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Tier1 General Dependent -ILR - English Language and Life in UK test ( Please help)

Posted: Thu Jan 18, 2018 1:24 pm
by neels111
Hi,

I am applying for my wife's ILR soon and need help on English language requirement.

I as main applicant already got ILR in Oct 2016 but my wife ILR application was refused at that time because of 5 year requirement.

Do we need to provide any new documentation for English Language requirement ? , She got her Entry clearance and subsequent two Tier(Gen) visa extension based on her qualification listed on UKBA point based calculator ( PG degree taught in India ) . Do we need to provide any new documentation for English Language ? as rules have changed recently and there is no clarity on this , need this clarification.

During her last ILR application in Oct 2016, she passed the Life in UK test exam , hopefully that certificate is still valid ? or she need to clear same exam again ?

Request members to help if you can , given application fees is so high, can't take the risk of losing money again.


Thanks in advance.

Re: Tier1 General Dependent -ILR - English Language and Life in UK test ( Please help)

Posted: Thu Jan 18, 2018 1:30 pm
by CR001
Do we need to provide any new documentation for English Language requirement ? , She got her Entry clearance and subsequent two Tier(Gen) visa extension based on her qualification listed on UKBA point based calculator ( PG degree taught in India ) . Do we need to provide any new documentation for English Language ? as rules have changed recently and there is no clarity on this , need this clarification.
She needs UK NARIC if using a foreign degree. Tier 1 General Dependent applicants did not need to meet the English requirement, so there was no requirement for it in those applications.
During her last ILR application in Oct 2016, she passed the Life in UK test exam , hopefully that certificate is still valid ? or she need to clear same exam again ?
LIUK does not expire.

Re: Tier1 General Dependent -ILR - English Language and Life in UK test ( Please help)

Posted: Thu Jan 18, 2018 1:47 pm
by neels111
CR001 wrote:
Thu Jan 18, 2018 1:30 pm
Do we need to provide any new documentation for English Language requirement ? , She got her Entry clearance and subsequent two Tier(Gen) visa extension based on her qualification listed on UKBA point based calculator ( PG degree taught in India ) . Do we need to provide any new documentation for English Language ? as rules have changed recently and there is no clarity on this , need this clarification.
She needs UK NARIC if using a foreign degree. Tier 1 General Dependent applicants did not need to meet the English requirement, so there was no requirement for it in those applications.

Thanks a lot for your reply, appreciate your quick help. She has acquired MBA in India so foreign degree but she is applying as my Dependent under Tier1 General PBS. SET(O) form does ask for "Knowledge of language and life in the UK under Section 4 - ( on page 15) " , are you sure dependent need not require any English language ? because i always attached her degree qualification during all her Tier1 General Dependent visa extension ? if that is case i am relieved :) , is there any link which point to this and suggest same ?
( apologies for asking too much )
During her last ILR application in Oct 2016, she passed the Life in UK test exam , hopefully that certificate is still valid ? or she need to clear same exam again ?
LIUK does not expire.

Re: Tier1 General Dependent -ILR - English Language and Life in UK test ( Please help)

Posted: Thu Jan 18, 2018 1:54 pm
by neels111
Hi CR,

When i checked the following link, this seem to suggest that English language requirement is must :(

https://www.gov.uk/guidance/immigration ... ly-members

319E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant an applicant must meet the requirements listed below.


(g) The applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.

Re: Tier1 General Dependent -ILR - English Language and Life in UK test ( Please help)

Posted: Thu Jan 18, 2018 2:03 pm
by CR001
You have not read what I wrote carefully. I said the PBS Dependents were not and are still not required to evidence meeting the English requirement, so submitting evidence in the past is irrelevant.

She must submit NARIC or B1 or UK degree to meet the English requirement for ILR.

Re: Tier1 General Dependent -ILR - English Language and Life in UK test ( Please help)

Posted: Thu Jan 18, 2018 2:11 pm
by neels111
Sorry i misread, Thanks for replying and clarification :)

Re: Tier1 General Dependent -ILR - English Language and Life in UK test ( Please help)

Posted: Thu Jan 18, 2018 2:43 pm
by E44302
Hi neels111, out of curiosity, why was your wife not able to get her ILR in the 2016? Did she not complete the 5 years during the time of application?

