English langauge requirment for Tier 1 G to ILR

zahid4776 · Post by **zahid4776** » Fri Nov 11, 2016 3:54 pm

Dear Experts
I am going to apply for ILR in Jan 2017 after completing 5 years (T1G leave expiry Jan 2017).

Question 1 :
I secured marks for initial application and all extensions with my MBA degree from Pakistan and never had to submit any additional qualifications, so for ILR would that still be valid as a proof of KOLL **OR** I need a B1 qualification?
**IF**
Question 2:
B1 is not required, THEN do I need to send my original degree with application to support? and **DO** I need to get any equivalence from NARIC for this degree?

Note: Life in UK test is already passed.

Regards
Zahid

CR001 · Post by **CR001** » Fri Nov 11, 2016 3:55 pm

Topic moved to the ILR sub forum!!

You need Naric ELA or B1 English SELT test.

zahid4776 · Post by **zahid4776** » Fri Nov 11, 2016 4:10 pm

Hi CR01
thanks for reply...what confiung me is below text in a reference document for HO staff...please see below text.? really confusing..as this a staff reff doc so can we follow this what they say in here?

Knowledge of language and life in the UK – V19.0 Published for Home Office staff on 20 June 2016

''The points based calculator was turned off on 6 April 2016. An official statement from UK NARIC must be obtained before applying. Further information is provided on www.naric.org.uk/visasandnationality.
If we have previously accepted a degree qualification as meeting the requirements for an earlier application, and leave was granted, we will not need additional confirmation from NARIC. If the qualification has not previously been used for an immigration application, or the previous application was refused, the applicant must obtain confirmation from NARIC that it meets the relevant criteria.''

Thanks

zahid4776 · Post by **zahid4776** » Sun Nov 13, 2016 3:31 pm

Hi
Me + my 3 dependents (wife + 2 kids) are looking to apply for ILR in Jan 2017 our current BRPs also expiring on 22nd Jan 17.

Issue:
My wife unfortunately could not prepare for KOLL due some health issues and caring for our special need child in past few years. Now time is very close for visa running out and we need to apply in Jan 2017. She tried many times but could no pass B1 and LIUK. Now time is running out fast.

Questions:
1- should I go for asking exemption for her with supporting medical evidence of her health, and issues with regard to care of a special child..? So if they don't accept that reason, would they simply refuse it.? or would they normally give some options?
--OR--
2- In stress of meeting her KOLL requirement, I forgot to keep £630 maintenance funds for a Tier 1 Dependent extension for her, and now its far less then 90 days to 22 Jan2017..? is there any other category where there is no requirement for maintenance and we go for that..?

I am going to apply using premium service as our case is not straight forward and would be happy to give explanation or be interviewed.

I would really appreciate your expert opinion in my case.

Regards

CR001 · Post by **CR001** » Sun Nov 13, 2016 4:19 pm

CR001 wrote:Topic moved to the ILR sub forum!!

You need Naric ELA or B1 English SELT test.

Post merged and moved to ILR forum AGAIN!!!

Stop posting your ILR questions in the Tier 1 General sub forum and stick to one topic (this one)!!

CR001 · Post by **CR001** » Sun Nov 13, 2016 4:24 pm

Stress and anxiety (if that is her health issues) are likely not considered for exemption of LIUK or English B1. She has had 5 years to prepare for these. If you try, they will refuse it.

The only category she could apply for if you don't have the maintenance is FLR(M), but that also requires A1 English and you need to earn the relevant income per annum or FLR(FP) partner route if you don't meet the financial requirement. She will also have to pay the £500 immigration health surcharge.

I am going to apply using premium service as our case is not straight forward and would be happy to give explanation or be interviewed

Premium service should ONLY be used for cases that ARE straightforward. It is not an interview, they make their decisions based on your paperwork and if your circumstances are complex, it will be deferred and join the postal queue at the premium service cost.

Casa · Post by **Casa** » Sun Nov 13, 2016 4:40 pm

Note the following from the UKVI official guidance on PSC applications:

7. When you can't use the service (includes):
someone whose case is complex because of personal circumstances

zahid4776 · Post by **zahid4776** » Sun Nov 13, 2016 5:49 pm

Hi Cr001
many many thanks for reply, i would surly stick to this post..sorry for previous confusion on my part re creating posts.

re your suggestion in my case:
1-
she suffers from depression episodes with recent one in 2015 lasted a year coupled up with caring for a daughter with special needs and a an infant..i know its tricky one to comment you never know how HO would look at it..?

2-
FLR (M) i am earning 38k per anum in a permanent job, i hope that would be ok and wife have been attempting for a B1 so she might clear an A1 as its a much lower level.

FLR (FP) i would be happy to pay £500 IHS..any other requirement?

pls advise which route would you suggest based on above info. i.e. which of above would be quicker to get ILR in future in my wife's case..?

Also plz advs can i apply at the same time i.e. in a premium service with me + kids with Set (O) and wife with FLR (M) or (FP) all visas expiring on 22nd Jan 2017.. ?

Thankful for your time valuable advice...

CR001 · Post by **CR001** » Sun Nov 13, 2016 5:56 pm

zahid4776 wrote:re your suggestion in my case:
1-
she suffers from depression episodes with recent one in 2015 lasted a year coupled up with caring for a daughter with special needs and a an infant..i know its tricky one to comment you never know how HO would look at it..? This is unlikely to be considered sufficient 'health issues' to be exempt.

