What is the best solution?

[DUQI]

Hi,

I have read few of the posts in here and I can say that this site offers lots of information for people wanting go to UK.

Situation that I am in is:

I am a British Citizen currently living and working abroad since Aug 2007, and married since Aug 2007. We have children, all British passport holders.

During 2009 - 2010 I had to travel back to UK for about a year with work what, in my opinion, makes us not eligible to apply to ILE. I am right on this one or not?
Now, if we apply for ILE and get refused, will she be issue with 27 months visa automatically?

Further, if we are to apply for 2 year spouse visa, as we do not qualify for ILE I presume, do I need to:
have a job( maybe not paid that well) aligned in UK, before we apply
have accommodation sorted, before we apply

To make things a bit easier, we have good amount of savings, around 13.000 Euro and I can get my brother to offer third party help . Will this help at all?

Do you guys recommend that we apply before the April, as have read that the government is going to introduce tougher rules .i.e raising the language score, taking away the third party help, introduce a minimum salary(I think will not effect me) etc.

Thank you

[Kitty]

1. Where are you currently living and working? (you mention your funds in Euros, and if you are living in another European country this will increase the options open to you).

2. If you apply for ILE but the UKBA does not consider that you meet the 4-year overseas requirement, then you should still get an ordinary 2-year spouse visa. Has your spouse passed the "Life in the UK" test already? If she hasn't then she would only be getting a 27-month visa anyway: it's just that it would be endorsed "KOL REQ" to indicate that she is eligible fo apply for Indiefinite Leave to Remain once she has passed the test, rather than having to wait the full 2 years.

3. It is usually advisable for the UK partner to arrange a job and accommodaiton in the UK in advance. Your savings and 3rd party support may be considered sufficient, but the current financial guidelines for a family with 2 children are to show approximately £230 per week available after payment of rent and council tax.

4. We don't know what the new rules are going to be yet but the indications are that the financial requirements will be stricter. It's probably going to be easier to meet the requirements of the current system, especially for a family with children.

[DUQI]

Dear Kitty

thank you for your reply.
Currently I am living and working in Serbia.

My spouse has not passed the "Life in UK Test". To get the 27 months "KOL REQ" I guess that current test rules ask for 4+ IELTS pass grade, please correct me if I'm wrong.

I could arrange a genuine job for myself of 18000 GBP to start with, and rent a flat. All these have to be done from here what means, a job offer in paper and a tenancy agreement commencing when I arrive in UK. Would these usually satisfy the UKBA officials?

Thank you again.

[Casa]

You're confusing the KOL test with the new pre-entry A1 test.
http://lifeintheuktest.ukba.homeoffice.gov.uk/
This can only be taken in the UK.

[DUQI]

Thanks for clarification Casa

So, would pre-entry A1 test satisfy language criteria to get the ILE or the 27 months visa "KOL REQ". And, what about the 18000 GBP PA job to start with? is that OK to start with?

[Greenie]

- If you can provide evidence that you and your wife have been married for at least 4 years and living together outside the UK for that period then

a) if she has passed the Life in the UK test she should be granted Indefite Leave to Enter

b) if she has not passed the Life in the UK test she will need to take an approved English language test to show her speaking and listening is A1 or higher, and she should be granted 27 months leave to enter with the endorsement 'Settlement KOL required' which would enable her to come to the UK and apply for ILR as soon as she has taken and passed the life in the UK test without completing the 'two year probationary period'

- If you can't provide evidence that you have been married/living together for 4 years outside the UK then

a) She will need to pass the A1 English language test as in b) above, and would be granted 27 months leave to enter with a view to settelement, and would be able to apply for ILR only after she has completed 2 years (minus 28 days) as your spouse in the UK, and has passed the life in the UK test.

Note that if you have been married for less than 4 years but were living together in a relationship akin to marriage before that time (to make up 4 years) you can try to argue that she does still qualify for ILE/or the KOL required endorsement

[DUQI]

Hi again and thank you for the advise given so far.

Situation has moved from the last time somewhat.
My spouse has passed the ESOL KET test PASS WITH MERIT what I presume would satisfy the Language Criteria.
Now I am working on our accommodation: as it is I have been offered a large bedsit accommodation costing 170 PW including all of the bills.
I am thinking of renting two of these bedsits in the same block (next to one another)at cut price offer of 250 PW for both.
What do you guys think; for a couple with 2 children, one 3,5 years old and the other one 8 months old, would this be OK?
Further, I have a new job offer(23,000 GBP before tax) coming from the same company that is offering me the accommodation. Would this be OK for start?

Thank you again

[DUQI]

Any advice please.
By the way, the large Bedsits that I am offered are in a Hostel, with Spam and bathroom of its own.

Thank you

[Casa]

Why would you rent 2 bedsits for a total of £1,000 per month when you should be able to find a flat to accommodate the whole family for less?
Assuming you do actually mean £250 per week!

[DUQI]

HI and thanks for your reply Casa.

Why 2 bedsits for 1000 GBP a month?
Offer came through from the company that is prepared to offer me a job. and
You are right about the flat, but it is difficult to find accommodation in London from abroad. What angers me more is that, even if I go back to London to look for property it will be difficult, since I have no references to produce to Agencies or Landlords.

By the way, do you think that a 1 bedroom flat(living room, bedroom, Spam bathroom) would be considered overcrowded for a couple with 2 children, one 3,5 years and the other one 8 months old. If YES, than I'd have to rent a two bedroom accommodation or these 2 bedsits in a Hostel would be OK.


Thank you again to all. You have really been helpful.

D

[Greenie]

HI and thanks for your reply Casa.

Why 2 bedsits for 1000 GBP a month?
Offer came through from the company that is prepared to offer me a job. and
You are right about the flat, but it is difficult to find accommodation in London from abroad. What angers me more is that, even if I go back to London to look for property it will be difficult, since I have no references to produce to Agencies or Landlords.

By the way, do you think that a 1 bedroom flat(living room, bedroom, Spam bathroom) would be considered overcrowded for a couple with 2 children, one 3,5 years and the other one 8 months old. If YES, than I'd have to rent a two bedroom accommodation or these 2 bedsits in a Hostel would be OK.


Thank you again to all. You have really been helpful.

D

See guidance on accomodation overcrowding

A 1 bedroom flat may be sufficient if the lounge is big enough to be used as a bedroom.

Personally I don't think renting two bedsits in a hostel from your employer would be a good idea. Employer provided accommodation does not generally have a good reputation and the price seems high for two bedsits in my opinion.

[Casa]

I agree with Greenie. Hostal accommodation is generally very basic.

[DUQI]

Hi guys again and thank you for your advise.

I ma still trying to sort out the accommodation issue. It is becoming the hardest obstacle so far as I cannot find accommodation suitable without going myself to UK. I got all of other doc. ready just the accommodation part is missing.

Recently, I got in touch with this an estate agent in UK that has a 1 and 2 bedroom accommodation available from 10th of June. I have seen the photos of both flats and they look OK, I mean large enough for my family. Now, I am wondering if
1. I go to UK and rent the 2 bedroom accommodation and sign the Tenancy Agreement (I guess no need for Overcrowding Report)

2. Return here and submit the application together with all the documents including the the Tenancy Agreement commencing 11 June 2012 before the end of April
the ECO will find the accommodation criteria fulfilled.
Do you think that renting a flat in advance is OK with ECO?

Here is another question:

If we apply, by the end of April, before the new rules come into force and the decision is not made before the changes come into force, do you think that our application will be considered under the new rules or under the old rules? What is the usual practice?

Thank you in advance

[DUQI]

Any thoughts

Thanks