ILR Set(M) application - Confusion with English Language - Please help!

[rsharma6]

I am trying fill up Indefinite Leave to Remain Set(M) online form for my wife as she is now eligible for ILR. She has been here for 5 years already on the partner visa of a British Citizen i.e me. We are ready to submit but for a confusion in the "English Language" section. She has a degree from UK university and that was the proof we provided in the first leave to remain and previous extension applications. It was quite straightforward.

This time though, the questions are a bit confusing:

Your previous visa
Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English? Yes or No.
If I say Yes, the next question is "Tell us the previous visa, entry clearance or leave to remain you had". I answer "Leave to Enter - PARTNER (Family Visa)"

Then the next question is

English language test
Have you passed an approved English language test? Yes or No. This is obviously "No" as no test required.

Exemption from the English language test
Are you claiming an exemption from the English language test due to a medical or mental condition? Yes or No. Answer is "No".

Do you have exceptional circumstances that prevent you from taking the test? Yes or No.
If I say yes, I get a box to "Explain your circumstances. If you need more space for your explanation you can include an additional note with your supporting documents". I was going to write here "I have a Degree certificate awarded by UK university, therefore an English language test is not required to prove english requirement.

If I say no, then there is no other options to select degree certificate from UK university etc to prove my wife's english requirement. Also in the list of mandatory documents, it doesn't ask for the degree certificate.

If I answer "No" to the first question in the section i.e Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English?, then I get all the options which I remembered were similar to previous extension application.

Do you have a degree that was taught in English?
Country your degree was taught in
Does your degree meet the English language requirement for this visa?
Proof of your degree
What will you use to prove your degree taught in English?

With this, I also get asked to include the degree certificate taught in english which is not the case if I select "No" to the first question i.e "Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English?".

Could someone please advise which is the correct option / path to choose? Has someone come across this as part of their application submit?

Kind regards and thanks.

[zimba]

Has she passed the English language at level B1 or above ? The family visa only needs A2, ILR needs B1 or above

[rsharma6]

Has she passed the English language at level B1 or above ? The family visa only needs A2, ILR needs B1 or above

She doesn't need one as her degree is from a UK university, which is what we used for english requirement in the initial visa application and previous extension.

My confusion is if I answer "yes" to the question "Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English? ", then I don't get further questions around proof of degree etc. Technically the answer should be "yes" as we had to prove using degree certificate from UK university.

If I answer "no", then I get all the right questions around proof of degree. So I feel like this is the right option but then we did have to prove english requirement in the previous extension. So If I say "no", I would be lying?

So which is it I should choose - yes or no? Because depending on this, there are further questions.

Does it matter which option I choose, so long as I provide the degree certificate as proof of English requirement?

Thanks.

[zimba]

Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English? YES
The rest answer No. The answers on the form are not that important. UKVI will use the evidence at hand to make a decision

[rsharma6]

Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English? YES
The rest answer No. The answers on the form are not that important. UKVI will use the evidence at hand to make a decision

Thanks. That makes sense. I will still include the UK university degree certificate and transcript as evidence, as part of the application.

[rsharma6]

Submitted the form just now. Managed to get Super Priority.

Couple of things I noticed:

1. Consent forms are no longer available to download and not mentioned as part of the application either. Have these been done away with now? The only form available for download is family declaration. If I still must submit the consent forms, where can I download it from please?

2. Looks like the current service provider is being changed from UKVCAS to TLSContact from 15 Oct'24. I couldnt get any appointment before 15th at UKVCAS service points but there are some available at TLScontact centres around October end which is after the current visa expires on the 22nd Oct. Is this a problem? Application was submitted today so well before the visa expiry date.

Thanks in advance.

[zimba]

1. This is the form: https://visas-immigration.service.gov.u ... onsent.pdf

2. Section 3C applies. Your biometrics date is irrelevant.
Try to understand the section 3C. Read: Applicants can benefit from the date of the ILR decision

[rsharma6]

1. This is the form: https://visas-immigration.service.gov.u ... onsent.pdf

2. Section 3C applies. Your biometrics date is irrelevant.
Try to understand the section 3C. Read: Applicants can benefit from the date of the ILR decision

Thanks Zimba. Much appreciated. Managed to book a biometric appointment for end of Oct. Will keep checking if anything earlier becomes available.

