can main applicant and dependants apply together but pay separately? applying online non-premium service

ESOL can be found on the gov.uk list of approved SELTs now with effective date 3 April 2020. A few more options also appear with 2020 effective dates. Does it mean my partner (who has no previous tests history) can use an ESOL test to settle now? Is it easier than Trinity GESE Grade 5 or IELTS Life Skills? Thanks.

basht wrote: ↑

Mon Jun 15, 2020 11:25 pm

ESOL can be found on the gov.uk list of approved SELTs now with effective date 3 April 2020. A few more options also appear with 2020 effective dates. Does it mean my partner (who has no previous tests history) can use an ESOL test to settle now? Is it easier than Trinity GESE Grade 5 or IELTS Life Skills? Thanks.

Only the LanguageCert International ESOL SELT is accepted, effective 3 April 2020. Your partner needs LanguageCert International ESOL SELT B1 for ILR. I am not sure which one is easier but B1 requires relatively low English competency anyway

I have an IELTS Academic English language certificate from 2015, and it has a UKVI number on it. This certificate was used for my Tier 2 application. It says I have grades 7.0, 8.5, 6.5, 6.5, which give overall 7.0, the certificate says CEFR level is C1.

The current Approved Secure English Language Tests https://assets.publishing.service.gov.u ... 5.2020.pdf document has a line for "C1", "IELTS for UKVI", and says each part should be 7.0+.

Is my test eligible for ILR? I'm not sure if it is an "IELTS for UKVI", and also whether it's okay for it to be a C1 while some of the marks are lower than 7.0 (though each higher than 4.0, which is the threshold for the B1 required).

Anything above B1 is accepted. Also:

Applying to settle in the UK
You can use a B1 level qualification that’s run out if both of the following are true:

it’s on the current list of recognised tests
it was accepted for another UK immigration application, for example when you got permission to enter

https://www.gov.uk/english-language/app ... ifications

Thank you. Is my academic an "IELTS for UKVI"? Or is it different?

> it’s on the current list of recognised tests

That's something I'm not sure I can find out easily. Is IELTS Academic a special case of IELTS for UKVI, or are they unrelated? IELTS for UKVI is on the list, while IELTS Academic is not.

basht wrote: ↑

Sun Jun 28, 2020 11:45 pm

> it’s on the current list of recognised tests

That's something I'm not sure I can find out easily. Is IELTS Academic a special case of IELTS for UKVI, or are they unrelated? IELTS for UKVI is on the list, while IELTS Academic is not.

Does not matter. As long as the test centre is still on the list

https://www.gov.uk/government/publicati ... uage-tests

When applying for an ILR online, can the main applicant (currently Tier 2, 5-year route) and their two dependants (Tier 2 dependants currently, 5-year route too) apply at the same time but pay separately? The thing we may not have the triple amount available in the same account or bank card. We are applying for non-premium service.

Suggest make two separate applications then.

When applying separately, is it safe to apply at the same date in this case? Or do we have to wait until main applicant is granted an ILR in this case?

basht wrote: ↑

Wed Jul 08, 2020 8:06 pm

When applying for an ILR online, can the main applicant (currently Tier 2, 5-year route) and their two dependants (Tier 2 dependants currently, 5-year route too) apply at the same time but pay separately? The thing we may not have the triple amount available in the same account or bank card. We are applying for non-premium service.

Can you not move the funds into one account in readiness to make the one cumulative payment? It would surely be easier and more practical to combine the applications into one. You would also have less documents to upload, as against making three separate applications.

Can you not move the funds into one account in readiness to make the one cumulative payment?

That'd be tricky, as at least one of them is a credit card. I'll figure out if I can overpay it first and then spend more than the credit limit.

One more question. I heard that up to 30 working days of absence per annum don't require mentioning them in the employer letter.

Is this per calendar year?
Can I use this workaround for some years but not for others?
E.g. the letter would say I had some paid+unpaid (<4week) in 2020 with dates, same for 2018, and say nothing for 2015, 2016, 2017 and 2019 about my leave?

The reason I'm asking is in some years I have a few days of working from abroad but now HRs don't want to mention it in the letter because -- oh dear -- they think it may have made some tax or payroll implications!

And a second one, regarding partial days away. I know they are not counted towards 180 days, are they still checked to be consistent with employment? I've had a few days like departing 3am and returning e.g. midday next day, one of them being a work day.

basht wrote: ↑

Wed Jul 15, 2020 12:30 pm

One more question. I heard that up to 30 working days of absence per annum don't require mentioning them in the employer letter.

Is this per calendar year?
Can I use this workaround for some years but not for others?
E.g. the letter would say I had some paid+unpaid (<4week) in 2020 with dates, same for 2018, and say nothing for 2015, 2016, 2017 and 2019 about my leave?

The reason I'm asking is in some years I have a few days of working from abroad but now HRs don't want to mention it in the letter because -- oh dear -- they think it may have made some tax or payroll implications!

