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Topic: Ooh, me too! Applying for ILR from the US?  (Read 860 times)

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Ooh, me too! Applying for ILR from the US?
« on: April 08, 2009, 05:12:53 AM »
I didn't want to threadjack Boulderite's thread, but had a question on the same type of application. The requirements state that to apply for ILR directly you must:

    * have married or formed a civil partnership four years or more ago;
    * have spent those four years living together outside the United Kingdom;
    * now be returning to the United Kingdom to settle here together; and
    * your spouse/partner must (unless aged 65 or over) have sufficient knowledge of the English language and about life in the United Kingdom.

My husband and I have been married for four years, but 12 months of that we spent settled in the UK (I had FLR, but we moved out of the country before it expired). Does that mean that we cannot apply for ILR directly and must go through FLR?


Re: Ooh, me too! Applying for ILR from the US?
« Reply #1 on: April 08, 2009, 07:49:30 AM »
Yes you need the spousal visa.

You have to have been living outside of the UK for 4 years in your marriage to qualify for the 'KOL Required' Stamp. Since you have not been you have to get the spousal visa and then spend 2 years on that before you qualify for ILR under the current rules.



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Re: Ooh, me too! Applying for ILR from the US?
« Reply #2 on: April 08, 2009, 08:28:10 AM »
You can't get ILE because you haven't taken the test.

But you can ask for the 'KOL Req' endorsement, as it seems that some consulates give this even if some time has been spent living in the UK.  The worst that will happen is they say no.


Vicky


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