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Discussion Starter · #1 ·
I received my spouse visa with the KOL REQ endorsement. I want to run, run, run through to my ILR, but I know it's going to take time.

One hinderance to taking my KOL is the Proof of Address requirement. Upon entering the UK, we'll be living with my wife's parents until we have employment and our own place to stay. Because of this, utility bills, council tax, etc., will pretty much not exist in my name. My wife has a UK bank account (with her parents' address) that she put my name on about two years ago, but they were unable to complete the process due to submitting my signature card, since I didn't have my passport with me at the time as proof of identification.

My plan is to complete this process and receive a bank statement with my name as a joint account holder. My two questions here are:
  • Is this sufficient, and
  • Is this necessary, or can I just bring in the bank statement with her name on it? She has already changed the name on the account to her married last name. I assume that there are stay-at-home mothers who have no bills in their names, so I imagine there has to be some leniency with this requirement.

The other question I have is about applying for ILR. We got our visa approved due to funds on hand and our US jobs indicating a strong earning potential in the UK.
  • Do I need to be employed first, or will my earning potential from the US be sufficient? (And for how long?)

Oh, and this SET(M) form keeps talking about Biometric residence permits. So I have to ask the question:
  • Do I need anthing new for this, or can I ignore this since I have a pretty Entry Clearance in my passport that shows I've previously fulfilled Biometrics?

I realize these questions might seem pretty silly, nit-picky, and overly stressful, but £1377 is a lot to throw away just because I'm not prepared.
 

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I received my spouse visa with the KOL REQ endorsement. I want to run, run, run through to my ILR, but I know it's going to take time.

One hinderance to taking my KOL is the Proof of Address requirement. Upon entering the UK, we'll be living with my wife's parents until we have employment and our own place to stay. Because of this, utility bills, council tax, etc., will pretty much not exist in my name. My wife has a UK bank account (with her parents' address) that she put my name on about two years ago, but they were unable to complete the process due to submitting my signature card, since I didn't have my passport with me at the time as proof of identification.

My plan is to complete this process and receive a bank statement with my name as a joint account holder. My two questions here are:
  • Is this sufficient, and
  • Is this necessary, or can I just bring in the bank statement with her name on it? She has already changed the name on the account to her married last name. I assume that there are stay-at-home mothers who have no bills in their names, so I imagine there has to be some leniency with this requirement.
You may not even be asked to show proof of address! Just any document with your wife's name and address and your marriage certificate will do.

The other question I have is about applying for ILR. We got our visa approved due to funds on hand and our US jobs indicating a strong earning potential in the UK.
  • Do I need to be employed first, or will my earning potential from the US be sufficient? (And for how long?)
If you are applying soon after arrival, employment may not be necessary but you still need to show evidence of sufficient finance not to need public funds. So make sure your savings are ample or you have external sponsor.

Oh, and this SET(M) form keeps talking about Biometric residence permits. So I have to ask the question:
  • Do I need anthing new for this, or can I ignore this since I have a pretty Entry Clearance in my passport that shows I've previously fulfilled Biometrics?

I realize these questions might seem pretty silly, nit-picky, and overly stressful, but £1377 is a lot to throw away just because I'm not prepared.
When you do a same-day premium service, they will take fresh biometrics there and then and your permit will be sent by secure delivery within about 5 days (but allow 10).
 

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I received my spouse visa with the KOL REQ endorsement. I want to run, run, run through to my ILR, but I know it's going to take time.

One hinderance to taking my KOL is the Proof of Address requirement. Upon entering the UK, we'll be living with my wife's parents until we have employment and our own place to stay. Because of this, utility bills, council tax, etc., will pretty much not exist in my name. My wife has a UK bank account (with her parents' address) that she put my name on about two years ago, but they were unable to complete the process due to submitting my signature card, since I didn't have my passport with me at the time as proof of identification.
My wife and I are in similar circumstance as yourself where she is hoping to gain ILR based on KOL endorsement. When are you planning to return? It is not long before the new rules are likely to be introduced either in June or July...