What you did on your days of absences does not need to be mentioned and it does not matter. The letter must simply provide the details of all absences from work and employer should simply say that they were approved by them. This is not about what you perceive what should be on the letter

basht wrote: ↑

Wed Jul 15, 2020 2:51 pm

And a second one, regarding partial days away. I know they are not counted towards 180 days, are they still checked to be consistent with employment? I've had a few days like departing 3am and returning e.g. midday next day, one of them being a work day.

Partial days are totally irrelevant. Again it is not about what you perceive about the process

Let me explain.
It wasn't my absence from work but was my absence from the country -- that's the thing.
In other words, I was allowed to work remote from abroad -- although was not asked to.
According to this answer from Home Office, I need a confirmation about this from my employer, but they are not helpful here.
Is my understanding here correct?

The ways I thought of solving this problem were
a) Cover certain years with 30-days rule. However I cannot cover all years this ways.
b) Appeal to the fact it was mostly partial days. Actually there was only one full day when I was denied onboard to a flight coming to the UK due to overbooking and I have a reference from the airline company about it.

Which way would you suggest to do that? b?

basht wrote: ↑

Thu Jul 16, 2020 1:57 pm

Let me explain.
It wasn't my absence from work but was my absence from the country -- that's the thing.
In other words, I was allowed to work remote from abroad -- although was not asked to.
According to this answer from Home Office, I need a confirmation about this from my employer, but they are not helpful here.
Is my understanding here correct?

The ways I thought of solving this problem were
a) Cover certain years with 30-days rule. However I cannot cover all years this ways.
b) Appeal to the fact it was mostly partial days. Actually there was only one full day when I was denied onboard to a flight coming to the UK due to overbooking and I have a reference from the airline company about it.

Which way would you suggest to do that? b?

I repeat again that you are making your own assumptions here. As long as your employer provides that the absences were approved, you should be fine. What you did is not relevant and UKVI does not ask for that.

I repeat again that you are making your own assumptions here.

Please tell me which one is incorrect or unreasonable? I genuinely don't understand what you are talking about.

As long as your employer provides that the absences were approved, you should be fine.

What do you mean by absences here? Absences from work or from the UK?

Absences, all absences, are the only relevant thing here.

You are overthinking this. You simply need a letter stating your absences (all of them) and that they were approved. There is NO requirement to state what your absence was for as there is no distinction between work absence and holiday absence. ALL absence counts towards the absence limit.

All absences from work must be treated the same in the employer letter. It is unreasonable for an employer to be expected to confirm what you did during an absence period or whether you left the UK or not (except in case of a business trip). How the hell do they suppose to know and confirm ??!
They will not confirm what you did during an absence period for this obvious reason and UKVI does not expect them to specify anything about this. The advice given here to hundreds of other applicants remains the same, get an employer letter that simply says ALL your absences from work were authorised by your employer. Nothing else is required

Absences, all absences, are the only relevant thing here.

I would appreciate if you could specify what do you mean by "absence". Does the word absence here mean absence from the country? Absence from work office? Being off work?

So, I'm on Tier 2 and there were days when I was physically outside the country, and my employer is not willing to mention them in the letter anyhow -- these were just work days. That's something that does not match with the following part of Indefinite leave to remain: calculating continuous period in UK:

Absences linked to reason for being in the UK – evidential requirements

For all other categories, absences must be consistent with, or connected to, the applicant’s sponsored or permitted employment or the permitted economic activity being carried out in the UK-for example, business trips or short secondments. ... Evidence in the form of a letter from the employer which sets out the reasons for the absences, including annual leave, must be provided. Where short visits outside the UK, on weekends or other non-working days have taken place, evidence from the employer should be provided to confirm the applicant’s normal working pattern and show the absences occurred during a non-working period.

Is it not I should justify each and every absence from the UK by either having time off work or having a work-related or at least an employer-approved trip?

You are overthinking this.

I repeat again that you are making your own assumptions here

Again it is not about what you perceive about the process

I understand I'm probably getting something wrong. However, these phrases don't help me understand what exactly. I would appreciate if you could stop repeating this, as, despite your effort to help, they are just offensive but not helpful at all. Thank you.

The absence rule and letter is required for absence OUTSIDE the UK.

Thanks Char. Do you think my concerns regarding the days I worked remotely from overseas are valid?

Hi, thanks for your help. A few more questions if you don't mind:

1) Regarding the letter from the employer. Is it okay if the necessary info (absence dates, SOC code, "foreseeable future" clause and wage) is split between two letters? Both are official and come on a headed paper. It's just HR Team being particularly unhelpful, so I need to get some of the info from my line manager.

2) If the main Tier 2 holder applies for ILR using the 5-year route and gets it, his Tier 2 dependants' visas remain valid and once he gets his ILR they can apply for 5-year-routes ILR separately without switching to settled person dependant visas first. Is my understanding correct? Will dependants' visas remain valid even if the main applicant parts ways with his Tier 2 sponsor after he gets his ILR?

in particular, do you think it would be acceptable if holidays and other work-related absences were in two separate letters?