# question about Indefinite leave to remain



## plato413 (Jan 4, 2012)

Hello everyone, I have got 2 questions here regarding to the ILR and hope some body can help me out for it.

I have posted my application out on 24/11/2011 under the rule of 10 years long residence, and I would like to know once (if) I am given the ILR, does the valid date if the ILR starts on the day the have reveived my application or, on the day the desicion is made? And, how long it usually take for the desicion?

My other question is, once I have my ILR, I would like to apply one for my wife as well. I understand that usually, partner will be given a 27 months visa and they can apply for ILR in 24 months, however it seem that there are another way to apply my wife directly for ILR without having to have the 27 months visa first, cause that's what one of my friend did but I cannot see it anywhere on the UKBA website, is such a visa exist? 

P.S. we got married in October 2009, and she has been living in the UK since 2003 and now she is a holder of Tier 2 work permit, she works for the NHS as a nurse.

Thanks!:clap2:


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## Joppa (Sep 7, 2009)

plato413 said:


> Hello everyone, I have got 2 questions here regarding to the ILR and hope some body can help me out for it.
> 
> I have posted my application out on 24/11/2011 under the rule of 10 years long residence, and I would like to know once (if) I am given the ILR, does the valid date if the ILR starts on the day the have reveived my application or, on the day the desicion is made? And, how long it usually take for the desicion?


It will be dated on the day decision is made, it will not be backdated to your application date. Average processing time is around 2 months. So hopefully you'll hear by the end of January or beginning of February (with delay over Christmas and New Year in mind). 



> My other question is, once I have my ILR, I would like to apply one for my wife as well. I understand that usually, partner will be given a 27 months visa and they can apply for ILR in 24 months, however it seem that there are another way to apply my wife directly for ILR without having to have the 27 months visa first, cause that's what one of my friend did but I cannot see it anywhere on the UKBA website, is such a visa exist?
> 
> P.S. we got married in October 2009, and she has been living in the UK since 2003 and now she is a holder of Tier 2 work permit, she works for the NHS as a nurse.


How long has she been on work visa (including Tier 2)? If it's longer than 5 years, she can apply for ILR now even before your application is decided. If not, either wait until she has completed 5 years (or 4 weeks short of to be precise), or apply for FLR as your wife after your ILR is through and wait two years. I'd have thought it's easier and cheaper just to wait till 5 years are up.


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## plato413 (Jan 4, 2012)

Joppa said:


> It will be dated on the day decision is made, it will not be backdated to your application date. Average processing time is around 2 months. So hopefully you'll hear by the end of January or beginning of February (with delay over Christmas and New Year in mind).
> 
> 
> 
> How long has she been on work visa (including Tier 2)? If it's longer than 5 years, she can apply for ILR now even before your application is decided. If not, either wait until she has completed 5 years (or 4 weeks short of to be precise), or apply for FLR as your wife after your ILR is through and wait two years. I'd have thought it's easier and cheaper just to wait till 5 years are up.


Thank you very much for your answer, it was nice and clear.
Regarding to my wife situation is a bit complicate. She is on Tier 2 general for about over a year now and, as I have already mentioned, she has been living in the UK since July 2003, therefore she can apply ILR by July/2013 under 10 years long residence anyway. My main question is that a friend of mine (British Citzen) was able to manage to applied ILR for his wife who was a Hong Kong Citzen(been married for over ten years), without having to have FLR beforehand. I am confused and wonder how could he apply for that, and want to know if such a policy exist, as I couldn't find anything like that in the UKBA website.

P.S. My friend is really a real good friend of mine and he won't lie to me, and he said his lawyer dealt everything for him therefore he isn't very sure what actually happened.


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## Joppa (Sep 7, 2009)

plato413 said:


> Thank you very much for your answer, it was nice and clear.
> Regarding to my wife situation is a bit complicate. She is on Tier 2 general for about over a year now and, as I have already mentioned, she has been living in the UK since July 2003, therefore she can apply ILR by July/2013 under 10 years long residence anyway.


OK, that seems the easiest.



> My main question is that a friend of mine (British Citzen) was able to manage to applied ILR for his wife who was a Hong Kong Citzen(been married for over ten years), without having to have FLR beforehand. I am confused and wonder how could he apply for that, and want to know if such a policy exist, as I couldn't find anything like that in the UKBA website.
> 
> P.S. My friend is really a real good friend of mine and he won't lie to me, and he said his lawyer dealt everything for him therefore he isn't very sure what actually happened.


British citizen or someone already settled in UK only needs to have been married for 4 years outside UK for their spouse to obtain ILE (indefinite leave to enter) visa subject only to passing KOL (Knowledge of English and Life in UK) tests. How long has she lived in UK, and on which immigration category? Does she hold Chinese (HKSAR) passport, British national (overseas) or British overseas citizen passport? Rules concerning them can be very complicated, and will almost certainly not apply in your case.


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## plato413 (Jan 4, 2012)

Joppa said:


> OK, that seems the easiest.
> 
> 
> 
> British citizen or someone already settled in UK only needs to have been married for 4 years outside UK for their spouse to obtain ILE (indefinite leave to enter) visa subject only to passing KOL (Knowledge of English and Life in UK) tests. How long has she lived in UK, and on which immigration category? Does she hold Chinese (HKSAR) passport, British national (overseas) or British overseas citizen passport? Rules concerning them can be very complicated, and will almost certainly not apply in your case.


Thanks again. It is my understanding that if, my wife was living outside the UK and we had been married for 4 years or longer, and passed the KOL then she would be able to apply ILE? Therefore would you think in my case, it is a lot easier to wait until July/2013 then she can apply for the ILR herself under the rule of long residence?

She came to UK as student from 2003-2008, then PSW from 2008 to 2010, and now Tier 2 general after the PSW expired. She holds Chinese(not Hong Kong or Taiwan) passport.


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## Joppa (Sep 7, 2009)

plato413 said:


> Thanks again. It is my understanding that if, my wife was living outside the UK and we had been married for 4 years or longer, and passed the KOL then she would be able to apply ILE? Therefore would you think in my case, it is a lot easier to wait until July/2013 then she can apply for the ILR herself under the rule of long residence?


She cannot apply for ILE after 4 years of marriage until you obtain your ILR - you need to be a settled person in UK. As I've said, waiting till 2013 to apply under 10-year rule seems the best.



> She came to UK as student from 2003-2008, then PSW from 2008 to 2010, and now Tier 2 general after the PSW expired. She holds Chinese(not Hong Kong or Taiwan) passport.


I wasn't referring to your wife's situation but your friend's spouse. I need a lot more info on their circumstances to know how she managed to get ILR.


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## plato413 (Jan 4, 2012)

thanks joppa, you are nice and helpful


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