and no more than 28 days before the end of her Visa (or you lose your money), you have to make one of 3 decisions.
    In each and every case you must prove you are still living together as man and wife and show documentary evidence to that effect.
    A whole host of form filling, providing documents and paying the exorbitant fees.

    1. You can extend her temporary Visa for another 2 years. This is known as FLR (Further Leave to Remain).
    For this application she must hold the A1 English Language test certificate from a UKBA approved provider.
    She has the right to work, but no recourse to public funds.

    2. You can apply for ILR (Indefinate Leave to Remain) which is a permanent Visa to live in the UK.
    For this application she must have attended an accredited UKBA college and gained an ESOL certificate at least one level higher than the level at which she was originally assessed.
    She has the right to work and the right to claim public funds.

    3. She can take the 'Life in the UK' test which gives her the option of applying for ILR or for British citizenship.

    Many Chinese think option 3 is the easier choice. Even we can't pass this test. It takes hours and hours of practice tests and a good memory to do it. If she isn't already in college taking ESOL classes (option 2) then she probably won't have time to complete an ESOL course.
    Having the A1 certificate is quick and easy and provides a safegaurd in case you don't pass the other two options.

    If you can tell us your preferred option scratch We'll try to assist you with more information.
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    Re: ILR - What is it all about then?

    Post by luckysteve on 15/06/11, 07:45 am

    Hi Paul and Ming, nice to hear from you again.
    My Wife Li Li is at this stage at the moment she arrived in England on the 25/01/11.
    We went to the local college and enquired about courses E S O L with Life in U K accreditation ( i think this is the right term ) and because she is classed as an over seas student the want to charge her nearly 5,000.00 pounds for the privilege Shocked . If we wait till next September Li Li will no longer be classed as an over seas student then she becomes a home student and at todays prices will have to pay around 2,000.00 pounds for the course E S O L.
    As Alan points out most Chinese go for option 3, she can take the 'Life in the UK' test which gives her the option of applying for ILR or for British citizenship.
    This is the road Li Li is going down at the moment purely for Financial reason we are not Rockefellers lol! .
    I have tried to answer and do a mock test myself and failed, it is not easy just like Alan pointed out.
    The cost of this test is very small in comparison to the E S O L college courses so i feel that is a big factor in the Chinese decision to go down this road.
    I hope this help you a little.

    Steve and Li Li ( one very Happy Married Couple ) Very Happy Smile .
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    Re: ILR - What is it all about then?

    Post by davidmckendrick on 15/06/11, 08:25 am

    You cannot apply for British Citizenship unless you already have indefinite leave to remain.

    David
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    Re: ILR - What is it all about then?

    Post by wanneroo on 15/06/11, 09:43 am

    The fees to learn English ESOL appear to be somewhat expensive, are you classed has an overseas student when you have migrated to the UK? in Australia we have a total of 510 hours with no fees only to be in possession of a Spouse 309 visa applicable in Australia Can someone explain for a matter of my own interest the situation for your Wife to have an accredited course and the governments role in teaching migrants
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    Re: ILR - What is it all about then?

    Post by davidmckendrick on 15/06/11, 10:26 am

    Hi Steve,
    In Scotland the fees for an accredited ESOL course with citizenship materials are 187 but the Scottish government pays up to 300 for Scottish residents for courses if you are working. Chinese immigrants on a settlement visa are residents from the day they arrive in Scotland.


    David
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    Re: ILR - What is it all about then?

    Post by handyal on 15/06/11, 10:41 am

    davidmckendrick wrote:You cannot apply for British Citizenship unless you already have indefinite leave to remain.

    David

    Correct David. Perhaps I should have stated the 'Life in the UK' enables you to get ILR and then you can apply for British citizenship if you want to.
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    Re: ILR - What is it all about then?

    Post by handyal on 15/06/11, 11:51 am

    wanneroo wrote:The fees to learn English ESOL appear to be somewhat expensive, are you classed has an overseas student when you have migrated to the UK? in Australia we have a total of 510 hours with no fees only to be in possession of a Spouse 309 visa applicable in Australia Can someone explain for a matter of my own interest the situation for your Wife to have an accredited course and the governments role in teaching migrants

    Hi Geoff,
    The UK (not including Scotland) has a unique system for Immigration.
    Firstly you must now prove your wife has a basic English Language ability to even get a temporary 27 month Visa to enter the UK.