My plan is to complete this process and receive a bank statement with my name as a joint account holder. My two questions here are:
  • Is this sufficient, and
  • Is this necessary, or can I just bring in the bank statement with her name on it? She has already changed the name on the account to her married last name. I assume that there are stay-at-home mothers who have no bills in their names, so I imagine there has to be some leniency with this requirement.
If you get a bank statement from the bank then this should be sufficient. Just taking a bank statement with her name only may not work as the requirement is specifically for having name of the applicant in the statement not the sponsor (although I have read else where sometimes sponsor's name on the statement in the UK will work but it probably is taking a chance in doing so)


The other question I have is about applying for ILR. We got our visa approved due to funds on hand and our US jobs indicating a strong earning potential in the UK.
  • Do I need to be employed first, or will my earning potential from the US be sufficient? (And for how long?)
Under current rules this will not matter as you both will be returning together. As long as you have good amount of savings and have good potential to gain employment in the UK (attach your resume) you should hopefully have no problems.

Oh, and this SET(M) form keeps talking about Biometric residence permits. So I have to ask the question:
  • Do I need anthing new for this, or can I ignore this since I have a pretty Entry Clearance in my passport that shows I've previously fulfilled Biometrics?

I realize these questions might seem pretty silly, nit-picky, and overly stressful, but £1377 is a lot to throw away just because I'm not prepared.

The only new thing you would require is updated bank statements (i.e include statements of months in between your spouse application in the US and for ILR), cover-letter should also be updated and make sure to include different letters that shows same address you lived in over the last few years.
 

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Discussion Starter · #4 ·
Thanks Joppa! Our savings aren't huge, but will last us well over a year with free accommodation. Your responses are about what I've anticipated, but being a pessimist and all ...

Anyway, it should be quick. I'll do my best to report back in this thread sometime in August or September to let everyone know how it went.
 

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Discussion Starter · #5 ·
My wife and I are in similar circumstance as yourself where she is hoping to gain ILR based on KOL endorsement. When are you planning to return? It is not long before the new rules are likely to be introduced either in June or July...
Thanks for your reply.

We're planning on entering the UK between June 30 and July 2. If I apply for the KOL test as soon as I enter, I may be able to take it by mid-July. The new rules aren't extremely relevant, as even without my wife's income, my income potential based on US income is still high enough to support the three of us (with my son) under the suggested plans.

(Side note: If her income shouldn't be included in determining my finances, then my finances shouldn't have to include supporting her. But logic somehow never makes it into legislation.)

Anyway, given all the permutations of possibilities, time-tables and likelihoods, I feel pretty confident.

And hey, as long as I'm doing it this way, I've always got 27 months to get it right.
 

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Slight diversion of topic, but might be helpful to you...

Although not likely necessary for your KOL, if you want another swift document with your proof of address, register with your local doctor's surgery once in the UK. If your registration is accepted (and it should be), you'll be sent an NHS "medical card" with your name, address and new NHS number (except it's no longer a card but a piece of paper declaring that it's a replacement for the card). This document is a good secondary back-up to accompany bank statements with your name and address on - and my partner received hers within a week of registering, whereas utility bills can take some considerable time.
 

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Pardon me for asking, but how do you get the KOL requirement? I realize there's a probationary period with the visa... I'm only just living with my husband for the first time in the UK when I leave (hopefully) in June. Do I have to wait to take the test and such... Do I reapply for the visa after 2 years?
 

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Discussion Starter · #8 ·
Pardon me for asking, but how do you get the KOL requirement? I realize there's a probationary period with the visa... I'm only just living with my husband for the first time in the UK when I leave (hopefully) in June. Do I have to wait to take the test and such... Do I reapply for the visa after 2 years?
If you've been married and living together for 4 years (well, the exact requirements are 1) have been in a relationship with the settled partner, 2) have been living together outside the UK for 4 years or more, and 3) meet the knowledge of life and language requirement), they can waive the 2 year probation. My wife and I have been married for 6. My visa is still a 27 month visa, but they added a "KOL REQ" line to it, so I can apply for ILR as soon as I take and pass the Knowledge of Life and Language in the UK test.

If you haven't been married that long (or if you have been but simply didn't get the KOL REQ endorsement on your visa), then you are granted limited leave to enter for 27 months starting on the first date the visa is valid for, same as with the KOL REQ endorsement, but you have a 2 year probationary period before you can apply for Indefinite Leave to Remain. (It's so they don't grant permanent resident status to every sham wedding that swoops in from Vegas.)

