ILR Form Query

[ademac]

Hi,

I wonder if you could clarify a question on the online form please.

My wife is applying for ILR, she has an MSc from Hallam Uni, Sheffield, but a little confused as to the wording on one of the form questions.

The question is 'Did you meet the knowledge of English requirement as part of an indefinite leave application made on or after 28 October 2013? Yes or No'

This is the only question referring to meeting the English requirement other than LIUK test which she has passed. She has met the English requirement previously with her Masters degree, but it wasn't for an ILR application, it was for Spouse Leave to Remain and Further Leave to Remain.

Does she just answer No because it wasn't specifically an ILR application, or does this question broadly cover all the leave to remain applications along the ILR journey, in which case does she answer Yes?

Many thanks in advance.

Kind regards,

ademac.

[ademac]

I think this question is open to a bit of interpretation. Is it referring to a past ILR application or is it just asking if you have met the requirement for this application.

Maybe a better way of writing it would be 'Have you met the knowledge of English requirement as part of an indefinite leave application made on or after 28 October 2013? Yes or No'

Just don't quite understand what they are asking for with this question.

[ademac]

I have looked through other threads and it appears this question is a stumbling block for many.

For the benefit of others, I will quote Zimba's post on another thread:

'That is an error on the online form, a questions which seems to have been copied from British Citizenship form where applicants already have ILR. Answer NO and simply upload your English language evidence with your application and you should be fine'

This makes sense, thanks Zimba.

Further, I found some details in another gov.uk document, which is worth anyone reading for information on the English knowledge requirement:

Home Office Immigration Staff Document (not sure I can post links on this forum so just search for it in your browser):
English language requirement:family members under Part 8, Appendix FM and Appendix Armed Forces
Version 4.0 - 1st October 2019
This is used by decision makers on how to deal with partner and parent applications for leave to remain on a 5-year route to settlement.

For applicants who used academic qualifications for previous applications, it states:

Applicants who provided evidence of an acceptable academic qualification with a previous application.
A partner or parent applying for leave to enter or remain who has an academic qualification which was accepted as part of a successful previous application as a partner or parent is not required to provide further evidence of that academic qualification.

However, I'll still tell my wife just to pop a copy in anyway just so she has got it covered.

Hope some people find this information useful.

Cheers,

ademac

[ademac]

I wrote a detailed explanation of the problem on the feedback form on the application site, indicating that it would be better if this was explained in more detail because it was a little misleading as to answer yes or no.

Lo and behold, we have logged in again and it indicated that the form has changed, and it now asks which qualification is being used as evidence of knowledge of English.

Excellent Result, Well Done UK Visa for your prompt action.

ademac.