on spouse visa - planning to take Life in UK test for the application of ILR

[Mickaela]

Hi everyone, happy new year!

I have not visited the forum for quite a long time now. I have just been reading some posts trying to look for some answers. Anyway, I am on a spouse visa with my son as dependent. I took the IELTS in the Philippines and passed the exam. I was thinking of getting the Life in UK Test as early as now since I will be one year here on February. As I was reading the requirements of the Home Border Agency for application on Indefinite Leave to Remain, it says that I need to get the ESOL exam and Life in Britain test. Does anyone know if I would still need the ESOL considering that I took the IELTS before and even got a score above the required 4.

Also, it says there that if you apply for ILR earlier than the required 28 days prior to expiration of visa, you might be denied. When is the best time to file the application then?

Another thing, there is a Biometric Resident Permit that they require. Where do I get that? Do I have to apply for it?

Thank you so much.

[lastlid]

I will watch this post with interest....

[Bluebirdjones]

Also, it says there that if you apply for ILR earlier than the required 28 days prior to expiration of visa, you might be denied. When is the best time to file the application then

Basically, they (the UKBA) do not want people applying earlier than they should.
So, "denied" is a rather strong word.... it's more a case of, "you've applied too early, here's your documents/forms back, and re-apply at a later date when you're supposed to".

So ..... in the case of an FLR holder, if the date on the biometrics card says "valid until 27 March 2012", then you apply for the ILR between 1 March and 27 March (ie within the 28 days' left on the "card").

People who arrived on spouse visa ..... I'll let someone else answer that part.

[Mickaela]

hello, would you happen to know where I can get or apply for the Biometric Card? I had my biometric fingerprint done in the Philippines when I applied for the spouse visa but when I got my passport back there was no biometric card with it, just the visa. Or is it a different one that I have to apply?

thanks again!

[Bluebirdjones]

I believe biometrics cards are only issued in the case of fiancee visas being exchanged for an FLR.

So for those arriving via the spouse visa route, it doesn't apply.

[scottishbride]

I believe biometrics cards are only issued in the case of fiancee visas being exchanged for an FLR.

So for those arriving via the spouse visa route, it doesn't apply.

I agree with Bluebirdjones. The Biometric cards are only for fiancee visa. I have recently applied for ILR and been granted. I took my Life in the UK test instead of ESOL. It is much easy to take Life in the UK test as it is only 24 questions and multiple choice. I am not sure if it's still the same as I took the test in 2009.

[Terpe]

..... As I was reading the requirements of the Home Border Agency for application on Indefinite Leave to Remain, it says that I need to get the ESOL exam and Life in Britain test. Does anyone know if I would still need the ESOL considering that I took the IELTS before and even got a score above the required 4.

Hello Mickaela, welcome back here.

Here is the ILR application form

and

here are the guidance notes

Please review both links carefully.

IELTS is an English Language Test. This is a requirement for entry clearance and FLR ONLY
It is not required for ILR

If you look at the ILR form it states:-

"5.3 Have you obtained one of the relevant qualifications listed in Note 2 to show that you have sufficient knowledge of the English language and life in the UK? If so, show which qualification by ticking one of the boxes opposite."

The boxes to tick are one of either:-

Life in the UK test

OR

ESOL
qualification

The Note 2 states that
"Relevant qualifications are either:
A pass in the test known as the “Life in the UK” test (aimed at those with English language ability at or above ESOL • Entry 3 Level – see Note 22a-j of the guidance notes which accompany this application form);
or
A relevant ESOL with citizenship qualification issued by an approved awarding body, undertaken at an accredited • college, and demonstrating that you have progressed at least one level, as described in Note 22l-m of the guidance notes which accompany this application form.
If submitting a relevant ESOL qualification, you must also include a letter from your college containing the information specified in Note 22m of the guidance notes which accompany this application form."

..... Also, it says there that if you apply for ILR earlier than the required 28 days prior to expiration of visa, you might be denied. When is the best time to file the application then?

Mickaela, UKBA states this:-

"Please do not send us your application more than 28 days before the end of your 2-year qualifying period. If you do, we may refuse your application and we will not refund the fee. However, you must apply before your current permission to remain in the UK ends."