Your probationary period starts when you enter the country on the visa. 23 months and a few days later (28 days before you've fulfilled 2 years), you can apply for ILR with the SET(M) form. You'll also need to take and pass KOL sometime before then.
 

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If you've been married and living together for 4 years (well, the exact requirements are 1) have been in a relationship with the settled partner, 2) have been living together outside the UK for 4 years or more, and 3) meet the knowledge of life and language requirement), they can waive the 2 year probation. My wife and I have been married for 6. My visa is still a 27 month visa, but they added a "KOL REQ" line to it, so I can apply for ILR as soon as I take and pass the Knowledge of Life and Language in the UK test.

If you haven't been married that long (or if you have been but simply didn't get the KOL REQ endorsement on your visa), then you are granted limited leave to enter for 27 months starting on the first date the visa is valid for, same as with the KOL REQ endorsement, but you have a 2 year probationary period before you can apply for Indefinite Leave to Remain. (It's so they don't grant permanent resident status to every sham wedding that swoops in from Vegas.)

Your probationary period starts when you enter the country on the visa. 23 months and a few days later (28 days before you've fulfilled 2 years), you can apply for ILR with the SET(M) form. You'll also need to take and pass KOL sometime before then.
The important thing is that the granting of KOL REQ is at the discretion of UKBA, so even if you meet all the requirements, there's no guarantee you will get it. I have the distinct impression that since earlier this year, UKBA have become more choosey in whom they award it to. This, I suspect, is in preparation for revised rules expected to come into effect shortly, where 2 year-probation and KOL REQ will be abolished and everyone will have to live in UK for 5 years before being eligible for settlement.
 

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The important thing is that the granting of KOL REQ is at the discretion of UKBA, so even if you meet all the requirements, there's no guarantee you will get it. I have the distinct impression that since earlier this year, UKBA have become more choosey in whom they award it to. This, I suspect, is in preparation for revised rules expected to come into effect shortly, where 2 year-probation and KOL REQ will be abolished and everyone will have to live in UK for 5 years before being eligible for settlement.
I hope that won't apply when I go for it... I feel like with people who have gotten their visa now they should still be allowed to have that two year probation only :(

So about the test, can you take it at anytime or do you have to wait to get the KOL REQ?
 

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The important thing is that the granting of KOL REQ is at the discretion of UKBA, so even if you meet all the requirements, there's no guarantee you will get it. I have the distinct impression that since earlier this year, UKBA have become more choosey in whom they award it to. This, I suspect, is in preparation for revised rules expected to come into effect shortly, where 2 year-probation and KOL REQ will be abolished and everyone will have to live in UK for 5 years before being eligible for settlement.

Slightly off topic

Do you think they would take into consideration if you were here under a different category? Like if you were here as a student for 3 years then met your spouse etc? Or you think it would just be being here as a spouse for 5 years?

Those here on the 2 year FLRs would be really hit by the 25,700 annual maintenance rule. Especially if both parties are working I don't see the why the British spouse must be the only one making that amount if their partner want to apply for an ILR.

Time will tell i guess
 

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It's all very unknown right now, but I suspect only 'settlement' time will be counted, which would not include living in the UK as a student, but this should be flagged as extreme guesswork on my part!

Yes, it seems unfair if the non-UK spouse has secured reliable employment that all pressure for meeting the supporting threshold should still fall to the sponsor only (after all, the ruling is simply to ensure that the couple are not drawing from public funds to support the overseas partner). It seems especially unfair on people with children (with three children, the support threshold for the sponsor's salary could need to be as high as £62,500 which to me seems totally unrealistic for one person to earn in a more mainstream job).

Personally, I can't see the government being THIS harsh to people already admitted to the UK on settlement visas. If they do backdate it to affect people on current probationary settlement visas, perhaps they will allow both incomes to be counted which would seem to me more sensible. However, this is MY guesswork, and my guesses are no better than anyone else's. All we can realistically do is wait for the rules to be announced formally and have contingency plans in mind if there is a chance any of the changes impact on those of us with existing FLR or Spouse visas.
 
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