Indefinete Leave for Whole Family !!

Rizahidam77 · Post by **Rizahidam77** » Wed Sep 21, 2011 2:36 pm

Dear All,

I am going to complete my 5 years on Sole Representative visa issued on a subsidary of Turkish based group in December 2011 and my family (Wife & 2 Kids) have had accompanied me since last 3.5 years on dependent visas.

I am appointed company Director / Operations Manager and the company intended to continue my job beyond the period of 5 years. In line with requirement for ILR, I have accomplished Level 3 of ESOL to fullfill the Knowledge of English requirement.

I am only worried about my wife, she is bit slow improving with her ESOL level 1 and I can't see her attaining the required level by the time my ILR application date due in December 2011.

As i understand after April 6, 2011 language requirement changes, that the partners of work permitt holder also requires same level of English as main partners. How far my info is correct, if not ... can any body kindly advise me the right requirement for my partner to get the ILR at the same time with me. Your valuable comments are highly appreciating ...

With Kind Regards,

Post by **vinny** » Wed Sep 21, 2011 3:07 pm

KOL required (196D(iv))

Post by **geriatrix** » Wed Sep 21, 2011 3:08 pm

196D(iv).

Rizahidam77 · Post by **Rizahidam77** » Thu Sep 22, 2011 10:08 am

sushdmehta wrote:196D(iv).

Hi Sush,

Your link was splended, very helpful. A small confusion about what i have noticed there.

Since I am a non point based applicant for ILR and i duly fulfill requirement of KOL but my wife has accomplished entry level 1 of ESOL and she was assessed below Level 1 of ESOL. Does she still qualifies for ILR togather with me?

Under the light of document you suggested, where it says on Page 35 as:

"People applying for indefinite leave to remain on or after 7 April 2010 and who submit an ESOL qualification must have progressed at least one level. This does not apply to people who applied on or before 6 April 2010".

I will appreciate your final comment on it.

Kind Regards,

Post by **geriatrix** » Thu Sep 22, 2011 10:16 am

See also Changes to the 'knowledge of language and life' requirement for settlement

It seems you qualify for ILR but your wife does not (KOL required). She should switch to FLR(M) after you are granted settlement and before her current leave expires / she travels abroad ... but to switch to FLR(M) she will need to meet the A1 English requirement

Rizahidam77 · Post by **Rizahidam77** » Thu Sep 22, 2011 10:47 am

sushdmehta wrote:See also Changes to the 'knowledge of language and life' requirement for settlement

It seems you qualify for ILR but your wife does not (KOL required). She should switch to FLR(M) after you are granted settlement and before her current leave expires / she travels abroad ... but to switch to FLR(M) she will need to meet the A1 English requirement

But the only thing is, my wife has the same length of leave as i do, so we need to apply togather. Its of no point that I will become a SETTLED migrant before her visa expires and then she will become eligible for FLR(M).

Shall we send a parallel application so that I get ILR and she gets FLR(M) based on her Entry 1 ESOL passed certificate and proof of enrolment in Entry Level 2?

It seems becoming bit complicated, isn't it?

Obliged to have your word...!!

Post by **geriatrix** » Thu Sep 22, 2011 11:05 am

On what date did you and your wife enrol in the ESOL course?

Rizahidam77 · Post by **Rizahidam77** » Thu Sep 22, 2011 11:16 am

sushdmehta wrote:On what date did you and your wife enrol in the ESOL course?

The enrolment was definately before November 2010. In March/April 2010.

Post by **geriatrix** » Thu Sep 22, 2011 12:49 pm

You wife must have a relevant ESOL qualification (Entry 1, at minimum) to be eligible for settlement. See also 33F.

If she doesn't qualify for settlement at the same time as you and her current leave expires before you are granted settlement, then she may apply for FLR(M) at the same time as you apply for settlement (use a covering letter to explain that the main migrant has applied for settlement and include necessary details - name, DOB, passport number, date of application, etc.) - provided she fulfils the A1 English requirement.

Rizahidam77 · Post by **Rizahidam77** » Thu Sep 22, 2011 2:46 pm

sushdmehta wrote:You wife must have a relevant ESOL qualification (Entry 1, at minimum) to be eligible for settlement. See also 33F.

If she doesn't qualify for settlement at the same time as you and her current leave expires before you are granted settlement, then she may apply for FLR(M) at the same time as you apply for settlement (use a covering letter to explain that the main migrant has applied for settlement and include necessary details - name, DOB, passport number, date of application, etc.) - provided she fulfils the A1 English requirement.

Hi Sush,

Now picture seems to be more clearer.

Me and my wife finishing our current leave on December 7, 2011.

I have got Entry Level 3 of ESOL (Enrolled before Nov.2010)
My wife got Entry Level 1 of ESOL (Enrolled before Nov.2010)
We got two kids under 18.

As i understand, we can apply for Settlement (ILR) for whole family at once. Should the discussion be concluded by your final comment??

Highly Obliged!

Post by **geriatrix** » Thu Sep 22, 2011 2:56 pm

Rizahidam77 wrote:My wife got Entry Level 1 of ESOL (Enrolled before Nov.2010)

Assuming she was initially (before commencing an accredited ESOL course) assessed at below Entry 1.

Then I believe you can include all your dependants in your settlement application.

Rizahidam77 · Post by **Rizahidam77** » Thu Sep 22, 2011 3:10 pm

sushdmehta wrote:
Rizahidam77 wrote:My wife got Entry Level 1 of ESOL (Enrolled before Nov.2010)
Assuming she was initially (before commencing an accredited ESOL course) assessed at below Entry 1.

Then I believe you can include all your dependants in your settlement application.

Yes, she has been assessed as below Level 1 before commencing. Now, I am hopeful to take my family on the same ILR flight.

Thanks Sush, you been really good to help throughout my extended course of enquiries.

Thanks & Kind Regards

Immigrationboards.com: Immigration, work visa and work permit discussion board

Indefinete Leave for Whole Family !!

Indefinete Leave for Whole Family !!