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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My wife, from Bangladesh, successfully applied for a spouse

Customer Question

My wife, from Bangladesh, successfully applied for a spouse visa on 5th of July 2012 (before 9 July immigration changes). She was issued with a spouse visa on 23 October 2012 for 27 months which is due to expire in January 2015. She entered the country on 02.01.2013 with the spouse visa and now we are preparing so that she gets the Indefinite Leave to Remain.

I have examined all the regulations which we think we will be fine about except that there is confusion about the Language and Life Test in the UK. We have read in many literatures that from October 2013 all applicants who will apply for Leave to Remain need to pass both the Life in the UK test plus ESOL course at B1 Level. However we have also heard from 1 or 2 people, and I suspect they may be wrong that if my wife takes the Life in the UK test before October 2013 and passes then she does not have to do the English course. Is this correct? If so, is this an transistional arrangement for those who have applied before 9 July rule changes.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Your spouse will qualify for ILR approximately 28 days before the 2nd anniversary of her entry to the UK on 2nd January 2013 (i.e. roughly from 5th December 2014 onwards).

There are no transitional rules in force and she will need to meet the language and life in the UK test criteria in force at the time she applies for settlement, so it is rather too early to tell what this criteria will be in December 2014.

The UKBA policy is as follows:

"You must meet all the requirements of the Immigration Rules at the time when you apply for settlement. If you are considering applying for settlement in the future, you should note that the Immigration Rules are subject to change
."

The Life in the UK test certificate is however valid for life, the sooner she sits for the test, the better. As for the English language requirement, I suggest you wait until April 2014 and see what the rules are in force at that time.

Hope this helps -please leave feedback

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