    For the first 12 months she is classified as an 'overseas' student and has to pay full fees for any education needs.
    It is a requirement that your wife attends ESOL classes at a UKBA approved College and can improve her English to a level of ESOL at least one grade above her original assessment in order to get Indefinate Leave to Remain in the UK. In other words she can get a permanent multi entry Visa to live in the UK They are graded:
    1. Pre entry level 1.
    2. Entry level 1.
    3. Entry level 2.
    3. Entry level 3.
    If your wife is assessed at pre entry level for example, then she must pass ESOL entry 1 to prove she has gained an increase in her level of learning. The government subsidise educational training in their second year when they now become classed as a 'home student'.
    The subsidies vary and are controlled by a seperate council who allocate funds to the various Colleges, therefore the fees the colleges charge you can vary from one area to another.

    Last year we payed 150 towards the cost of Ling's course. This year with the government cutbacks we could face much higher costs.

    You can follow another avenue and take the 'Life in the UK' test. If you want to become a British citizen but passing this test also allows you to apply for ILR. Applying for British citizenship is optional.

    In Australia you pay one fee to cover the temporary Visa then you automatically get a permanent Visa after a set period of time.
    For the UK we have to pay seperate fees, make seperate applications and meet English language requirements to qualify.
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    Re: ILR - What is it all about then?

    Post by wanneroo on 15/06/11, 12:27 pm

    Thanks Alan, I guess we are a little better off than the old country, I know how things are, re the tightening up of financial issues in the UK, it being a small island, does need to have some BC to keep the place for genuine prospects to apply to enter, I get a lot of feedback from my Sister on the situation having the European gate open for all to apply to migrate, however we are much better off to a degree in these respects,we do have a big melting pot here, but this is Australia multicultural in nature.
    Mary is at full time College 5.5 hours per day x 4, at no cost to me direct, she has three certificates to obtain, Spoken and written English she will run out of free time before our application for PR is applied for by around six months then we pay
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    Re: ILR - What is it all about then?

    Post by handyal on 15/06/11, 01:05 pm

    The idea of giving 510 hours free tuition to help immigrants integrate into your system is a great idea.
    The UK could learn a lot from the Australian method.
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    Re: ILR - What is it all about then?

    Post by luckysteve on 15/06/11, 02:35 pm

    Hi David and Mei, Thank you for that.
    That sounds a lot better than what we will have to pay in Good old Blighty Surprised .
    I am just hoping Li Li is able to pass The Life in the U K test study .
    If not we will go down the E S O L route.

    Steve and Li Li Very Happy Smile .


    Last edited by luckysteve on 15/06/11, 03:01 pm; edited 1 time in total
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    Re: ILR - What is it all about then?

    Post by luckysteve on 15/06/11, 02:46 pm

    Hi Geoff and Mary, since you have a spare room how are you fixed for two lodgers lol! .
    The idea of 510 hours free teaching study for Li Li sounds very appealing.
    At this moment the Havens have opened and I think if this keeps up I will have to paddle home in a boat Shocked .
    Take care of yourselves.

    Steve and Li Li Very Happy Smile .
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    Re: ILR - What is it all about then?

    Post by luckysteve on 15/06/11, 02:57 pm

    Hi Alan, I think it would be a good idea for you to become an M P .
    You could then push through a bill at Parliament and get us at least equal to the Australian Lads Laughing .
    You have already kicked their Butts and you take no **** lol! .

    Steve and Li Li Very Happy Smile .
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    Re: ILR - What is it all about then?

    Post by handyal on 15/06/11, 03:07 pm

    Me an MP! Evil or Very Mad

    A good friend once told me 'the farther a monkey climbs up a tree, the more it exposes it's ar**'.
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    Re: ILR - What is it all about then?

    Post by luckysteve on 15/06/11, 03:54 pm

    Alan, well it is was worth a try anyway Laughing .
    How about if I Promise not to look up lol!

    Steve and Li Li Very Happy Smile .

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    Re: ILR - What is it all about then?

