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Here's some history to set the picture.

I am a UKC and my wife is a USC, we have been married for 15 years and I will be moving to the UK later this year with her and our kids who have UK passports.

We want our kids to start school in the UK in September. I am travelling to the UK next month to finalize property to rent.

We visited the UK at the end of last year for my wifes KOL test which she passed.

Now for the questions:

1. With the changes to ILE/ILR should we apply for her visa sooner rather that later, when do these changes come into effect?

2. We have sold our business and are waiting for the house to sell, both could take another 6-9 months complete. To ensure the the kids get into school in September I may move earlier, but the she may have to stay for the transition of the business. Will this cause a problem?

3. If this causes a problem should we apply when I am moving, she travel to the UK with us to effectively commencing his ILR/ILE and then she can return to the US for a couple of months to finalize the business and house.

We would like to take advantage of any benefits she already has having passed the KOL test and ILE/ILR changes that come into effect.

Thanks in advance for responses.

ibuk wrote:Here's some history to set the picture.

I am a UKC and my wife is a USC, we have been married for 15 years and I will be moving to the UK later this year with her and our kids who have UK passports.

We want our kids to start school in the UK in September. I am travelling to the UK next month to finalize property to rent.

We visited the UK at the end of last year for my wifes KOL test which she passed.

Now for the questions:

1. With the changes to ILE/ILR should we apply for her visa sooner rather that later, when do these changes come into effect?

2. We have sold our business and are waiting for the house to sell, both could take another 6-9 months complete. To ensure the the kids get into school in September I may move earlier, but the she may have to stay for the transition of the business. Will this cause a problem?

3. If this causes a problem should we apply when I am moving, she travel to the UK with us to effectively commencing his ILR/ILE and then she can return to the US for a couple of months to finalize the business and house.

We would like to take advantage of any benefits she already has having passed the KOL test and ILE/ILR changes that come into effect.

Thanks in advance for responses.

I take it that at present you and your family all are out of UK? what UK visa your wife holds?

IMO, Just the fact that you are married to her, doesnt mean she will get ILR straithgway. Normally all non EEA citizens need to apply for a 2 year spouse visa to join spouse (UK citizen) in the UK and after 2 years he/she can apply for ILR.

Why would there be any problems with your wife being in USA and your kids to go to school in UK.

ibuk, if you and your wife have lived outside the UK for at least 4, then your wife and children (minors) may be eligible for ILE.

If you are currently outside the UK wrote:We may be able to give you permission to live permanently in the UK as soon as you arrive, if:

• you and your partner married or formed a civil partnership at least four years ago;
  you have spent those four years living together outside the UK;
  you are both coming to the UK to settle here together; and
  you have sufficient knowledge of the English language and life in the UK. (You do not need to meet this last requirement if you are aged 65 or over.)

ibuk wrote:1. With the changes to ILE/ILR should we apply for her visa sooner rather that later, when do these changes come into effect?

No new changes have been announced for settlement visas, other than the New English language requirements for partners introduced on 29-Nov-10, which your wife automatically satisfies by virtue of her US citizenship.
Or I am missing something?

ibuk wrote:2. We have sold our business and are waiting for the house to sell, both could take another 6-9 months complete. To ensure the the kids get into school in September I may move earlier, but the she may have to stay for the transition of the business. Will this cause a problem?

Shouldn't be! If the family meets the immigration requirements, they will be issued a visa. Once the visa is issued, your wife and children can enter anytime ... and since they qualify for ILE (as it seems) and will not need to apply for any "extensions" delay in entering UK shouldn't be an issue.

ibuk wrote:3. If this causes a problem should we apply when I am moving, she travel to the UK with us to effectively commencing his ILR/ILE and then she can return to the US for a couple of months to finalize the business and house.

The earlier she commences her residency in the UK, the quicker it will be for her to qualify for naturalisation as spouse of a British citizen (if that's planned).


regards