ILR under Tier 1 exceptional talent (3 years)

tier2g wrote: ↑

Wed Jul 08, 2020 9:29 pm

Could you please advise for the below query. If I can apply for my wife's ILR?

My wife was on Tier2 ICT PBS Dependent since 2012 visa till 2017 (visa end date 4th August 2017).
She Left the UK on 8th July and applied to switch Tier1 PBS dependent visa from India on 1st August got BRP vignette (8sep2017 - 8oct 2017) but unfortunately, my wife had an accident and didn't' travel so, renewed 30 days vignette on 21st October 2017 and got a visa from 8th Nov17 and entered to the UK on 5th December.
Can she apply for ILR as she has completed 5 years dependent visa and also absence was 5 months ( less than 6 months)?

She did not switch. She simply renewed her visa outside the UK. ALL PBS dependant visas are all the same. She has no absence limit as her visa was issued before 11 Jan 2018

Thanks,could you please confirm if my wife can apply for ILR now also I have just submitted my application. I think she needs Naric certificate and Life in UK test.

tier2g wrote: ↑

Thu Jul 09, 2020 9:21 am

Thanks,could you please confirm if my wife can apply for ILR now also I have just submitted my application. I think she needs Naric certificate and Life in UK test.

She can as long as she has 5 years. She needs to prove her English language and have LIUK pass certificate

CR001 wrote: ↑

Mon Jun 01, 2020 7:16 pm

Then do the English B1 test.

You need naric English and comparable assessment, ie UKVI NARIC red route, which costs the same as the English test, £150.

I have gone through the recent document published in March 2020 which clearly says there is no requirement of english language assessment for Tier 1 exceptional talent category as per document: See page no 22 of 25
https://assets.publishing.service.gov.u ... 7.0ext.pdf Please let me know if this is correct as this saves lot of time and efforts & money for the degree holders outside UK studied in English Medium. I hope this helps for all the future candidates who are applying for NARIC website

1. His wife is under PBS dependant route (NOT Tier 1ET route) and needs to prove her English language ability at min B1 level to get ILR.

2. It is correct that you do not need to prove your English when you apply for a Tier 1ET visa. However, proving English language ability is mandatory for all when they apply for settlement regardless of the route they are on.

Tier 1ET guide is clear on this.

Do I have to demonstrate a
minimum level of English to
apply for settlement?

You will need to demonstrate your level of English to qualify
for settlement.

https://assets.publishing.service.gov.u ... idance.pdf

Thank you so much your advise on the English language requirements. I will get that done now.

Zimba wrote: ↑

Thu Jul 09, 2020 11:51 am

tier2g wrote: ↑

Thu Jul 09, 2020 9:21 am

Thanks,could you please confirm if my wife can apply for ILR now also I have just submitted my application. I think she needs Naric certificate and Life in UK test.

She can as long as she has 5 years. She needs to prove her English language and have LIUK pass certificate

I have discussed with my friend regarding my wife ILR and he mentioned the problem with my wife application for ILR is not her absence from the UK rather the continuity of leave to remain as a dependant. To qualify for ILR as a dependant, the rules require that she must have had continuous leave as a dependant for 5 years. Clearly she held no leave to remain as a dependant from 5 August 2017 until 7 September 2017. This visa gap is likely to become main reason for refusal of her ILR application.

Is this correct and she can't apply for ILR? Please advise, really confused.

Thanks

Your friend has assumptions regarding the continuous residence that contradict the definition under the immigration rules.
Under the PBS rules, continuous residence is maintained as long as you apply for a new visa within 14 days of visa expiry and then you are granted a new visa. Her residence as per rules was maintained as she applied in-time for a new entry clearance outside the UK and returned to the UK with the same visa type. The fact she did not have a valid visa in that period is irrelevant

Zimba wrote: ↑

Thu Jul 30, 2020 7:46 pm

Your friend has assumptions regarding the continuous residence that contradict the definition under the immigration rules.
Under the PBS rules, continuous residence is maintained as long as you apply for a new visa within 14 days of visa expiry and then you are granted a new visa. Her residence as per rules was maintained as she applied in-time for a new entry clearance outside the UK and returned to the UK with the same visa type. The fact she did not have a valid visa in that period is irrelevant

Thank you very much.

