Help Needed for T1 Ent Dependent to ILR

[Mak9878]

Hi Gurus, moderators and all other members,

Hope you all are at best of your health.

To conclude to whole story. My wife is on T1 Ent dependent visa with following extensions and arrival date in the uk. Her current visa is expiring end of December 2024.

Currently I (Husband) have British Passport via 5 years Entrepreneur to ILR route and currently receiving part Universal Credit on my name only (her name does appear and her income does count towards my claim but not receiving any benefit on her behalf).

Entry Clearance Vignette and BRP Visa:
22nd May, 2018 (collected from Post office after her arrival in UK) while her entry clearance sticker visa had issue date of 4th of June, 2018

Arrival in UK: 11th June 2018.

Applied 1st extension with main applicant: 03-June 2019

1st extension Approved BRP: 31-October-2019 till 31-October-2022.

2nd Extension BRP: 11-Oct-2022 to 31-12-2024

I believe my wife as T1 Entrepreneur PBS dependent will complete 5 years on 11th June 2023 but I believe she can apply 28 days before 5 years are completed for her ILR on 14th May 2023.

As far as I know she needs to attempt Life in the UK Test and there is English A1,B1 or B2 requirement.

Can she be exempt from English requirement, if we get Ecctis english proficiency certificate alongwith degree verification (together) for settlement application from below website as mentioned for non european country?

https://www.ecctis.com/Qualifications/VAN/Default.aspx

"The Visas and Nationality services support you if you need to evidence the level of your degree and/or your English language proficiency for the UK Home Office.

These services are for you if you are applying for one of the following visas or routes:

Family (including spouse), settlement or citizenship/naturalisationTier 2Skilled WorkerSkilled Work: Health and CareStart-up and InnovatorMinister of ReligionHigh Potential Individual

The Visas and Nationality (PhD) and Visas and Nationality (PhD with English Proficiency) services provide verification of PhD level qualifications for those intending to use their PhD to qualify for tradeable points for the Skilled Worker route.

The Visas and Nationality (High Potential Individual) and Visas and Nationality (High Potential Individual with English Proficiency) services provide verification of degrees for those intending to use their qualification in their application to the High Potential Individual route.

It is important that you carefully read the service descriptions below and apply for the correct service."


Waiting for your reply anxiosuly.

Thanks

Regards,

Abdul

[CR001]

As far as I know she needs to attempt Life in the UK Test and there is English A1,B1 or B2 requirement.

LIUK test AND must meet the B1 English requirement for ILR.

Can she be exempt from English requirement

She is not exempt. There is simply more one way to meet the English requirement.

if we get Ecctis english proficiency certificate alongwith degree verification (together) for settlement application from below website as mentioned for non european country?

You need the comparable and English ECCTIS to prove meeting the English requirement. ECCTIS and The B1 English test costs the same.

[Mak9878]

As far as I know she needs to attempt Life in the UK Test and there is English A1,B1 or B2 requirement.

LIUK test AND must meet the B1 English requirement for ILR.

Can she be exempt from English requirement

She is not exempt. There is simply more one way to meet the English requirement.

if we get Ecctis english proficiency certificate alongwith degree verification (together) for settlement application from below website as mentioned for non european country?

You need the comparable and English ECCTIS to prove meeting the English requirement. ECCTIS and The B1 English test costs the same.

Thanks Cr001,

But I did not understand comparable word here, is it a kind of different service to be added with english proficiency for settlement visa service?

I was thinking to go with 4th option (Visas and Nationality Service (High Potential Individual with English Proficiency). It normally provide two document i.e. 1) academic qualification (level statement) on first page and 2) English proficiency on 2nd page. Do you think level statement is comparable?

Plz explain.

Thanks

[zimba]

Using the ECCTIS does not make you exempt from English language requirements. You rather simply use the ECCTIS issued document to satisfy the English language requirements for ILR. You should use the Visas and Nationality service (English proficiency) service for that

[Mak9878]

Using the ECCTIS does not make you exempt from English language requirements. You rather simply use the ECCTIS issued document to satisfy the English language requirements for ILR. You should use the Visas and Nationality service (English proficiency) service for that

Hi zimba,

Thanks for your prompt reply.

I m really confused here that HO requires two things from ECCTIS for the english requirement:

1) AQUALS (academic qualification level statement).
2) ELPS (English language proficiency service).

My question is going for Visas and Nationality service (English Proficiency service) will provide both AQUALS and ELPS in the service as per HO ILR requirment in the statement or not?

OR do I need to get another service for AQUALS seperately (then its going to cost more than B1 individual certificate)?

And if both are provided in the Visas and Nationality (English lanaguage proficiency service), is there still chances that they don't accept the statement from ECCTIS that applicant english is B1 equivalent?

