ILR (Tier 2 route) application date and absence calculation

[AedanP]

Hi All,

I want to use my IELTS SELT UKVI cert which I used for Tier 2 application 5 years ago for the ILR application now based on this clause:

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

Do you know how that is confirmed by HO during the ILR application? When the UKVI number checked in online system, it will show expired test date. How can I prove that certificate was used and approved?

The test type and test centre are still in the current recognized list. However during the first application, I had used IELTS Test report number on the form by mistake instead of the IELTS UKVI number, and I was contacted by UKVI to email the copy of the cerificate. Then my application was approved but the online application form that I used 5 years ago has the wrong number.

Any ideas how I can prove this certificate was accepted before?

Thanks

[zimba]

You do not need to prove anything. It is on their system. In fact, you are exempt from proving English langue requirement again

[AedanP]

Hi Zimba,
Thanks for your response. When you say it's on their system, do you mean the information that I submitted 5 years ago for T2 visa application? If so, I had written the wrong Test Report Number in English Language section as Award Reference Number. It was not the UKVI number which can be checked online. Do you think they corrected that TRF number with UKVI number when assessing the application?

[bbr332]

I would suggest doing it because apparently it depends on case worker even though the gov website says you can use expired English test. I'm saying this because i submitted my application through super priority on 3rd August, received an email same day stating i need to submit new document to prove English language requirement and i'm still waiting for the decision email.

[AedanP]

I would suggest doing it because apparently it depends on case worker even though the gov website says you can use expired English test. I'm saying this because i submitted my application through super priority on 3rd August, received an email same day stating i need to submit new document to prove English language requirement and i'm still waiting for the decision email.

Thanks for sharing your experience bbr332. That's exactly why I'm concerned. Assuming I have priority or super priority application, it may be delayed just because case worker may not be satisfied with the document I shared despite the gov website says otherwise.

[vinny]

You do not need to prove anything. It is on their system. In fact, you are exempt from proving English langue requirement again

Agree with @Zimba.

There’s no longer an English language requirement for Skilled Worker’s ILR applications under Appendix Skilled worker. The knowledge of Life in the UK requirement remains.

SW 23.1 The applicant must meet the knowledge of Life in the UK requirement as set out in Appendix KOL UK.

However, it’s unclear for naturalisation.

[zimba]

Hi Zimba,
Thanks for your response. When you say it's on their system, do you mean the information that I submitted 5 years ago for T2 visa application? If so, I had written the wrong Test Report Number in English Language section as Award Reference Number. It was not the UKVI number which can be checked online. Do you think they corrected that TRF number with UKVI number when assessing the application?

As Vinny pointed out to you, there is no requirement. The advice given to you is based on the immigration rules

[AedanP]

Thanks Zimba and Vinny for your guidance.

When I dig out the Gov website, to be honest, I think those information conflicting to each other. Added the links below.

ILR guidance for T2/SW
Immigration rules Appendix SW
Immigration rules Appendix English Language

I'm not a legal expert of course and may be misunderstanding the clauses, but it should be easier in the Gov website for regular people to understand. Thanks again for your help.

[vinny]

but it should be easier in the Gov website for regular people to understand..

Unfortunately, no.

87. I am left perplexed and concerned how any individual whom the Rules affect (especially perhaps a student, like Mr A, who is seeking a variation of his leave to remain in the United Kingdom) can discover what the policy of the Secretary of State actually is at any particular time if it necessitates a trawl through Hansard or formal Home Office correspondence as well as through the comparatively complex Rules themselves. It seems that it is only with expensive legal assistance, funded by the taxpayer, that justice can be done.

[AmazonianX]

Thanks Zimba and Vinny for your guidance.

When I dig out the Gov website, to be honest, I think those information conflicting to each other. Added the links below.

ILR guidance for T2/SW
Immigration rules Appendix SW
Immigration rules Appendix English Language

I'm not a legal expert of course and may be misunderstanding the clauses, but it should be easier in the Gov website for regular people to understand. This unfortunately is the UK immigration that we have on our hands, even qualified immigration legal experts can be confounded and lead their clients/ applicants astray. Thanks again for your help.