Re: Tier1 General Dependent -ILR - English Language and Life in UK test ( Please help)

Posted: Thu Jan 18, 2018 2:47 pm
by CR001
E44302 wrote:
Thu Jan 18, 2018 2:43 pm
Hi neels111, out of curiosity, why was your wife not able to get her ILR in the 2016? Did she not complete the 5 years during the time of application?
The user has clearly stated that in his first post.
neels111 wrote:
Thu Jan 18, 2018 1:24 pm
I as main applicant already got ILR in Oct 2016 but my wife ILR application was refused at that time because of 5 year requirement.
For history, read the users previous topic on his misinterpretation of the rules at that time.

indefinite-leave-to-remain/status-of-ti ... l#p1397227

Clarification on Continuous 5 years period ( pls advise)

Posted: Thu Mar 01, 2018 2:28 pm
by neels111
Hi All,

I am about to make an ILR application for my Tier1 (G) dependent wife and looking for advise on 5 years requirement. I main applicant already got my ILR in Oct 2016.

She came to UK on 29 March 2013, therefore she will complete 5 years on 29 March 2018 , I can apply for her ILR any day after 1 March 2018 ( 28 days before 5 year period) ? is that understanding is correct ?

She has following absents from UK ( travel to India) in Last 5 years .

In Year 2014 - Absent from UK for 33 days
In Year 2015 - Absent from UK for 66 days
In Year 2016 - Absent from UK for 37 days
In Year 2017 - Absent from UK for 32 days
In Year 2018 - Absent from UK for 38 days
-----------------

Total absents from UK in last 5 years are 206 days , please can someone confirm such absents are fine and don't impact her change of getting ILR ?
As i already refused her ILR once and lost significant amount of money, I'll grateful if experts in this forum can review the above detail and advise me.


Thanks
Neel

Re: Clarification on Continuous 5 years period ( pls advise)

Posted: Thu Mar 01, 2018 3:19 pm
by lanrezy
She came to UK on 29 March 2013, therefore she will complete 5 years on 29 March 2018 , I can apply for her ILR any day after 1 March 2018 ( 28 days before 5 year period) ? is that understanding is correct ?
Correct
She has following absents from UK ( travel to India) in Last 5 years .

In Year 2014 - Absent from UK for 33 days
In Year 2015 - Absent from UK for 66 days
In Year 2016 - Absent from UK for 37 days
In Year 2017 - Absent from UK for 32 days
In Year 2018 - Absent from UK for 38 days
-----------------

Total absents from UK in last 5 years are 206 days , please can someone confirm such absents are fine and don't impact her change of getting ILR ?
She will be fine. The absences will not impact her ILR.
No absences are being considered for PBS dependant unless they are granted leave after January 11,2018.

Re: Clarification on Continuous 5 years period ( pls advise)

Posted: Thu Mar 01, 2018 6:10 pm
by neels111
Thanks for quick response, appreciate your help :D

Documents Req. for ILR application PBS Tier1-General DEPENDENT

Posted: Wed Mar 07, 2018 2:48 pm
by neels111
DA,

I am going to make ILR application ( after previous failed attempt) of my wife under PBS Tier 1 General dependent category as i already got ILR as main applicant in Oct 16 and seeking advice on documents required to make successful application this time.

I'll be thankful if experts or those who gone through similar situation to kindly review below list, , as fees is quite high, therefore can't take change for another rejection.

I am making postal application and my wife first Entry to UK was on 29 March 2013.

I plan to supply following documents from my wife side.

1- SET(O) form for (dependent wife )
2- Original Passport and current BRP card (dependent wife )
3- 2 Photographs as per UKBA guidelines (dependent wife )
4- Life in UK Test Certificate (dependent wife )
5- NARIC certificate for English Language requirement (dependent wife )
6- Original Letter from University that Course was taught in English (dependent wife )
7- Marriage Certificate
8- Few letters jointly address to both of us as a proof of cohabitation .

Documents from Husband ( Main applicant ) side

1- 4 Months bank statements for maintenance funds
2 - 4 months salary slip just to prove i m currently working
3 - Copy of passport ( all pages) + BRP Card

Looking forward for valuable advice , thanks in advance.

Regards
N