Immigrationboards.com

Hiya,

Today UKBA has adopted new rule about the English language requirements from 29-NOv-2010.

"The new rules will apply to anyone applying as the husband, wife, civil partner, unmarried partner, same-sex partner, fiance(e) or proposed civil partner of a British citizen or a person settled in this country. They will be compulsory for people applying from within the UK as well as visa applicants from overseas."

I am due to apply for ILR in Dec 2010, will my wife need to appear for this test, since I am neither a citizen nor settled. We noth intend to apply for ILR together.

She is already working as a scientist in Univ., and represents UK in international conferences and teach local students, so this seems like a complete waste of time, money and effort, however if this is a requirement then we will have to fulfil it.

This new requirement seems completely useless and money making trick, if someone has been in the UK as a dependent whilst working full-time for over three years....

Thanks

Assuming your wife is in the UK and if your wife is not eligible for ILR at the same time as you, then she will need to apply for extension of leave as spouse of settled person / citizen after you are granted settled status.

And if such an application (FLR(M) is made on/after the date this requirement (of English language test) comes into force, then your wife will need to pass the test before making an application for extension of stay.


regards

Thanks for your response

Sorry for not clarifing in the first post, my wife is currently in UK since 2007 as my dependant, and we have always lived together. We will both apply for ILR together in Dec 2010.

Do you think the test will still be necessary?

Another keen point, we recently passed Life in UK Test, and in the "Pass Notification Letter" it clearly states that
"Your success at this test also demonstrates that your level of competence in English meets the required standard for naturalisation or indefinite leave to remain. NO further proof of this is needed."

This makes me further confussed, or is HO confussed or UKBA as they call it now!!

These new rules don't affect you, as you both apply for ILR together, on the same SET(O) form -- your wife just follow main applicant (your) status. Having KOL test passed (which you already did) is the only language requirement then.

The new rules are for the other category - "spouse visa" - who apply on SET(M) / FLR(M).
(This would be the case though, if your wife decides to apply after you get your ILR, as was already mention by sushdmehta.)

If your spouse is eligible for settlement at the same time as you, then this new requirement does not apply to your spouse.


regards

Thanks to both of you for clarification. Really appreciate your feedback, keep up the good work