    Post by paulnottingham on 18/07/11, 10:51 am

    ok I think we would struggle with the english langiage because ming ming has studdied here for years and her english is almost p[erfect - she scored very highly on her tests before and i dont think its realistic she could score any higher on a future test (she has lived in th uk for 7 years so i dont see how in another year or so she will improve signifigantly from what is already a very high level)

    so i guess we have to go the route of the citizenship test?
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    Re: ILR - What is it all about then?

    Post by makem on 18/07/11, 12:47 pm

    http://www.ukba.homeoffice.gov.uk/settlement/knowledge-language-life/demonstrating/

    There are 3 ways to demonstrate your knowledge of language and life (KOL) in the UK.

    If you are an English speaker (see below) and/or you are currently in the UK as a skilled or highly skilled migrant, you must pass the 'Life in the UK test'.
    If you are not an English speaker and you are not a skilled or highly skilled migrant, you must pass a course in English for speakers of other languages (ESOL) which contains citizenship materials.
    If you are the partner of a staff member of HM Diplomatic Service, the British Council or the Department for International Development, there are other arrangements.

    I think the first applies to your wife if:

    Her English skills are at or above ESOL Entry Level 3

    The best way to find this out is to take a free assessment test at a local college.

    If she is below Entry Level 3 then she will need to take an ESOL Entry Level 3 (or below) course for 1 academic year and obtain an Entry Level 3 certificate and a letter of approved accreditation from the college. Or take the Life in the UK test which in theory she should not, because she is not at or above Level 3. However, as has been said, many people do take it and pass.

    If she is above then she will need to take the Life in the UK test.

    She could use this site as a check:

    http://lifeintheuktest.ukba.homeoffice.gov.uk/

    However, I think the college route would be more accurate and provable.

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    Re: ILR - What is it all about then?

    Post by makem on 18/07/11, 12:58 pm

    davidmckendrick wrote:You cannot apply for British Citizenship unless you already have indefinite leave to remain.

    David

    I disagree with that statement David.

    A wife could have a 27 month settlement visa and instead of requesting ILR after 24 months, could ask for citizenship having passed the Life in the UK test during the 27 months.

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    Re: ILR - What is it all about then?

    Post by paulnottingham on 18/07/11, 02:04 pm

    makem wrote:http://www.ukba.homeoffice.gov.uk/settlement/knowledge-language-life/demonstrating/

    There are 3 ways to demonstrate your knowledge of language and life (KOL) in the UK.

    If you are an English speaker (see below) and/or you are currently in the UK as a skilled or highly skilled migrant, you must pass the 'Life in the UK test'.
    If you are not an English speaker and you are not a skilled or highly skilled migrant, you must pass a course in English for speakers of other languages (ESOL) which contains citizenship materials.
    If you are the partner of a staff member of HM Diplomatic Service, the British Council or the Department for International Development, there are other arrangements.

    I think the first applies to your wife if:

    Her English skills are at or above ESOL Entry Level 3

    The best way to find this out is to take a free assessment test at a local college.

    If she is below Entry Level 3 then she will need to take an ESOL Entry Level 3 (or below) course for 1 academic year and obtain an Entry Level 3 certificate and a letter of approved accreditation from the college. Or take the Life in the UK test which in theory she should not, because she is not at or above Level 3. However, as has been said, many people do take it and pass.

    If she is above then she will need to take the Life in the UK test.

    She could use this site as a check:

    http://lifeintheuktest.ukba.homeoffice.gov.uk/

    However, I think the college route would be more accurate and provable.


    ming ming sat her ielts and scored 7 point something (i think) which i believe is above the esol 3 level ( i think but it was my understanding that this put her at level 4 esol but in order to apply for ilr she had to demonstrate improved english i.e. esol 5 http://www.oxfordschoolofenglish.com/docs/language_levels/ibt-toefl-and-ielts.html

    am i wrong about this... would her existing ielts be ok... or would we have to re-do this within 12 months of applying for ilr as we had to re-do it before applying for flr due to the ielts being over 12 months old?

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    Re: ILR - What is it all about then?

    Post by davidmckendrick on 18/07/11, 02:08 pm

    Hi Eric,
    To get UK Citizenship your wife would have had to have lived in the UK for three years. So she would have had to get either FLR or ILR.
    And be free of time restrictions. So she would need ILR.

    http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/


    Last edited by davidmckendrick on 18/07/11, 04:46 pm; edited 1 time in total

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