ILR for wife - 5 yrs route - new or exisitng service

[n8net]

ok..thanks..thought so, but got confused when the online process asked for how I settled, but to get to SET(M) form, I had to select ' I settled by other way' when in fact I settled via work visa.

anyway, while filling the application...it asks if she had used the english language before (she has done for FLR - M) , but the wording is confusing me..it is asking if she used for ILR before (pls see attached)

is the answer Yes/No ?

[zimba]

ok..thanks..thought so, but got confused when the online process asked for how I settled, but to get to SET(M) form, I had to select ' I settled by other way' when in fact I settled via work visa.

anyway, while filling the application...it asks if she had used the english language before (she has done for FLR - M) , but the wording is confusing me..it is asking if she used for ILR before (pls see attached)

is the answer Yes/No ?

https://www.immigrationboards.com/indef ... 93361.html

[n8net]

thanks Zimba.

they charge £2.5k for this application and can't correct this simple mistake..-

anyway, any input on being able to use the same English qualification as above which used for the FLR(M) previously?

the thing is this form does not allow to enter 'more details' to provide cover letters as well

[zimba]

thanks Zimba.

they charge £2.5k for this application and can't correct this simple mistake..-

anyway, any input on being able to use the same English qualification as above which used for the FLR(M) previously?

the thing is this form does not allow to enter 'more details' to provide cover letters as well

Cover letter is part of your documents not part of the form.

[n8net]

thanks Zimba, I will see if there will be an option at the end of the application.

any update on the english language test done 3 yrs ago as above and the possibility of using it again pls ?

[zimba]

thanks Zimba, I will see if there will be an option at the end of the application.

any update on the english language test done 3 yrs ago as above and the possibility of using it again pls ?

There is no need for an option. Again, your application will be based on the documents provided not simply answers on the form

[n8net]

Hi guys,

I am really struggling to find the answer for this on Gov webiste, anyone confirm the below or point me towards a gov link that gives the answer pls?

re English, as part of previous FLR(M), she has done Grade 3 (Graded Examination in spoken English) Entry Level certificate in ESOL int'l (spking and listening) (Entry 2) with Merit (awarded by Trinity London), so I think that is ok as well. can somebody confirm pls ?
{quote]

[zimba]

Old ESOL is NOT accepted. There is an FAQ topic on English language on top of the forum

[n8net]

thanks Zimba,

the ESOL, I mentioned above is how it was worded in the cert. and it is not the 'old ESOL' taken at a random place.

I hv already reviewed the FAQ and online and still unclear. here is why.

a) my wife took the exam in an approved center after the SELT rules came into force for FLR(M) in 2017 and it was accepted then and it seems it still is going by this (https://assets.publishing.service.gov. ... .2020.pdf)

b) But, I am not sure what was the level required then, but for ILR it seems like she needs B1 or above on CEFR, but the test taken was A2.1 as shown in her certificate.

But, I also note that in 2.2(b)https://www.gov.uk/guidance/immigration ... endix-koll, it says if it had been used before, it is accepted despite the pdf above says tests are valid for 2 yrs only.

your FAQ also makes no mention of it as it only lists the exception/anomaly for a non-SELT test and my wife, as given above took a SELT one.

hope you understand my confusion so appreciate some clarification as if a new test is needed again, I need to book one asap as her visa runs out soon.

Thanks

[CR001]

Spouse visa extension was A2 required

Ilr is mandatory to have B1 otherwise you risk refusal or being put on the 10 year FLR fp (4 X 2.5 year visas) route.

[n8net]

thanks cr001.

so it is the 'level' that is the issue here, is it? not the fact that the same SELT test that was used for an application before can be used.

I always thought A2 trumps B1, but do we have an example of previous cases for ILR to be declined just because of this.

just worried with her current visa running out soon, whether I will be able to get a test booked. so need to make a 'calculative' decision.

[CR001]

so it is the 'level' that is the issue here, is it? not the fact that the same SELT test that was used for an application before can be used.

Correct. She must have the correct LEVEL test for ILR.

I always thought A2 trumps B1, but do we have an example of previous cases for ILR to be declined just because of this.

The A level tests are the basics, B is higher and C is higher. Your thinking is the wrong way round. Yes, many have been refused ILR for failing to meet the B1 English requirement, which is mandatory and clearly stated in the Immigration Rules and guidance notes. If ILR is refused, FLR(FP) 10 year partner route is usually offered, this would change her route to ILR from the current 5 year route. FLR(F) doesn't have an English or financial requirement.

just worried with her current visa running out soon, whether I will be able to get a test booked. so need to make a 'calculative' decision.

Best to start looking to get an appointment slot as soon as possible. If she has a foreign degree, she can also do the UKVI Red Route NARIC English and comparable assessment.