[AedanP]

Thanks Zimba and Vinny for your guidance.

When I dig out the Gov website, to be honest, I think those information conflicting to each other. Added the links below.

ILR guidance for T2/SW
Immigration rules Appendix SW
Immigration rules Appendix English Language

I'm not a legal expert of course and may be misunderstanding the clauses, but it should be easier in the Gov website for regular people to understand. This unfortunately is the UK immigration that we have on our hands, even qualified immigration legal experts can be confounded and lead their clients/ applicants astray. Thanks again for your help.

Another confusing or contradictory point may be the Online Forms. I haven't started filling in the SET(O) application yet, and people who have done recently may have better idea. But it would be misleading if the online form still has sections relevant to or asks for English language requirement although that requirement for settlement under Skilled Worker route has been removed. It can be questioned why it was there in the first place as applicants already proved English requirement at initial Tier 2 or Skilled Worker visa. If the form still asks for it, could be under case worker's discretion ? Hence the Tier 2 holders are still assessed by Case workers based on old rules before 1 December 2020 ?

[CR001]

Form SET O is used for many different visa categories applying for ilr where the english language requirement must be met. It is not only a form for skilled worker to ilr applicants!!

[AedanP]

Form SET O is used for many different visa categories applying for ilr where the english language requirement must be met. It is not only a form for skilled worker to ilr applicants!!

Oh I see. It could be a dynamic form which adapts itself in real time. But it is just an online version of a old-school form. Should have been easier. i.e. Guide the user and change the content of questions after entering Visa type and BRP number at first step. Anyway...

One last question about the rules in the Gov website; Skilled worker route (and some other routes) require min B1 but they must be 4-facet including reading, writing, speaking and listening whereas settlement and citizenship or partner / sport person visas require B1 level but at 2-facet only, speaking and listening. So the ISE vs GESE test difference. If Skilled worker / tier 2 migrant proceeds to settlement or citizenship route, does that need to be ISE or GESE type exam because initial application must have been on ISE type? If it is settlement or citizenship application, does it still have any relevance to original visa route or that link is lost from that point and all should be GESE B1?

[vinny]

Oh I see. It could be a dynamic form which adapts itself in real time.

Wishful thinking!

[AmazonianX]

Form SET O is used for many different visa categories applying for ilr where the english language requirement must be met. It is not only a form for skilled worker to ilr applicants!!

Oh I see. It could be a dynamic form which adapts itself in real time. But it is just an online version of a old-school form. Should have been easier. i.e. Guide the user and change the content of questions after entering Visa type and BRP number at first step. Anyway... It does not automatically change or adjust/adapt itself. Being used for different circumstances means the applicants needs to answer questions relevant to the circumstances and avoid those that are not hence the incessant confusion.

One last question about the rules in the Gov website; Skilled worker route (and some other routes) require min B1 but they must be 4-facet including reading, writing, speaking and listening whereas settlement and citizenship or partner / sport person visas require B1 level but at 2-facet only, speaking and listening. So the ISE vs GESE test difference. If Skilled worker / tier 2 migrant proceeds to settlement or citizenship route, does that need to be ISE or GESE type exam because initial application must have been on ISE type? The ISE is more than GESE so if applicant has ISE you would thinknthats alright but there are instances where CW request the GESE If it is settlement or citizenship application, does it still have any relevance to original visa route or that link is lost from that point and all should be GESE B1?

[AedanP]

Thank you all. Your feedback and responses are much appreciated.

[AedanP]

I would suggest doing it because apparently it depends on case worker even though the gov website says you can use expired English test. I'm saying this because i submitted my application through super priority on 3rd August, received an email same day stating i need to submit new document to prove English language requirement and i'm still waiting for the decision email.

Hi bbr332,

Just to close the loop in this subject related to your recent experience - Do you have any updates in your timeline. Did you get the decision mail?
Did you send again your expired English test back to case worker or take a new one.

[vinny]

I would suggest doing it because apparently it depends on case worker even though the gov website says you can use expired English test. I'm saying this because i submitted my application through super priority on 3rd August, received an email same day stating i need to submit new document to prove English language requirement and i'm still waiting for the decision email.