[marsupilami]

Submitted the form just now. Managed to get Super Priority.

Couple of things I noticed:

1. Consent forms are no longer available to download and not mentioned as part of the application either. Have these been done away with now? The only form available for download is family declaration. If I still must submit the consent forms, where can I download it from please?

2. Looks like the current service provider is being changed from UKVCAS to TLSContact from 15 Oct'24. I couldnt get any appointment before 15th at UKVCAS service points but there are some available at TLScontact centres around October end which is after the current visa expires on the 22nd Oct. Is this a problem? Application was submitted today so well before the visa expiry date.

Thanks in advance.

Hi rsharma would you kindly be able to confirm what options did you choose at the end:

Was it:
Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English? YES
And all the other questions about a test: NO

Is that it?

Did you re-attach the UK degree certificate as additional evidence , just for certainty?



Thanks

[rsharma6]

Submitted the form just now. Managed to get Super Priority.

Couple of things I noticed:

1. Consent forms are no longer available to download and not mentioned as part of the application either. Have these been done away with now? The only form available for download is family declaration. If I still must submit the consent forms, where can I download it from please?

2. Looks like the current service provider is being changed from UKVCAS to TLSContact from 15 Oct'24. I couldnt get any appointment before 15th at UKVCAS service points but there are some available at TLScontact centres around October end which is after the current visa expires on the 22nd Oct. Is this a problem? Application was submitted today so well before the visa expiry date.

Thanks in advance.

Hi rsharma would you kindly be able to confirm what options did you choose at the end:

Was it:
Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English? YES - Correct
And all the other questions about a test: NO - Correct but we answered Yes to the question "Do you have exceptional circumstances that prevent you from taking the test?" and provided the reason for that as "I have a degree from a UK university. My degree was awarded by <University Name>. Therefore, an English language test is not required to prove my English knowledge." Not sure if this was correct but we felt like we needed to mention this in the form. We also submitted the degree certificate as supporting evidence though the list of mandatory documents generated for our application did not ask for this.


Is that it?

Did you re-attach the UK degree certificate as additional evidence , just for certainty?

Yes - we have submitted the degree certificate as well.


Thanks

[rsharma6]

1. This is the form: https://visas-immigration.service.gov.u ... onsent.pdf

2. Section 3C applies. Your biometrics date is irrelevant.
Try to understand the section 3C. Read: Applicants can benefit from the date of the ILR decision

Hi Zimba,

Just wondering - do I need to sign part 3 of the family consent form as sponsor? I remember my wife only submitted Part 1 and 2 in the last extention. So that's what we have done for ILR as well. But wanted to confirm if we need to additionally submit that as well? Thanks.

[zimba]

No

[rsharma6]

No

Thank you very much for the confirmation.

[marsupilami]

Hi Sharma thanks a lot for the clarifications! Hope your application will go well, please let us know the outcome when you'll know. Good luck!!

[rsharma6]

Hi Sharma thanks a lot for the clarifications! Hope your application will go well, please let us know the outcome when you'll know. Good luck!!

Thanks. Great news - my wife got her ILR. She had an appointment today. She was in and out in about 15 mins. We received an email update 3 hours later saying it has been successful. We opted for Super priority service.

Thanks Zimba for your advice as well.

[zimba]

Hi Sharma thanks a lot for the clarifications! Hope your application will go well, please let us know the outcome when you'll know. Good luck!!

Thanks. Great news - my wife got her ILR. She had an appointment today. She was in and out in about 15 mins. We received an email update 3 hours later saying it has been successful. We opted for Super priority service.

Thanks Zimba for your advice as well.

Congratulations

[marsupilami]

Hi Sharma thanks a lot for the clarifications! Hope your application will go well, please let us know the outcome when you'll know. Good luck!!

Thanks. Great news - my wife got her ILR. She had an appointment today. She was in and out in about 15 mins. We received an email update 3 hours later saying it has been successful. We opted for Super priority service.

Thanks Zimba for your advice as well.

Congratulations sharma!