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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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indefinite leave to reman visa issue

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My husband needs to apply for indefinite leave toremain. However we cannot apply until 28days before his current visa expires which is Feb 2014. He has passed the speaking and listening which would allow him to obtain the visa at present but because we have to wait till Feb and we know and the law will change in October whereby he must have the life in the uk test and some oher things, we are really concerned. He cannot read and write and has failed the test four times.....what can we do? Is there a way around this? He will have been in the Uk for five years in July.  My husband is Turkish.

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Are you concerned that he cannot undertake the life in the UK test?

Kind regards
Customer: replied 3 years ago.


He has taken the life in the uk test and failed it four times. He has a speaking and listening level of Entry level 1. Reading and writing is lower than this. In October he will have to have the life in the uk test and pass the leel 1 test to staythis. this is four level above his speaking and listening level at present.

Thank you for your reply.

When did he arrive to the UK? On what visa?


Kind regards
Customer: replied 3 years ago.
spouse visa in july 2008
Thank you for your reply.

If he arrived to the UK in 2008 on a spouse visa then he is currently in the position to apply for indefinite leave to remain and does not need to wait until 2014 to submit his application.

What your husband can do instead of passing the life in the UK test he can undertake an ESOL course which allow him to attend course and would therefore meet the requirements of a life in the UK course. Please see the following link:

http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/kol/esol-with-citizenship/

If he submit his application before October 2013 then he would not need to apply for English B1 level exam and can apply with just the ESOL certificate.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regard
Customer: replied 3 years ago.


how can we apply early when the homeoffice states that you cannot apply more than 28 days before your visa expires? He has completed the esol certificate. We have this.

 

Thank you for your reply.

You can apply at the point he became eligible for indefinite leave to remain which is 2 years after he was issued for a spouse visa. What it seems that you have been doing since is applying for further leave to remain as a spouse.

You are correct in stating that the UKBA state that the application must be made no earlier than 28 days before the expiry of the visa, but the fact is that your husband has already spend more than 4 years in the UK twice the amount of time required for him to apply for indefinite leave to remain. Therefore in his case he can apply when he wants for indefinite leave to remain because at the time he submits his application he would have met the requirements to be granted indefinite leave to remain.

Therefore if he has obtained an ESOL certificate then he may submit his application for indefinite leave to remain without waiting until February 2014.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
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