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ILR Tier 2 General, me and PBS Dependents

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

sirf02
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Re: ILR Tier 2 General, me and PBS Dependents

Post by sirf02 » Thu Feb 20, 2020 10:04 am

thanks Zimba.

i just checked the english document exemption section. the below section is what i find relevant to my case (tier 2 general main applicant visa granted after 2011).
PBS routes except Tier 2 (Minister of Religion)
You must also award an applicant 10 points if they met the English language
requirement in a previous grant of leave as a:
• Tier 1 (Graduate Entrepreneur) migrant
• Tier 2 (General) migrant under the rules in place on or after 6 April 2011
if, when they were granted that leave, they also scored points for having knowledge
of English equivalent to level B1 of the Council of Europe’s Common Framework for
Language Learning or above.


Am i checking the correct section to confirm and satisfy myself??

Also is this exemption not applicable for spouse as she went through the process during Tier 2 general but as a PBS dependent.??

Thanks for your support so far. i rang HOME office to confirm all of the above but they seem to be not aware of the complete details, all they do is divert to some other phone numbers or gov.uk website.

appreciate your support on this...

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Re: ILR Tier 2 General, me and PBS Dependents

Post by CR001 » Thu Feb 20, 2020 10:06 am

Your dependent is NOT exempt from the English requirement. PBS Dependants do NOT have to meet ANY English requirement for their PBS Dependent visas but the English requirement and LIUK is mandatory for ILR for the dependent.
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sirf02
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Re: ILR Tier 2 General, me and PBS Dependents

Post by sirf02 » Thu Feb 20, 2020 10:23 am

thank you so much.

to my other point above, am i checking the correct section to prove myself that i am exempt from english requirement...

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Re: ILR Tier 2 General, me and PBS Dependents

Post by sirf02 » Thu Feb 20, 2020 1:50 pm

also the KoLL document latest published 17/01/20 states the below,

In addition, doctors, dentists, nurses or midwifes who have previously been grated leave under Tier 2 (General), do not need to meet the English language requirement for indefinite leave to remain

it does not mention that Tier 2 general visa holders are exempt.

can you guide me the section where it says in any of the home office document. i have checked "english language requirements" also, i cant see a definite statement that Tier 2 general visa holders are exempt from the english language requirements.

please help...

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Re: ILR Tier 2 General, me and PBS Dependents

Post by zimba » Fri Feb 21, 2020 1:49 am

Part 2 - knowledge of language and life: Paragraph 2.2(b)

https://www.gov.uk/guidance/immigration ... endix-koll
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Re: ILR Tier 2 General, me and PBS Dependents

Post by sirf02 » Fri Feb 21, 2020 10:34 am

thanks Zimba.

one of the trip to vacation was 35 days but i have the company approval letter saying it was approved and paid holidays.
will this be a problem?

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Re: ILR Tier 2 General, me and PBS Dependents

Post by zimba » Fri Feb 21, 2020 7:34 pm

No
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Re: ILR Tier 2 General, me and PBS Dependents

Post by sirf02 » Mon Feb 24, 2020 11:05 am

thanks Zimba.

i was without a job in 2019 for few months. Last working day: 28/03/2019. Termination of employment 21/08/2019. i had been for vacation outside UK for 2 months (06/06/2018 - 06/08/2018) came back before my termination date. how do i justify this absence and what supporting document should i present?
can you please share your suggestions.

i joined new job in Feb 2020.

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Re: ILR Tier 2 General, me and PBS Dependents

Post by zimba » Mon Feb 24, 2020 3:13 pm

No need to justify it
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Re: ILR Tier 2 General, me and PBS Dependents

Post by sirf02 » Mon Feb 24, 2020 3:22 pm

thanks Zimba, does it mean we can travel outside UK in tier 2 general visa although not in job for 2 months or so and just having a valid visa?

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Re: ILR Tier 2 General, me and PBS Dependents

Post by zimba » Tue Feb 25, 2020 2:01 am

sirf02 wrote:
Mon Feb 24, 2020 3:22 pm
thanks Zimba, does it mean we can travel outside UK in tier 2 general visa although not in job for 2 months or so and just having a valid visa?
Yes as your employer will not give you a letter.
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Re: ILR Tier 2 General, me and PBS Dependents

Post by sirf02 » Wed Feb 26, 2020 3:33 pm

I don't get it.

I should not have travelled it for 2 months?

now that i have travelled, what should i do?

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Re: ILR Tier 2 General, me and PBS Dependents

Post by zimba » Wed Feb 26, 2020 7:14 pm

Zimba wrote:
Mon Feb 24, 2020 3:13 pm
No need to justify it
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Re: ILR Tier 2 General, me and PBS Dependents

Post by sirf02 » Thu Feb 27, 2020 11:37 am

ok :)

so i declare this leave as part of the application and leave it without any letters/justifications.
but do you think this leave of 2 months will be accepted, will this be a problem for ILR?
sorry if i am after you for the same question again. i am just cautious that i dont go against the guidelines.

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Re: ILR Tier 2 General, me and PBS Dependents

Post by zimba » Thu Feb 27, 2020 6:46 pm

sirf02 wrote:
Thu Feb 27, 2020 11:37 am
ok :)

so i declare this leave as part of the application and leave it without any letters/justifications.
but do you think this leave of 2 months will be accepted, will this be a problem for ILR?
sorry if i am after you for the same question again. i am just cautious that i dont go against the guidelines.
Technically there is nothing you can do. You should expect UKVI to ignore such period as you do not have a justification and they usually do
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Re: ILR Tier 2 General, me and PBS Dependents

Post by sirf02 » Mon May 18, 2020 6:50 pm

Zimba wrote:
Tue Feb 18, 2020 3:01 am
sirf02 wrote:
Mon Feb 17, 2020 5:09 pm
thanks, just for clarity. You mean she should put absences from 20/01/2020 right?
Yes
HI Zimba - sorry for asking the same question again, actually my lawyer is confusing now.
My wife's last extension was on 20/01/2020 and she has not taken any holidays after this period.

however she has taken holidays from 11 Jan 2018 to Dec 2019. Should she declare these holidays? or does shes just say No to the question "Have you had any absences from the UK during any leave granted since 11 January 2018?"

can you confirm please?


When was your P45 issued ? Your sponsor should have informed the UKVI if your employment was terminated. UKVI may take issue with that

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Re: ILR Tier 2 General, me and PBS Dependents

Post by zimba » Mon May 18, 2020 7:39 pm

Correct. If she was issued a visa in 2020 (this was the one issued after 11 Jan 2018) and never taken any holidays
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