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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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Hi, My wide is an English citizen. We were married in Australia

Resolved Question:

Hi,

My wide is an English citizen. We were married in Australia (I'm and Australian citizen) about 3 and a half years before moving to the UK, in June 2011.

My visa is stamped Settlement Spouse/CP (KOL REQ). Does this mean I have to do the KOL test before this date? What happens if I don't?

I was working in the UK until Feb 13, but I'm now not working. I've applied for another job and have been asked to provide proof of right to work documents. Should my Entry Clearance still be valid for this purpose?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Howard replied 1 year ago.
Hi and thanks for asking for me.

The visa stamp means that you have to take the Life in the UK Test (http://lifeintheuktest.gov.uk/) before you can apply for ILR based on 4 years marriage (although you would equally qualify now based on the 2 years in the UK with a Spouse visa). You should do this as a matter of urgency.

If your visa is still valid then it does allow you to work. If the visa is due to expire shortly then employers are unlikely to employ you as they would be concerned about whether or not your right to work would continue.

When does your visa expire? I would imagine it should expire quite soon. The vast majority of people in your situation will apply for Indefinite Leave to Remain (ILR) at this stage using form SET(M) - forms and guidance can be found here:

http://www.bia.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/settlement/
Customer: replied 1 year ago.

My visa expires on 23/08/13

Expert:  Howard replied 1 year ago.
In that case you should visit the link I provided for the KOL, get the book and take the test. You can then apply for ILR and this will avoid any potential problems that employers might be likely to have employing someone with a visa that will shortly expire.

You can apply for this visa using the same-day service at the Home Office Public Enquiry Offices if you need a quick decision but you need to pass the KOL first.

Does this answer your questions?
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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