2-
FLR (M) i am earning 38k per anum in a permanent job, i hope that would be ok and wife have been attempting for a B1 so she might clear an A1 as its a much lower level. Yes your income is sufficient for her to apply on this route. £500 immigration health surcharge also payable for this visa and this route will reset her clock to zero towards ILR and she will need 5 years on FLR(M) - 2 x 2.5 year visas.

FLR (FP) i would be happy to pay £500 IHS..any other requirement? As you meet the income requirement for FLR(M), the FLR(FP) route will not be applicable.

pls advise which route would you suggest based on above info. i.e. which of above would be quicker to get ILR in future in my wife's case..? there is no quicker route than applying with you via SET(O)if she can pass LIUK and English B1, which is not that much harder than A1. Has she tried to do LIUK by listening to the questions and an audio book? FLR(M) will reset her clock to zero.

Also plz advs can i apply at the same time i.e. in a premium service with me + kids with Set (O) and wife with FLR (M) or (FP) all visas expiring on 22nd Jan 2017.. ? Yes, but wife will need a separate appointment a couple of hours after yours. If your ILR is deferred or refused, her application will also fail.

Thankful for your time valuable advice...

zahid4776 · Post by **zahid4776** » Sun Nov 13, 2016 8:43 pm

Hi Cr001
many thanks for your help..as you said FLR (M) would be the obvious choice now if unable to meet KOLL requirement by Jan 17. I will have to make sure to secure my ILR first then either apply for her by post or premium svc. Still trying hard to achieve KOLL requirements.

Again appreciate your prompt response and great advice in my case, bless you.
Thanks

zahid4776 · Post by **zahid4776** » Thu Nov 17, 2016 11:04 am

Hi Cr001
i re above case as its sure that clock would reset in case of FLR M...can you plz advice on below option for me...

- can i go for PBS dependent visa extension for my wife and apply after expiry date (which is 22 Jan 2017) but within 28 days grace period as maintenance funds would complete 90 days on 17 Feb 2017? is that allowed?

//if yes//

- would that breaks the continuous period for an ILR application later or they consider it valid if an application was made within 28 days grace period?

Thanks plz

CR001 · Post by **CR001** » Thu Nov 17, 2016 11:12 am

The 28 day 'grace period' is changing next week and will now only be 14 days.

A migrant should not apply for extensions etc after their visa expire, you will only be creating difficulties and will have no appeal right etc and will be an overstayer.

zahid4776 · Post by **zahid4776** » Sun Dec 04, 2016 12:55 am

Hi CR001
thanks for help with earlier clarifications, just to double check one info:

My wife is on PBS dependent since initial leave granted in May 2011 + 2 extensions expiring Jan 2017. Now I am going to apply for ILR next Jan 2017, since she still need to meet KOLL requirement, so if she switches to FLR (M) would she be considered on 2 year route //or// 5 year rout for ILR later?

Thanks

CR001 · Post by **CR001** » Sun Dec 04, 2016 10:34 am

Why do you want to apply FLR(M) for your spouse? This will reset her clock and start a NEW 5 year route (2 x 2.5 year visas) to ILR.

Why do you not want to extend her PBS dependent visa?

zahid4776 · Post by **zahid4776** » Sun Dec 04, 2016 1:30 pm

Hi Cr001
wish i could apply ext under tier 1 gen, but unforunatly we forgot to keep maintainace funds and now its less then 90 days to go in visa exp..i read somewhere that they can issue Limited leave to remain to give more time to meet Koll requirmnets..hve u got any idea? how can we request for it?
FLR M form confused us where it says 2 year route.!
Thanks for your help..

CR001 · Post by **CR001** » Sun Dec 04, 2016 2:34 pm

There is no longer a 2 year route.

If she applies for FLR(M), she will have to wait 5 years before qualifying for ILR (or 10 years LR if reached first). She cannot use her time as PBS dependent combined with FLR(M) to make up 5 years.

zahid4776 · Post by **zahid4776** » Sat Dec 10, 2016 7:12 pm

Hi CR001
thanks a lot for your kind help with KOLL queries, my wife have now passed B1 + LIUK. I am going to apply soon, few questions before I submit:

1- should I mention UK born child in Set O as dependent, he had to travel out of UK and a PBS dependent visa was issued for him from Pakistan?

2- is it necessary to give evidence of absence in below scenario , while continues period is based from my entry on 4 Jan 2012?

my scenario was that original leave was issued in 26 Jan 2009, I was in and out several times to find employment. Then family moved in 2011 and I remained self employed in UK + full time employment outside UK. Entered on 04 Jan 2012 (date from which in am counting 5 years) got the first extension for 2 years via PEO on 16 Jan 2012 (based on UK self employment + overseas earnings), mean time UK employment was arranged here, then I had to return to pack up form overseas job so in first year absence is about 124 days, later in Jan 2014 got 3 years ext till Jan 2017..so do I need to give proof of that heavy absence in first year / would that be an issue as now tier 1 Gen extensions not available?

Detail of absence:
JAN 2012 to JAN 2013 - 128 days
( 91 days due transition of finishing work out side UK + 37 days vacations total in that year 128 days)
JAN 2012 to JAN 2013 - 33 days (below all absence are vacations)
JAN 2013 to JAN 2014 - 28 days
JAN 2014 to JAN 2015 - 30 days
JAN 2015 to JAN 2016 - 10 days
JAN 2016 to JAN 2017 - 40 days

I have to apply for ILR, just need to make sure in do not miss out on anything, I am under one employer even from the overseas (UK company)..meeting all other requirements as well i.e. earnings etc..

plz advice with your valuable knowledge.

Thanks

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