Thanks for your help. My ILR application was successful.
I would like to check if I can apply for British Citizenship for my kids?
My kids born in UK one is 2013 and other in 2017.
Please advise if I can apply for British Citizenship for my kids or do I need to wait till I get British passport ? also, I haven't applied for my wife ILR and kids absences similar to my wife mentioned previously below.

"My wife was on Tier2 ICT PBS Dependent since 2012 visa till 2017 (visa end date 4th August 2017).
She Left the UK on 8th July and applied to switch Tier1 PBS dependent visa from India on 1st August got BRP vignette (8sep2017 - 8oct 2017) but unfortunately, my wife had an accident and didn't' travel so, renewed 30 days vignette on 21st October 2017 and got a visa from 8th Nov17 and entered to the UK on 5th December."

Thank you for all your help.

I would like to check if I can apply for British Citizenship for my kids?
My kids born in UK one is 2013 and other in 2017.
Please advise if I can apply for British Citizenship for my kids or do I need to wait till I get British passport ? also, I haven't applied for my wife ILR and kids absences similar to my wife mentioned previously below.

Please ask British citizenship questions in the specific sub forum for this. These questions are not relevant to the ilr sub forum or topic.

https://www.immigrationboards.com/british-citizenship/

I would like to apply ILR for my wife. Below set(M) is the correct form to apply ? also could you please provide the link for the guidance of financial requirements.

https://www.gov.uk/government/publicati ... -form-setm

Thanks

Which visa your wife has? Is she on the PBS route? If you got your ILR via the PBS route and she is on the PBS route, SET(M) is not the correct form.
She will apply on SET(O) when she is eligible.

https://www.gov.uk/government/publicati ... -form-seto

Currently she is on PBS DEPENDANT LEAVE TO ENTER (Tier1 Dependent) so, I will use SET(O) form.
Thank you for your help.

tier2g wrote: ↑

Sat Dec 12, 2020 11:41 am

Currently she is on PBS DEPENDANT LEAVE TO ENTER (Tier1 Dependent) so, I will use SET(O) form.
Thank you for your help.

Yes

Could you please advise for the below query on the SET O application form ILR?
Does the period of stay on which this application was based include any leave granted since 11 January 2018?
My wife was on Tier2 PBS Dependant from 26th July 2012 till 4th Aug 2017 then Tier1 PBS Dependant from 08-Nov-2017 till 7th July 2022.
Absences:
8th July 17-5th Dec 17
24th July 19-28th Aug 19

Answer: No

No absence limits in this case.

Thanks, Could you please advise for below.
Is the account with a bank or utility company for which you have supplied information and supporting documentation held jointly by you and other people?

I think the above is yes as utility bills have my name included.

Does the account with the bank or utility company for which you have supplied information and supporting documentation relate to another person who is to provide you financial support?

I think yes in case if they need any financial information from me (main applicant)

Correct.

Second will be yes if you are financially dependent on spouse also.

Hi @tier2g, I have a similar case for my wife and son. My wife was on Tier2 ICT PBS Dependent since 2012 visa till 2017 (visa end date 6th Sep 2017). ( total 5 years)

We Left the UK on 04th Sep and applied to switch Tier1 ET and PBS dependent visa( for my wife and kid) (all together) from India. ( absence 5 months only)

We all got BRP vignette (Dec - 2017 - Jan 2018)
We all arrived to UK on Jan 2017- as per our BRP date. No issues there.

I’m due to apply for ILR via ET 3 year route.

I see that you are now applying for wife's ILR, guidance, I need is that can I apply for my wife and Son’s ILR with me as dependents on this route as they have been with me as dependents for more than 5 years ( 5 years in ICT and 3 years in ET)?

Because gov.Uk website states the following-

Eligibility for partners
Your partner may qualify if all of the following apply:

they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012

Please guide.

I think once you got ILR, you can apply for citizenship for your kids and ILR for your wife.
Please get confirmation from gurus by posting your question on the ILR forum.

Hi @tier2g - Can you please let us know what happened to your Wife's ILR?
Did you apply and what was the process please?
Your help and guidance is much needed.