[n8net]

No, she does not have a degree, hence SELT is the only way.

looks like no test slots before her visa expires on 15th July.

is late applications allowed/advised (think there is a blanket extension due to virus, not sure if it applies to my wife).

or can I make the application and send test details later?

pls advice what is the best option by your exp and similar cases before

[CR001]

or can I make the application and send test details later?

Apply before visa expires and upload the evidence/test before biometric appointment.

[n8net]

cheers, I will try to book a test before visa expiry, as it asks for that UER online number which I don't think I will get a chance to amend later.

regarding the exam, it can't be taken multiple times at two consecutive days ? just in case f she fails and no need to wait 7 days as with Life in the UK test?

I am sure she will pass, B1, given she passed A2..bit is there any specific thread on the format and experience of the exam itself.

Thanks

[CR001]

cheers, I will try to book a test before visa expiry, as it asks for that UER online number which I don't think I will get a chance to amend later.

Leave it blank. No one will be penalised for sitting the test after they applied.

regarding the exam, it can't be taken multiple times at two consecutive days ? just in case f she fails and no need to wait 7 days as with Life in the UK test?

No idea. I have never had to do the English test.

[n8net]

another reason, i am keen her to do the test before applying is that, he ID is the Biometirc which expires on the 15th July...

she does not hv valid passport as her home country one expired an year ago and was not renewed due to we wanted to get British passport instead.

I see there are many tests that satisfy the B1 with different criteria, to find out what is cheaper/ easier and quicker in terms of getting results, can I open a new topic in the same forum of ILR or should continue here?

[CR001]

another reason, i am keen her to do the test before applying is that, he ID is the Biometirc which expires on the 15th July...

she does not hv valid passport as her home country one expired an year ago and was not renewed due to we wanted to get British passport instead.

I see there are many tests that satisfy the B1 with different criteria, to find out what is cheaper/ easier and quicker in terms of getting results, can I open a new topic in the same forum of ILR or should continue here?

Please keep all ILR related questions in ONE topic. You should be very aware of the forum rules by now.

She needs to do a test that is on the current HO approved Test provider list.

https://www.immigrationboards.com/indef ... 93792.html

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

You should have renewed her passport before it expired. She needs a valid passport to apply for ILR.

[n8net]

thanks for the links, I am aware of them anyway.

what i am after is this,

out of the all links mentioned in the PDF, for B1, which is the easiest going by the experience of others who may have taken it. also cheaper and quicker in terms of getting the result. As I can see all have standard £150 fee and 7 days for results, but different criteria for pass.

btw, why is it important to have a passport ? is it mentioned in the immigration rules.? if so, could you kindly provide the link? I thought a valid BioMetric is enough to prove identification.

surely, HO will not reject just because Home country passport expired? as they know about this passport for so long...but I wanted to get the application correct first time to avoid losing the £.2.5k fee.

if there is anything I can could do to mitigate, let me know pls.

[CR001]

You need a valid passport for all visa/ILR applications you make to UKVI. All the guidance notes state this and the document checklist at the end of the online form will also state this.

See also Immigration Rule 34(5)(b). A BRP cad is NOT sufficient as the BRP card is only a visa issued by UKVI and not proof of identity and nationality from the country of which she is a citizen. It makes absolutely not a single bit of difference if HO 'know about the passport for so long'.

https://www.gov.uk/guidance/immigration ... -in-the-uk

[n8net]

ok, I would be livid if HO denied application just on the basis of this as 'they know' who the applicant is.( I even have previous reference numbers)

Do you know any cases where it had been denied just because of expired passport?

anyway, with Visa expiring in a week's time, there seems no option for my wife, but to apply as no time to renew a passport.

if there is any other way this can be approached, pls let me know

[n8net]

any update guys?

[zimba]

She is expected to have a valid passport. You simply did not renew her passport because you may get a British passport in the future ?!?! What kind of flawed thinking is that ?

[n8net]

hello Zimba,

We simply did not have a need to renew passport also renewing passport from the UK is not straightforward.

also, there was an issue with the name that is supposed to appear in the passport.

and we thought it is not needed as her case is fairly straightforward so she might well as get a British one.

What I did not know was having a valid passport is mandatory for ILR. because when I applied the application forms do not require the applicant to have a valid passport.

when did this change pls? and where can I see it is situated in the immigration rules and if ppl had been rejected on the basis of expired passport only, can you provide links and how I can mitigate against this pls.

This is what I urgently require now.

[CR001]

You need a valid passport for all visa/ILR applications you make to UKVI. All the guidance notes state this and the document checklist at the end of the online form will also state this.

See also Immigration Rule 34(5)(b). A BRP cad is NOT sufficient as the BRP card is only a visa issued by UKVI and not proof of identity and nationality from the country of which she is a citizen. It makes absolutely not a single bit of difference if HO 'know about the passport for so long'.

https://www.gov.uk/guidance/immigration ... -in-the-uk

I have already linked the immigrations rules.

It is not a new requirement either. For all immigration applications , unless a refugee or asylum seeker, you need a valid passport.