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CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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i am on a spouse visa and i entered the uk on the 18th of november

Resolved Question:

i am on a spouse visa and i entered the uk on the 18th of november 2009 but the visa was granted on the 22nd of october 2009 and expires january 22nd 2011.Since i am approcahing the end of the 2 years probatory period at what stage should i apply for my indefinate leave to remain? Can i apply next month or now or in november?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  CharlotteSJ replied 3 years ago.
You can apply within 28 days of having completed the 2 years and so if you entered on 18 November 2009, you can submit your application any time from 18 October 2011. Make sure you submit it before 22 January in order to protect your position, ensure you get a right of appeal and that you do not become an overstayer.

Thank you for your question.
Customer: replied 3 years ago.
Thank you very much and last one question.The life in the uk test.i took a life in the uk test like 2 years ago.can i use the same one for my application or does it expire?
Expert:  CharlotteSJ replied 3 years ago.
There is no expiry date on them and so theoretically you should be fine to use the same one. However, the test centres only keep a record of the tests for a 'reasonable period' and it is this information that the Home Office check it against so there is a possibility that the Home OFfice may not be able to verify the information.

All you can do is try it with your existing certificate. If they cannot verify it then they will either reject your application if they do the checks at the start in which case you won't be charged and can retake the test and resubmit your application. Alternatively if they accept your application as valid and then cannot verify it, they may refuse your application but you would get a right of appeal. A judge would have to be very mean to refuse your application on that basis as if you have an original stamped certificate then on the balance of probabilities it will be assumed to be genuine unless there is something specific about it which leads them to believe that it is false.

Unfortunately, I can't give you a definitive answer to this, it is up to you. 'Reasonable Period' is not defined and so it may be absolutely fine and the test centre may still have your records for the Home Office to check against, or they may not. Might be worth checking with the test centre before submitting your application. If they have a record then use the same one, if their records have been deleted; retake it.

Hope this helps. Thank you.
CharlotteSJ, Immigration Solicitor
Satisfied Customers: 78
Experience: I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
CharlotteSJ and 2 other UK Immigration Law Specialists are ready to help you

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