What did you apply for?

[AedanP]

Hi All,

Another earliest application time question but I keep getting confused after reading the other posts.

I’m on Tier 2 visa with my dependants. Our visa approval letter was on 15-09-17 and we had entry clearance visa vignette from 20-09-17. We travelled to the UK on 1-10-17 to collect BRPs and start my right to work checks with my employer. However, my BRP wasn’t printed when we went to post office for collection but my dependants’ were printed on exact date of approval letter 15-09-17.

We left the UK on 5-10-17 to move our house and complete other bureaucratic stuff in our home country. Then came back to the UK on 15-10-17. We did not have any issue at the border as the 30 days visa on our passport was Multitrip. Only thing was the officer wrote down “BRP to be collected” next to the stamp. Normally they write the BRP number. I was able to collect my BRP only after then and the date printed was 27-09-17. So 12 days later than my dependants’ BRPs. I think that was delayed because of NiNo number generation.

So my questions are;
1-I think I’m able to apply for ILR based on 20-09-17 (temporary visa start date) and don’t need to wait till entry clearance date.
2-As an entry clearance date, which one should I use? Our first stamp on that visa vignette is 1-10-17 for all of us. But after leaving the UK for 10 days, I entered the UK on 15-10-17 without BRP again only using that visa. And it was stamped again without BRP number written down. So shall I consider that date as entry clearance? After that date, all our stamps have BRP numbers written by border force.
3-To calculate the absence, should I start counting from entry to the UK (1-10-17) or visa start date (20-09-17) or approval letter date (15-09-17)?
4-Is it important to be accurate with depart/arrive dates when listing absences. For instance, I had overnight flights with different dates on stamps and also some delayed flights (more than 24 hours delays) so physically I did not leave the country but passed the border check etc?
5-Is there any requirement to be in the country 1 year before on exact date of application for ILR? One of my friends confused me on this one but I think that rule is valid for naturalisation application, not ILR.

Sorry it’s long message. Thanks in advance.

[zimba]

1,2,3: The qualifying period starts from the very first visa approval date. BRP/visa dates are not important (if later issued)
4: Absences are only full days that you were away from the UK. Enter a departure date and return date based on your flight time.
5: Such a visa rule does not exist. Do not listen to your friends. For naturalisation, you should have been present on the same date in the UK minus your qualifying period (for most people it is 5 years prior to your application date)

[AedanP]

Thanks Zimba.
And my second entry to UK without the BRP is not an issue, right. My entry clearance date is the first stamp on visa vignette page. Does not matter if I had my BRP with me on second entry or not.

[zimba]

Thanks Zimba.
And my second entry to UK without the BRP is not an issue, right. My entry clearance date is the first stamp on visa vignette page. Does not matter if I had my BRP with me on second entry or not.

It does not matter

[AedanP]

Thank you very much.

[AedanP]

Hi All,
Another question about the SET(O) application including Tier 2 , Dependent Spouse and Dependent Child,
1-Are the Declaration Form and Family Consent form same documents? I thought I ticked the declaration before completing the application already.
2-For the Consent form, I think I have to submit 2 forms - 1 for myself, part 1 signed by me and part 2 by spouse and another form for my spouse, part 1 signed by her and part 2 by me. Leave part 3 empty. Is it correct?
3-Do I need to sign another consent form for the dependent child? i.e. part 1 only and leave part 2 and 3 empty?

Thanks in advance

[AmazonianX]

Hi All,
Another question about the SET(O) application including Tier 2 , Dependent Spouse and Dependent Child,
1-Are the Declaration Form and Family Consent form same documents? I thought I ticked the declaration before completing the application already.
2-For the Consent form, I think I have to submit 2 forms - 1 for myself, part 1 signed by me and part 2 by spouse and another form for my spouse, part 1 signed by her and part 2 by me. Leave part 3 empty. Is it correct? Even Part 3 if not relevant, write Not Applicable and submit it also. An applicant was reached to provide it.....further delaying decision on their application.
3-Do I need to sign another consent form for the dependent child? i.e. part 1 only and leave part 2 and 3 empty? Do not leave any empty, if not Applicable wite same and submit.

Thanks in advance