Applying for ILR before standard 2 years need advice!

I am one of those that was married and living in the US to my British husband for the last 5 and a half years.  We have moved to the UK and I am on my 2 year spousal visa.  We've only been here for a month and a few days now and I am itching to get my Life in the UK test done and apply for my ILR.  Is this exception still valid that if you've been married for that long and living together outside the UK, you can skip the 2 year wait and apply as soon as you've passed the test??  If so, is there any special documents or different things that we need to include in our application since all our evidence will be from the US since we have almost nothing here??  I have gotten some letters and opened a bank account, but other than that, all our paperwork will come from the US.  Also, how far back do we need to go??  I thought we needed to go a bit further back to prove our residence together since I am skipping the 2 years and they would probably need proof of that.  Do I need to provide documents back 4 years?  Sorry for the mass of questions, but before I get a job, this would be easier to sort out now and we just got our container of stuff delivered and I have the paperwork to do it now!  Thanks in advance for any advice!

If you were admitted under Paragraph 282-c, the underlying assumption is that the marriage is genuine, so they will be less concerned about it than otherwise.

 

It depends on what evidence you supplied when you made the spousal visa application in the first place.

If, as Garry has said, you applied under 282c and have already supplied the evidence of 4 years living together as a married couple in the US then you *shouldn't* need to supply it again.

Vicky

Sorry, it's been a long time since I've been checking out the lingo.  Is 282c the one where you take the test go home and apply for the spousal visa?  I only gave them the things you would need for the regular entry clearance visa which gave them a few months worth of statements, our marriage certificate, birth certificates and all the regular stuff anyone would  normally.  My plan was to get here first since we didn't have time to get the LITUK test done first, take the test and apply right away.  So, they don't really know the whole story from my previous application.  If they do need a lot of info, will I need to go back the 4 years?  I'll have to try and look up the 282c and find out what exactly that is, but I don't think that was the case. 

282c is
(c) in the case of a person who meets the requirement in paragraph 281(i)(b)(i), but not the requirement in paragraph 281(i)(b)(ii) to have sufficient knowledge of the English language and about life in the United Kingdom, be admitted for an initial period not exceeding 2 years, in all cases provided the Immigration Officer is satisfied that each of the relevant requirements of paragraph 281 is met.

My guess would be that, unless you proved your 4 years before applying for entry clearance, that you have probably blown it and will have to wait out the 2 years.  But I'm not sure, as I've not come across this exact situation before.

Vicky

While I'm inclined to agree, I would be distressed if they restarted their shenanagans in this area.

If there's sufficient interest, I can just call up the legal officer at ILPA and put it to him directly what people in this situation are doing. 

I definitely would like to get this moving if it is possible.  That was my understanding before we initially applied.  The choices to someone in my situation was to A) take the test as a visitor, go home and apply or B) enter on the 2 year visa, take the test right away and apply for the ILR.  I thought we had read and discussed this a while ago, I'll have to look and find the thread if possible, but If we could prove our marriage for so many years and had lived outside the UK, there was suppose to be a way to forgo the waiting period of 2 years.  At the time, they had only JUST decided to accept people to take the test as a visitor and that left me without time to do so.  If you both don't know for sure, how can I be certain what my next step should be or who shall I contact??  Thanks for the help so far, I just hope this has not changed since the last time I was on discussing it.

I think you need to compare the visa in your passprt with the visa issued to someone who has already proved the 4 years when they applied for entry clearance.

I think you misunderstood the situation.  The options were a) come and take the test as a visitor then go back to apply b) just apply for the 2 years and live waiting 2 years for ILR or c) prove the 4 years cohabitation when you applied, and then when you arrived take the test and apply immediately for ILR.

This is how I have understood it anyway.

Vicky

My wife & I have been married & living in the US for 6 years.

I was reading this page, http://www.bia.homeoffice.gov.uk/ukresidency/eligibility/partnersandchildren/husbandwifecivilpartner/
Where it states,

In some cases, we can give your husband, wife or civil partner permission to live permanently in the United Kingdom as soon as he/she arrives. To qualify for this, you must:

    * have married or formed a civil partnership four years ago;
    * have spent that four years living together outside the United Kingdom; and
    * now be returning to the United Kingdom to settle here together.

Yet I don't see any where  on the online application  where you can request this. 
I was planning on adding something on my sponsor letter, saying we have spent the last 4 years together, & including our IRS tax transcripts to prove this.

Then my US spouse would take the test after we arrive & apply for ILR.  Are my assumptions correct?

Any recent applicants have any experience with this?

Thanks.

My understanding (see above) is that you need to send documentary evidence that you have been living together for the four years since you married.  This is what was needed before they brought in the KOL tests; just supplying the marriage certificate and a statement was never enough.

Vicky

**I'm cross-posting this, because I think it could help someone in this thread**

When I applied for my spousal visa, I didn't send anything specifically to prove that I'd been married for more than 4 years. (Although, one of the question on the form asked how long I'd been married - and of course, I sent my marriage certificate.)

I spoke to the ECO and asked her exactly what my options were once the spousal visa was granted. She confirmed that:

1. I would enter the UK
2. Take the KOL test as soon as possible
3. Apply for ILR

immediately. So that's what I was planning to do.

Would you scan in a copy of your entry clearance and send it to me?

Yes, I'll do that later on tonight.

TAR!

I just looked at my spousal visa and it says:

Settlement Spouse/CP(KOL REQ)