Do we need to Re-take English Language test for ILR

[RRSB2012]

Hi Everyone,

I will be applying for ILR very soon and I was filling the forms.
for English Language requirement as a main applicant, I had done IELTS when I got my Tier 1 Visa back in 2010.
I had gone through a renewal in June 2012 and Jan 2015. At that time I used the English Language skills proved at the time of initial application.

My Question is: Though I had proven my English Language skills at the time of grant of the initial leave to enter or remain (Tier 1 Visa), Do I have to again go through a test?

I would really appreciate some help and guidance.

Thanks a lot.
R

[CR001]

See FAQs English Language Requirements for ILR (click)

[RRSB2012]

Hi

Can some one please confirm my understanding of ILR form requirement for Tier 1 General Dependent.
My Understanding is:
If Tier 1 General Dependent is applying for ILR with the Main applicant at the same time, then there is no separate form needed for the Dependent.

Is this correct?

Thanks
R

[CR001]

You are correct. One form for both of you.

[RRSB2012]

CR001,

Thanks a lot for the response.
I have another question.

I came to UK on 5th Feb 2011.
after coming to UK and before starting my employment in July 2011, I made 3 trips to Dubai for 10, 17 and 23 days. does that break the continuous period of residence required for ILR.

I would really appreciate your guidance.
Thanks
R

[geriatrix]

Please read FAQs for ILR - Tier 1G/Tier 2/WP/HSMP - Read before posting

[RRSB2012]

Hi Sushdmehta,

I have read the FAQs and they are very helpful, so thanks for writing them up.
I still have a confusion.
I know that travel outside UK for 10, 17 and 23 days (anything less than 180 days in a year) would not break the continuous residence.

My confusion is: If you travel while you are Un-employed, for a total of 50 days, does that break continuous residence.

Someone told me that if you travel outside UK while you are not employed will break the continuous residence period (irrespective of the number of days). Is that True?

So if I started working since July 2011, Am I not eligible to apply for ILR until July 2016?

Would appreciate your help please.
Thanks
R

[geriatrix]

If you have read the FAQs, does it mention anything about the relationship between "employment" and "absence from UK"? Do the immigration rules or guidance associated with "absences from UK" (given in the FAQs) mention anything to the effect?

Where does it say, anywhere, that that you cannot travel outside UK when you are not employed?

[RRSB2012]

Sushdmehta,

Thanks for your response. I understand it might be frustrating I am asking questions after question.

This is a guidance document on http://www.gov.uk - Document is titled 'Indefinite leave to remain: calculating continuous period in UK'. I have copied the link below:
https://www.gov.uk/government/uploads/s ... _clean.pdf

On Page 8 of this document it says 'The Secretary of State considers a grant of ILR in the UK to be a privilege and the continuous period requirement is the minimum amount of time which a migrant must spend in employment or being active in the UK economy before being eligible to qualify for ILR.'

Also on Page 23, it says 'Employment outside of the UK
If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken. Absences due to employment, whether related to the applicant’s job in the UK or not, count towards the 180 day maximum each year.'

Thus after coming to UK and before starting my job here, if I travelled outside UK to windup my previous job / Complete the notice period then, I might not be able to apply for ILR yet.

Following are the dates for more clarity
5 Feb 2011 - Arrived in UK for the first time on Tier 1 General Visa.
5 March 2011 - Travelled back to Middle East
16 March 2011 - Arrived in UK ........ Stayed out of UK for 10 days
19 March 2011 - Travelled back to Middle East
6 April 2011 - Arrived in UK .......... out of UK for 17 days
7 April 2011 - Travelled back to Middle East
1 May 2011 - Arrived in UK and settled. ........ out of UK for 23 days.
July 2011 - Joined employment

I am sorry if my post is too long ....... but I would be really grateful, if you can help please.
I wont mind a short answer if you can please advise, if I can apply for ILR now or in April 2016 or in June 2016.

Many thanks for your time and efforts.
R

[RRSB2012]

Can someone please help. I am waiting for the response to book my appointment.
Thanks in anticipation.
R

[O_Relly]

You are interpreting the Calculating continuous period incorrectly. The rule is 180 days in any 12 months, whether you are employed or unemployed in that period doesn't matter.

You are perfectly safe to apply in Jan 2016. Also be aware the ILR fee is increasing in April 2016. See this

ps: I haven't said anything new that the mod's haven't already pointed out.