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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7435
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, My question regards what happens now My wife a Russian

This answer was rated:

My question regards XXXXX XXXXX now' My wife a Russian national has just been granted a settlement visa which has validity of 2 years and 9 months. I am finding it very difficult to get clarity about what happens now! I know that at some point she will have to complete the KOL test and obtain ILR bust at what point and in what sequence before expiry of her visa etc

When did your wife originally apply for her spouse visa please?

Customer: replied 2 years ago.


24th June 2013



Drafting your answer now. 5 mins please.

Kind regards,


Thanks for your patience.

After a period of residence in the UK on a spouse visa the spouse has the right to apply for Indefinite Leave to Remain (ie. settlement).

This period of time used to be 2 years. However, as a result of rule changes on 9th July 2012 the period of time a foreign national spouse must spend living in the UK has increased to 5 years.

So, because your wife has been granted (as is now standard practice) a visa for 2 years and 9 months she will have to apply for Further Leave to Remain shortly before her leave to remain expires. Details on how she can do this closer to the time here:-
After making this application she will be given further leave to remain for another two years and about 3 months so that she can reach the 5 year residence period to be eligible to apply for ILR.

Shortly before this further leave to remain expires she can apply for indefinite leave to remain. Please see confirmation of the further (quite straight forward eligibility criteria) here:-

As part of the eligibility she must knowledge of language and life in the UK:-

If she is an English speaker then she must the “Life in the UK Test”. You will see that details on how she can study and take the test are available on the above link, by clicking on “Life in the UK test” under the heading “More information” at the bottom of the page on the above link.

If she does not speak English at the time she applies then she will have pass an English language course which is again detailed on the above link in the same way.

Once she has done this she can apply and receive indefinite leave to remain so that she can stay here permanently without the need to apply for any more visas.

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Kind regards,

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