# After Spouse Visa: Next Step ILR



## Kitara (Nov 29, 2011)

Hi All

May i know for the current situation, I just got my spouse visa. Just want to plan for the future. 

May i know if it is 2 years or 4 years on spouse visa in order to apply ILR?

2 years or 4 years to be staying in UK excluding Holiday outside UK?

Thank you.


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## Joppa (Sep 7, 2009)

Kitara said:


> Hi All
> 
> May i know for the current situation, I just got my spouse visa. Just want to plan for the future.
> 
> ...


Your visa is valid 27 months. After two years (or 4 weeks short of 2 years in fact), you can apply for ILR.

There is no stipulation on how long you can stay away from UK. Holidays and short business trips are fine. If you are to spend the majority of time outside UK, then they may start to question your intention and ILR may not be granted.


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## Kitara (Nov 29, 2011)

The last time i used to saw somewhere that if we are not married for more than 4 years, i would need to extend my spouse visa for another two year. 

Is that policy has been abolish? I could not find it any longer on UKBA website.


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## Joppa (Sep 7, 2009)

Kitara said:


> The last time i used to saw somewhere that if we are not married for more than 4 years, i would need to extend my spouse visa for another two year.
> 
> Is that policy has been abolish? I could not find it any longer on UKBA website.


No, there never has been such a rule. If you are already married 4+ years at the time of applying for your spouse visa, you will get 27-month visa with KOL REQ endorsement, meaning provided you pass your Life in the UK test after arrival, you can apply for ILR straightaway. If you haven't been married the required length of time, you will still get 27-month visa but have to live in UK for two years, pass your test and apply for ILR, which is your scenario.

The new rules under consideration will extend the qualifying period to 5 years in UK for everyone, regardless of how long you've been married.


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## Kitara (Nov 29, 2011)

Understood.. Thank you very much for your explaination.. 

Keeping finger cross for the new change in April..


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## Joppa (Sep 7, 2009)

Kitara said:


> Understood.. Thank you very much for your explaination..
> 
> Keeping finger cross for the new change in April..


Any change is unlikely to affect you, as you have already been issued with a 27-month visa. However, it isn't beyond the realm of possibility that any revision can catch everyone, including those who are well on their way to fulfilling the existing period of 2 years. This will lead to an uproar from those affected, about the government not playing fair, retrospective legislation and so on. But the government has done similar things in the past in order to gain maximum effect from any changes. So we need to look at the samll print as well.


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## hubbly_bubbly (Oct 17, 2010)

Joppa said:


> Any change is unlikely to affect you, as you have already been issued with a 27-month visa. However, it isn't beyond the realm of possibility that any revision can catch everyone, including those who are well on their way to fulfilling the existing period of 2 years. This will lead to an uproar from those affected, about the government not playing fair, retrospective legislation and so on. But the government has done similar things in the past in order to gain maximum effect from any changes. So we need to look at the samll print as well.


Joppa, is there any word on if they will actually change the legisalation in or by April? Or, as you mention, do you think they will still be considering the legislation and that it may pass later in the year instead?


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## Joppa (Sep 7, 2009)

hubbly_bubbly said:


> Joppa, is there any word on if they will actually change the legisalation in or by April? Or, as you mention, do you think they will still be considering the legislation and that it may pass later in the year instead?


No news whatsoever. The Migration Advisory Committee (MAC) has published its report as requested by UKBA in December, so one would assume that official announcement is due soon, but so far nothing. Sometimes they make an early announcement of changes, months before implementation, but there have been times when new rules were published only weeks before the start date. I'd have thought that because proposed changes are radical, there would be a greater lead time to help visa applicants and other stakeholders, but I may be wrong on this.

We'll just have to wait and see.


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## hubbly_bubbly (Oct 17, 2010)

Thank you.


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## Kitara (Nov 29, 2011)

I am exempted from English Test as my Degree is being recognise by the UK govt. 

For ILR, do i need to take ESOL? 

Thank you.


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## Joppa (Sep 7, 2009)

Kitara said:


> I am exempted from English Test as my Degree is being recognise by the UK govt.
> 
> For ILR, do i need to take ESOL?


No, but you still need to pass Life in the UK test. Start preparing for it and take it early in your time in UK. Go to Life in the UK Test website for details, how to prepare for, book (£50) and take the test. It's a computerised multi-choice test of 24 questions, and when you pass (pass rate 75%), you get a pass letter there and then. Don't lose it (they won't reissue) and submit it together with your ILR application (I recommed paying extra for same-day premium service, or waiting time for postal application is up to 5 months during which you can't leave UK). It has no expiry date.

The only book you need to read is Home Office (2007): Life in the United Kingdom: A Journey to Citizenship (Second Edition). The Stationery Office. Buy on amazon.co.uk, as it's cheaper.


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