This means you MUST apply BEFORE your current visa expires, but NOT more then 28 days BEFORE the 2 year (24 months) probationary period of living in the UK ends.
Your ILR will not be denied as your current leave to remain will still be valid. But your application will be refused and the fee will not be refunded.

..... Another thing, there is a Biometric Resident Permit that they require. Where do I get that? Do I have to apply for it?

UKBA do not state that they require this. Here is what that state on the ILR form under section 10A documents:-

"Your Biometrics Residence Permit if you have been issued with one since entering the UK."

Hope this helps

[lastlid]

A very useful posting, Terpe. Thanks.

I notice that section 7 talks of "Your Home and Finances" and I assume this is addressed to the person applying for ILR. But it is rather reminiscent of what had to be supplied for the Spouse Visa application...........I wonder does that mean bank statements and payslips all over again?

[lastlid]

What exactly is ESOL? Is this some kind of college course that one might take in Britishness, with an exam at the end of it?

[lastlid]

What exactly is ESOL? Is this some kind of college course that one might take in Britishness, with an exam at the end of it?

Answering my own question.....

ESOL is English for Speakers of Other Languages. This is useful If you are applying for either

Indefinite leave to remain (Permanent Residency) or
British citizenship (UK nationality)
if you plan to live long term in this country, It’s very important to improve your English. To get most out of your life in the UK and to help with your studies, job prospects, or applying for Indefinite leave to remain or citizenship.

how can ESOL help with Life in the UK test ?
If your level of English is ESOL Entry 3 or above you can take the Citizenship test. If your level of English is lower than ESOL Entry 3, then you will need to attend combined English language (ESOL) and citizenship classes instead of doing the test. These courses are run by local further education or community colleges. You can contact the Immigration and Nationality Enquiry Bureau on 0870 606 7766, to find out whether you need to take the test.

Combined ESOL and citizenship classes help you with leaning and improving English and you can learn more about living in the UK. Life in the UK Test Helpline on 0800 0154245 can give you advice on ESOL classes and their availability.

[Terpe]

...........I wonder does that mean bank statements and payslips all over again?

Yes, it does.
Here's what UKBA say:-
"The documents showing the finances available to you and to any person supporting you should cover at least the last 3 months."

However, UKBA also have internal guidance stating that ILR will not be refused solely for financial reasons.

[lastlid]

Yes, it does.
Here's what UKBA say:-
"The documents showing the finances available to you and to any person supporting you should cover at least the last 3 months."

However, UKBA also have internal guidance stating that ILR will not be refused solely for financial reasons.

Ah, I see so not so crucial for ILR....

[ConfusedMe]

I believe you get the Biometric Card when you apply for Spouse Visa in UK in exchange for Fiancee visa..

hello, would you happen to know where I can get or apply for the Biometric Card? I had my biometric fingerprint done in the Philippines when I applied for the spouse visa but when I got my passport back there was no biometric card with it, just the visa. Or is it a different one that I have to apply?

thanks again!

[ConfusedMe]

When exactly is the perfect time to take the Life in the UK test? Can I take it anytime or better to take it few days before you apply for ILR?

I agree with Bluebirdjones. The Biometric cards are only for fiancee visa. I have recently applied for ILR and been granted. I took my Life in the UK test instead of ESOL. It is much easy to take Life in the UK test as it is only 24 questions and multiple choice. I am not sure if it's still the same as I took the test in 2009.

[Terpe]

When exactly is the perfect time to take the Life in the UK test? Can I take it anytime or better to take it few days before you apply for ILR?

My best advice, take the test as early as possible. Certainly do not just allow only a few days or even only a few weeks.l
Yes, it's multiple choice, but you do need to study and you need to give some effort. Take that test early without any time pressures and it will be out of the way.

[scottishbride]

When exactly is the perfect time to take the Life in the UK test? Can I take it anytime or better to take it few days before you apply for ILR?

I agree with Terpe. I took my life in the UK test as soon as I arrive in the UK. There is no expiration anyway. It is best to take it earlier than later. Goodluck!

[ConfusedMe]

Thanks Scottishbride and Terpe

-Donah

[Mickaela]

thanks Terpe for the replies! It was so informative.

[Terpe]

thanks Terpe for the replies! It was so informative.

You're welcome
Sometimes the processes are quite easy to misunderstand, especially when stress builds up. These are, after all, important life changing issues.

Don't ever be too shy ask any questions, we all help each other.