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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
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Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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My wife also holds Settlement Spouse / CP (KOL REQ) having

Resolved Question:

My wife also holds Settlement Spouse / CP (KOL REQ) having been in the category of spouses who had lived with their British husband for over 4 years overseas before coming to UK in late 2011. She was told that she would obtain ILR as soon as she had passed the KOL. She passed KOL. Does she now have to wait 2 years before applying for ILR?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Howard replied 1 year ago.

UKVisas :

Was she granted a Spouse visa or Indefinite Leave to Enter? I presume if she was given a Spouse visa this was due to not having passed the KOL at that time?

UKVisas :

If this is correct then passing the KOL means that she can apply for ILR on the basis of living overseas with a British husband for more than 4 years. Having said that, if you do wait until 2 years in the UK have passed then you avoid the potential for a careless caseworker to make an error by applying the standard 2-year rule. You would therefore need to ensure that you fully evidenced the 4-year period outside the UK and the further time in the UK. Unless time is of the essence I would be inclined to simply wait until 2 years have passed just in the interests of being ultra-safe, but she can apply once KOL has been passed if she wants to do so and should be approved.

Customer:

Her Entry Clearance says SETTLEMENT SPOUSE/CP(KOL REQ) then my name

UKVisas :

That's fine - granted on the basis of 4 years marriage outside the UK?

UKVisas :

Or simply a basic Spouse visa application?

UKVisas :

In the interests of clarity - the (KOL) part of the visa means that ILR can be applied for as soon as the KOL has been passed.

Customer:

Granted on 4 years ++++ marriage to a UK citizen out of UK

UKVisas :

So really she can apply as soon as she gets the KOL and there really should not be any reason for the Home Office caseworker to make a mistake.

UKVisas :

The visa itself makes clear the basis of approval

Customer:

Many Thanks we will get on with it. Appreciate your help. D

UKVisas :

My pleasure. I wish you the best of luck with the application.

UKVisas :

Please remember to rate me so that I get credited and the topic is closed.

Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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Expert:  Howard replied 1 year ago.
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