Ecctis letter for US degree

Hi all! Been a while since I have posted on this forum.

My husband got his Tier 2 dependent visa in May2017 but he only started living in the UK from Oct2017. Since this was before 11Jan18, am I right in thinking that he can now apply for ILR as it has been 5 years (minus ~28 days) since he got his dependent visa?

We are planning to apply soon and would like to be sure. I am now a British citizen so our plan is also to apply for his citizenship as soon as (24hours after) he gets the ILR.

Thanks in advance for any replies!

Yes. He should be able to apply for ILR

Hi again. I am now confused again regarding the absences. I read the guidance "Indefinite leave to remain: calculating continuous period in UK Version 22.0" where the 11Jan18 stipulation is only mentioned under Tier 1 dependents:

Tier 1 Entrepreneur and Tier 1 Investor dependant partners
You must not include any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 towards the 180 days allowable absences. For example, if a dependant partner’s qualifying period includes initial leave granted from 1 February 2015 to 31 January 2018, and an extension granted from 1 February 2018 to 31 January 2020, you must not count any absences before 1 February 2018.

There is no separate section for Tier 2 dependents, in fact is mentioned that:

Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK count towards the 180 days allowable absence in the continuous 12-month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

My husband's absences are as follows:

10May17: Dependent visa received (2 days outside the UK)
12May17 - 20May17: Visited the UK to collect BRP (9 days stay in the UK)
11Oct17: Entered the UK (143 days outside the UK)
29Oct17 - 22Nov17: Trip outside the UK (25 days)
12Jan18 - 17Jan18: Trip outside the UK (6 days)
27Jan18 - 30Jan18: Trip outside the UK (4 days)
25May18 - 02Jun18: Trip outside the UK (9 days)
22Dec18 - 04Jan19: Trip outside the UK (14 days)
28May19 - 09Jun19: Trip outside the UK (13 days)
05Jul19 - 07Jul10: Trip outside the UK (3 days)
09May22 - 14May22: Trip outside the UK (6 days)

I am worried that the time spent outside the UK in the 12 month continuous period between 2017-2018 could exceed 180 days as we will have to apply either before 25May22 or after 02Jun22 (I remember some rule about you should have been in the UK 5 years before the date you apply for ILR). Can someone please direct me to the rules where it states that this is acceptable for Tier 2 dependent visas granted prior to 11Jan18?

Also, do the days you leave the UK and the day you arrive also count as absences as I think it has to be whole days of absences? If they don't count then I will need to revise my total. The above dates are from stamps on the passport.

Thanks in advance!

Absences for PBS dependant visa periods issued before 11 Jan 2018 do NOT count
You must count ONLY full days of absence from the UK for a visa period issued AFTER 11 Jan 2018.

See: uk-tier-1-general-dependent-visas/ilr-t ... l#p1571196

Zimba wrote: ↑

Wed May 04, 2022 8:53 pm

Absences for PBS dependant visa periods issued before 11 Jan 2018 do NOT count
You must count ONLY full days of absence from the UK for a visa period issued AFTER 11 Jan 2018.

See: uk-tier-1-general-dependent-visas/ilr-t ... l#p1571196

Thank you Zimba, much appreciated. However, what about the below:

“319E (d) The applicant and the Relevant Points Based System Migrant or Appendix W Worker must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least a continuous period of 5 years”

If my husband did not start living in the UK until Oct 2017 then how can we show that we have been living together for a continuous period of 5 years?

The 5 years requirement excludes periods of allowable absence otherwise then you can not have ANY absences. The same paragraph under 319E(d)(d) allows absences. Note that the immigration rules must be read as a whole not as per paragraph. The qualifying period is calculated from the visa issue date.

Thank you Zimba! I forgot how confusing the immigration rules were

Hi all. My husband is in the process of filling out his Set (O) application. He has a Masters degree from the US and selected that he will be providing his degree certificate when asked for proving English proficiency.
However at the end under the list of “Other” documents they have listed (If you do not provide these documents, your application may be delayed or refused):
- Ecctis letter that confirms the qualification meets or exceeds the recognised standard of a Bachelors or Masters degree or PhD in the UK
- The degree certificate for Mr XXX to prove the level of English language required

I’m confused whether both of these are required or we can just submit the US degree certificate, as there are check boxes before these?

The checklist is correct.

https://www.gov.uk/english-language/degrees-in-english

If your degree is not from a UK university you’ll need:

a copy of your degree certificate
an Academic Qualification Level Statement (AQUALS) from Ecctis (formerly UK NARIC) confirming the degree is equivalent to a UK qualification.

If your degree is not from a UK university you’ll need:

•a copy of your degree certificate
•an Academic Qualification Level Statement (AQUALS) from Ecctis (formerly UK NARIC) confirming the degree is equivalent to a UK qualification.

If your degree is from a non-majority English-speaking country you’ll also need an English Language Proficiency Statement (ELPS) from Ecctis confirming the degree was taught in English.

https://www.gov.uk/english-language/degrees-in-english

So you need AQUALS but you do NOT need the ELPS as the degree is from a majority English speaking country

Hello All,

As per https://www.gov.uk/government/publicati ... ly-members it says that if a degree is completed in the USA it is assumed to be an appropriate CEFR level. Does this mean I would still need an ECCTIS letter ?? I am applying for ILR as a Dependent. My latest degree is from USA.

Jaideep

jaideepnaidu.12 wrote: ↑

Mon Jul 11, 2022 7:23 pm

Hello All,

As per https://www.gov.uk/government/publicati ... ly-members it says that if a degree is completed in the USA it is assumed to be an appropriate CEFR level. Does this mean I would still need an ECCTIS letter ?? I am applying for ILR as a Dependent. My latest degree is from USA.

Jaideep

Yes. As you were told before, this is why you need AQUALS but you do NOT need the ELPS

Thanks. So, when i am checking on ECCTIS or ENIC, they dont have anything called AQUALS. Would you know if this is the "Statement of Comparability" and not the "Visas and Nationality (English proficiency)" ?

Visas and Nationality service (English proficiency)
For this service, we can only assess qualifications that

are considered comparable to a Bachelor, Master’s or PhD degree in the UK and
were taught solely in English.
We compare your university (Higher Education) degree(s) to the standard of Bachelor, Master’s or PhD in the UK. This is the Academic Qualification Level Statement (AQUALS).

And, if your degree was not studied in a majority English-speaking country, we also confirm the level of your English language proficiency based on your qualification and according to the Common European Framework of Reference for Languages (CEFR). This is the English Language Proficiency Statement (ELPS).

https://www.ecctis.com/visasandnationality