ILR Dependent English Language Requirements

[SivaCalrifications]

Context:
I have ILR which is approved on 08-Aug-2019. I need to apply for ILR to my dependents wife and daughter. Both came to UK on 7-Mar-2015.

Their current tier-2 general dependent visa expires on 13-Jan-2019

Clarifications

1. Can they apply for ILR in Jan? They will complete 4 years 10 months by 6-Jan-2020. They fall short of roughly 26 days, for these 26 days do they have to apply for extension or can they directly apply for ILR? I am thinking of submitting the application in first week of Jan and take appointment on Feb 8, by then they finish 4 years 11 months.

2. Is PBS still acceptable to prove proficiency in English? My wife is a postgraduate from India which was taught in English.

Thanks in advance for your help.

[CR001]

1. Can they apply for ILR in Jan? They will complete 4 years 10 months by 6-Jan-2020. They fall short of roughly 26 days, for these 26 days do they have to apply for extension or can they directly apply for ILR? I am thinking of submitting the application in first week of Jan and take appointment on Feb 8, by then they finish 4 years 11 months.

What was their initial visa ISSUE date?

2. Is PBS still acceptable to prove proficiency in English? My wife is a postgraduate from India which was taught in English.

No, you cannot use the points based calculator, it was removed a number of years ago. She needs the English B1 test or UK NARIC English and comparable assessment for a foreign degree.

[SivaCalrifications]

Initial Visa issue date was December 9th or 10th. They entered UK within 3 months of visa issue date.

[CR001]

The ilr qualifying time starts from the initial visa issue date. They could have applied in November already, within 28 days before the 5th anniversary of the visa issue date.

[SivaCalrifications]

Thank you very much for this clarification. Such a relief.

Couple of more clarifications for my information

1. So can I still proceed with Jan application submission and Feb appointment - Hope it will not be treated as over stayers as their VISA expires on Jan 13 however I am planning to book appointment only in Feb.

2. Count for 5 years is from the date of first VISA issue you mentioned. Thank you. Does this mean irrespective of how long they take to enter UK after issue of the first VISA, this rule is applicable is it?

Thanks in advance.

[CR001]

1. Date of application is the date you submit and pay online. the date of biometrics is irrelevant.

2. Yes.

[SivaCalrifications]

1. Date of application is the date you submit and pay online. the date of biometrics is irrelevant.

Excellent. So I just need to ensure I submit the online application on or before 13th Jan.

2. Yes.

Great

[SivaCalrifications]

My spouse is about to apply for ILR as my dependent on 5 year route, I have received ILR in August 2019.

I assume she has to take A1 SELT – GESE Grade 2 exam to prove her English proficiency and not B1 SELT – GESE Grade 5. B1 SELT – GESE Grade 5 is for the main applicant I guess, based on the explanation provided on the Trinity college website

Note:
She has studied in India.
She is working here in a Permanent role, hope this doesn't affect which test she has to appear for.

Trinity College's explanation
A1 SELT – GESE Grade 2
Further Leave to Remain:
Family life as a partner of a settled person (Spouse/Partner)
Family life as a parent (Parent of a dependant)
This is the current A1 English language requirement.

B1 SELT – GESE Grade 5
Indefinite Leave to Remain — ILR

(Settlement/Permanent Residency)

Thanks in advance.

Kind Regards,
Siva

[CR001]

She needs a minimum of B1 for ilr. This is the mandatory level. A1 and A2 is not accepted.

[SivaCalrifications]

She needs a minimum of B1 for ilr. This is the mandatory level. A1 and A2 is not accepted.

Thank you for the quick response. It would be really great if you can explain why trinity college's explanation states dependents can take A1.

[CR001]

That is for a spouse visa.

She is applying for ILR and it clearly says B1 is required!!

If she applying for ilr on her own, she IS the main applicant, not you.

B1 applies to ALL applicants for ilr.

[SivaCalrifications]

If she applying for ilr on her own, she IS the main applicant, not you.

B1 applies to ALL applicants for ilr.

Sorry if I was not clear enough in my earlier post. I have received my ILR in August and She is applying for ILR as my spouse. Prior to this I had teir 2 general and she was on Tier-2 general dependent visa. Does this makes sense?

[CR001]

Nothing unclear about your post. You seem to be unclear about the mandatory ilr requirements. Not sure why you think she only needs A1 for ILR. A1 is for further leave to remain, ie a 2.5 year visa, which is not what she is applying for according to your first post.

If she is a tier 2 dependent applying for ilr on her own on form SET O, she needs English B1 and she is the main applicant because you already have ilr.

It makes no difference what her visa route is or if her spouse has ilr or not. She needs B1 otherwise it will be refused.

[SivaCalrifications]

Looks I am frustrating you.

She is applying for ILR using SET(M) not SET(O). Is this correct?

[CR001]

No, SET M is the wrong form if she holds a tier 2 dependent visa. It will be refused. Set M is only for applicants who have held a spouse settlement visa (FLR M) for 5 years, ie 2 X 2.5 year visas.

If her she has a current tier 2 PBS dependent visa and has held a tier 2 PBS dependent visa for 5 years, she must apply in form Set O.

FYI, English B1 is mandatory for both SET M and SET O. English A1 and A2 is the wrong test for ilr.

[SivaCalrifications]

Thank you very much.

Yes, she holds PBS Tier-2 Dependent VISA.
We will fill SET O and appear for B1 test. Thanks for your patience..

[CR001]

You're welcome. Feel free to ask any further questions as you progress through the form.

Don't forget she needs life in the UK test too.

[SivaCalrifications]

Yes sure, thank god we cleared it yesterday.