ILE / ILR & KOL Test

Hi all,
Back again with a few more questions for you guru's

My background can be found here, though my current questions are not directly related to those issues (but it's always helpful to have provide some contextual background )  : http://talk.uk-yankee.com/index.php?topic=42289.msg589754#msg589754 [nofollow]

We now have almost 5 years of married life here in the USA under our belt and are pursuing a move to the UK.

We have some confusion re: ILE / ILR and the required KOL test. We understand that  ILR will only be granted following a successful KOL test, which he can only take in the UK (subsequent to him being on the correct entry visa)

Hence our understanding of the process is as follows: (please correct any incorrect terminology as I fully appreciate having dealt with USCIS - just how important that is)

He applies here (USA) for ILR  as we have been married and living as such for 4 years plus. If/ when that is granted it will be stamped with 'KOL Test Req'  (or words to that effect).

He enters the UK on that visa and is immediately eligible to sit the KOL Test (foregoing the 27 month probationary period) and following payment (and of course a pass)will be given ILR?

If we have grasped at least the right concept of that process, presumably this means we will be paying the cost of the two visas, (KOL req) ILR  to ILR (KOL test taken) or have we got this totally wrong and we are off the beaten track on this?

Your help / advice /corrections  greatly appreciated 

He applies here (USA) for ILR  as we have been married and living as such for 4 years plus. If/ when that is granted it will be stamped with 'KOL Test Req'  (or words to that effect).

Not quite. He applies for a normal spouse visa (Settlement Visa) and requests the 'KOL Req' Endorsement. If you don't request it you may not get it. Also it's going to be going away fairly soon as to exactly when we don't know. But only count on it being available through early April.

He enters the UK on that visa and is immediately eligible to sit the KOL Test (foregoing the 27 month probationary period) and following payment (and of course a pass)will be given ILR?

Yep as long as you meet the other visa requirements as well.

If we have grasped at least the right concept of that process, presumably this means we will be paying the cost of the two visas, (KOL req) ILR  to ILR (KOL test taken) or have we got this totally wrong and we are off the beaten track on this?

You just have your terminology wrong is all.

You'll be paying for a spouse visa and then a SET(M) (ILR) application.

Just to clarify the terminology of the different visas:

1) Spousal visa: 27-month visa allowing you to move to the UK to live with your spouse. You must live in the UK for 2 years before you can apply for ILR.

2) Spousal visa with KOL Req'd: 27-month visa allowing you to move to the UK to live with your spouse, but as you have been married for 4+ years, you can apply for ILR as soon as you have taken the KOL test. This will only be granted if you request it specifically and include your marriage certificate and last 4 years of tax returns (to show you have been living together).

3) ILE: Permanent residence issued outside the UK for those who have been married 4+ years AND have already taken the KOL test.

4) ILR: permanent residence issued inside the UK for those who are already living in the UK on a spousal visa or a spousal visa with KOL Req'd and have taken the KOL test.

So, as you can see, you will be applying for a spousal visa in the US (and requesting a KOL Req'd stamp), because you cannot apply for ILE or ILR until after you have taken the KOL test, and you can't apply for ILR unless you are already living in the UK.

He enters the UK on that visa and is immediately eligible to sit the KOL Test (foregoing the 27 month probationary period) and following payment (and of course a pass)will be given ILR?

Well, he won't just be 'given' ILR when he passes the test. After he has taken the test, he will need to go through the visa application process for ILR... filling out the application form, gathering the required supporting documents, having biometrics taken again, sending off the documents to UKBA (or applying in person and giving biometrics on the day, although it costs more to do this) etc.

This thread has been very helpful to me, as I believe that I’m in a similar situation. I'm a US citizen who been married to a British citizen for 22 years. We are planning to settle in the UK within the next 2-3 years. 

Based on the information here, I should apply for Spousal Visa with KOL Req'd. Is there a place for the KOL request on the form or do I need to include a letter with the application requesting this? Following entrance into the UK, I take/pass KOL, and I then apply for ILR. Am I right in assuming that this process will take at least 3-6 months?

The timing is a bit of an issue for us. I run a home-based business in the US, which will likely continue to chug along. Thus, how do I legally handle my biz during this transition period? All my clients are in the US, which is likely to still be the case during the transition. I can post this in the business section or start a new thread in this section, but I was just curious about my status with respect to working prior to the ILR.

BTW, this forum rightly confirmed my son’s right to a British passport a few months ago http://talk.uk-yankee.com/index.php?topic=72195.0. [nofollow] We took your advice and father and son now have dual UK/US citizenship, which is a huge relief. Thanks again!

Based on the information here, I should apply for Spousal Visa with KOL Req'd. Is there a place for the KOL request on the form or do I need to include a letter with the application requesting this? Following entrance into the UK, I take/pass KOL, and I then apply for ILR. Am I right in assuming that this process will take at least 3-6 months?

You would need to specifically request the KOL endorsement in your cover letter, and provide the necessary evidence of being eligible for it.

If you do an in-person ILR appointment at a PEO, you would have a decision on the same day for a straightforward application.  So, if you are able to pass KOL very shortly after arrival and get an in-person appointment shortly after that, you could have ILR relatively soon. 

The timing is a bit of an issue for us. I run a home-based business in the US, which will likely continue to chug along. Thus, how do I legally handle my biz during this transition period? All my clients are in the US, which is likely to still be the case during the transition. I can post this in the business section or start a new thread in this section, but I was just curious about my status with respect to working prior to the ILR.

A spouse visa enables you to work in the UK.

Remember though that there may be a change in the immigration rules in April, and KOL Req and ILE may not exist anymore.  So if you apply after then, KOL Req may not be an option.

I just checked somewhere else, and so I will answer my own question about restrictions on work. With the Spousal Visa, it appears there are no restrictions on working in UK. Thus, it now seems that the timing on the ILR is less of an issue.

Cheers,

KJD

I just checked somewhere else, and so I will answer my own question about restrictions on work. With the Spousal Visa, it appears there are no restrictions on working in UK. Thus, it now seems that the timing on the ILR is less of an issue.

Yes, you are correct - there are no working restrictions on a spousal visa... you should be treated the same as any UK citizen in terms of job eligibility (unless the job specifically requires UK citizenship).

People who have not been married for more than 4 years before applying for a spousal visa are required to live in the UK for 2 years before they are eligible for ILR (although the government are proposing to increase this to 5 years)... but they are still allowed to work for these 2 years.

Bear in mind that if they do get rid of ILE/KOL Req'd before you apply and they implement all the other proposed changes too, then you may be required to live in the UK for 5 years before you will become eligible for ILR.

I just wanted to add that I didn't specifically ask for the KOL REQ stamp but I got it anyways as we met the requirements and I provided enough proof.  I submitted marriage cert (2005), our kids UK passport copies, proof of home ownership together, proof of auto registration and auto insurance with both of our names and that was sufficient.  I was a little nervous after reading it had to be requested (I didn't find these forums until after I applied!), but it was not an issue.