The four year outside the Uk ILR rules

[netrader]

Hello all,
I have lived outside the Uk with my British unmarried common law wife for 26 years, we have 2 children also british citizens. I want to know if its still possible to apply for ILR right away, or do i also need to do the 2 years in the UK. It seems that everybody has a different idea about this.
Please can anybody enlighten me. I would also like to know if a civil judgement in my own country will effect my ILR application?
regards netrader

[sakura]

You can theoretically apply for ILE - Indefinite Leave to Enter- which is more or less the same as ILR. I put 'theoretically' because you would need to take and pass the Life in the UK test...which can only be done in the UK (some exceptions, such as if you or your partner are in the HM Forces or diplomatic service, etc).

You might be thinking, "great! So we travel to the UK, I take the test and we can remain in the UK until my visa comes?". Answer is: no. You can travel to the UK and take the test....but you would then have to leave the UK, return to SA and apply for entry clearance under the unmarried partner criteria. i.e. you cannot switch from a visitor to an UMP in-country.

If you cannot do this, then you would have to apply for a settlement visa.

[Casa]

There are a couple of important points here.
Firstly I believe that ILE (Indefinate Leave to Enter) is only available to couples who have been married for a minimum of 4 years. i.e not living together in a relationship akin to marriage (a 'common law' marriage).
If however you do qualify, you would apply for a settlement visa and if successful, would be issued with ILE(KOL Req). When you arrive in the UK on this visa, you would then have 2 years in which to pass the Life in the UK test (KOL) which is now required for ILR. You can take this at any time within the 2 years and then apply to have your visa amended to ILR once you have the pass certificate. You can also take the test on a visit visa, and then return to apply for a settlement visa which will give you ILR.

[republique]

There are a couple of important points here.
Firstly I believe that ILE (Indefinate Leave to Enter) is only available to couples who have been married for a minimum of 4 years. i.e not living together in a relationship akin to marriage (a 'common law' marriage).
If however you do qualify, you would apply for a settlement visa and if successful, would be issued with ILE(KOL Req). When you arrive in the UK on this visa, you would then have 2 years in which to pass the Life in the UK test (KOL) which is now required for ILR. You can take this at any time within the 2 years and then apply to have your visa amended to ILR once you have the pass certificate. You can also take the test on a visit visa, and then return to apply for a settlement visa which will give you ILR.

That doesn't make sense. ILE is ILR. It is just called ILE because you had it issued out of country. ILE becomes ILR when you enter the UK so there is no such thing as an amendment of ILE to ILR.

[Casa]

The visa will read ILE(KOL req)...which will give 2 years to enter and to satisfy the KOL requirement. This visa will then be amended to ILR when the application is submitted. Without the application and amendment to ILR the visa will expire in 2 years from the date of issue of the original entry visa.
Before the requirement for KOL an ILR visa would have been issued without these conditions. ILE(KOL req) visa does not automatically give ILR on entry to the UK.

[yankeegirl]

ILE can be granted in situations where:

* the sponsor has a right of abode/indefinite leave to enter and;
* the couple have been living in a relationship akin to marriage for at least 4 years and have been living together outside the United Kingdom during that time and;
* the applicant has demonstrated 'knowledge of language and life in the UK' (KOL)

http://www.ukvisas.gov.uk/en/ecg/chapte ... %20fifteen

The visa will read ILE(KOL req)...which will give 2 years to enter and to satisfy the KOL requirement. This visa will then be amended to ILR when the application is submitted. Without the application and amendment to ILR the visa will expire in 2 years from the date of issue of the original entry visa.
Before the requirement for KOL an ILR visa would have been issued without these conditions. ILE(KOL req) visa does not automatically give ILR on entry to the UK.

True. But as was mentioned earlier, the OP can travel to the UK and pass the test before making the application, and then get granted ILE and not have to make any further applications once he enters the UK. Given the cost of a flight to take the test vs. the cost of an ILR application, it's six of one, half a dozen of the other.

[Casa]

Absolutely. Depends I suppose on how confident they feel that the test will be passed easily and at first attempt...unless they can stay on until they're successful.
Good news though that they qualify for the visa under living 'akin to a marriage.

[netrader]

Hi all,
thanks for all your posts. I have established that unmarried partners who have lived in a relationship akin to marriage do have the right to apply for ILR once the kol test is passed. I applied for and was granted a settlement visa in south africa. I gave evidence of 26 years together and all the facts of our 2 children etc. I made it clear that i wanted to apply for ILR. I was informed that it is not possible to do this in south africa but that i could apply in the UK once i had passed the kol requirement.
visa reads settlement to join/acc partner[kol] required HP Morris
There is no mention of ILE. I sent scan of visa to immigration solicitor who replied saying, with your visa you will not be required to prove co habitation as this has already been done in your own country. He said that
I have 2 years in which to pass kol test and that i could apply anytime after that, as long as it was within the 2 years. He suggested waiting 3 months before applying. Every response in this forum mentions ILE should be in the visa but as i have shown there is nothing like that on the visa.
Does anybody have a definite answer to what my visa endorsement means? The solicitor appears to be at odds with everybody here on the forum. Eagerly awaiting your response
regards Netrader

[Casa]

This code is the correct entry for an unmarried partner entry giving the right to ILR once KOL has been obtained. I've double checked it for you on the UKBA website.

[nisk1958]

[quote="Casa"]This code is the correct entry for an [b]unmarried partner[/b] entry giving the right to ILR once KOL has been obtained. I've double checked it for you on the UKBA website. :)[/quote]

thanks for the intresting post ,i have a question please , My wife got an ILE Settelment with KOL requirment Visa on 22/5/2008 , we will enter the UK on 31July08 , if she passes the KOL test can we immediately apply for ILR visa and no need for the 2 year wait (it has recently changed to 27 months) , if so will it also cost us 750 pounds to ammend from ILE to ILR & do we need to submit all the documents we first did when she was granted the ILE