Thanks

[zimba]

It covers both as just AQUALS on its own will NOT satisfy the English language requirements under the rules. The ELPS is also needed to determine the English language level which for ILR must be B1 or above.

ECCTIS website is quite clear on what Visas and Nationality service (English proficiency) covers:

Visas and Nationality service (English proficiency)

For this service, we can only assess qualifications that

• are considered comparable to a Bachelor, Master’s or PhD degree in the UK and
• were taught solely in English.

We compare your university (Higher Education) degree(s) to the standard of Bachelor, Master’s or PhD in the UK. This is the Academic Qualification Level Statement (AQUALS).

And, if your degree was not studied in a majority English-speaking country, we also confirm the level of your English language proficiency based on your qualification and according to the Common European Framework of Reference for Languages (CEFR). This is the English Language Proficiency Statement (ELPS).

https://www.ecctis.com/visasandnationality

[Mak9878]

Hi Zimba and others,

My wife has been provided two certificates AQUALS and ELPS.

She has been awarded with equivalent CEFR Level B1 in ELPS certificate and Bachelors (ordinary) in AQUALS.

Is it ok to meet the ILR requirment?

Thanks

[meself2]

Yes.

[Mak9878]

Yes.

Thanks but does word Bachelors (Ordinary) degree is mentioned in AQUALS Certificate (Academic qualification level statement), is it fine?

[meself2]

Yes.

Thanks but does word Bachelors (Ordinary) degree is mentioned in AQUALS Certificate (Academic qualification level statement), is it fine?

It just means her degree is Bachelor's (ordinary), not honours. Doesn't matter for English requirement.

[Mak9878]

Thanks for clarification.

[Mak9878]

Hi Everyone,

I have just completed form (not submitted yet). The form has produced documents required for her but not asking for any cohabition documents. Is it really required?

OR may wife did extension in October 2022 and during that all cohabition documents were provided, is it thats why not asking again?

OR may be she is living in same property since over 5 years (62 months)? Thats why not required?.

What do you say shall I add cohabition documents?

[CR001]

You need to submit 2 years evidence of cohabitation documents in both your names. This is to prove subsisting relationship as stated in the immigration rutles.

The online checklists are generic.

[AmazonianX]

Hi Everyone,

I have just completed form (not submitted yet). The form has produced documents required for her but not asking for any cohabition documents. Is it really required?

OR may wife did extension in October 2022 and during that all cohabition documents were provided, is it thats why not asking again?

OR may be she is living in same property since over 5 years (62 months)? Thats why not required?.

What do you say shall I add cohabition documents?

Even persons who own their home provides it.
A requirement and if not on the generated list still go ahead and provide.

[Mak9878]

You need to submit 2 years evidence of cohabitation documents in both your names. This is to prove subsisting relationship as stated in the immigration rutles.

The online checklists are generic.

Thanks CR001

[Mak9878]

Hi Everyone,

I have just completed form (not submitted yet). The form has produced documents required for her but not asking for any cohabition documents. Is it really required?

OR may wife did extension in October 2022 and during that all cohabition documents were provided, is it thats why not asking again?

OR may be she is living in same property since over 5 years (62 months)? Thats why not required?.

What do you say shall I add cohabition documents?

Even persons who own their home provides it.
A requirement and if not on the generated list still go ahead and provide.

Thanks Amazonian

[Mak9878]

Hi Everyone,

One important question just came into my mind when visited friend last night, he just informed that there were proposed changes for spouse route (Set-M) and dependent/pbs (Set- O) route from 5 years to 7 years eligibility for all settlement application.

Has it been done, can I have any discussion link for proposed changes?

And is 2 years enough to prove cohabitation documents for me and wife? Or should be more for ILR?

And can I have link for ILR Set-O policy guidance, so that I go through before submitting today.

Thanks

[AmazonianX]

Hi Everyone,

One important question just came into my mind when visited friend last night, he just informed that there were proposed changes for spouse route (Set-M) and dependent/pbs (Set- O) route from 5 years to 7 years eligibility for all settlement application.

Has it been done, can I have any discussion link for proposed changes? No, it's only being pushed for by some MPs and nothing concrete on it. Use Google search function.

And is 2 years enough to prove cohabitation documents for me and wife? Or should be more for ILR? Don't saddle the CW with unnecessary documents then complicate your application due to confusion. 2 years is what is required and will be best you provide only for that time frame.

And can I have link for ILR Set-O policy guidance, so that I go through before submitting today.

Thanks

[Mak9878]

Thanks.

One more question regarding Universal Credit. I as British Citizen receive part UC (single allowance, rent, and 2 x child element) and also child Benefit x 2 british child seperately.

My wife name does appear and her income does count towards my claim ( she works 12 hour part time contract) but not receiving any benefit on her behalf and I do have letter from UC as well that says you are not entitle for UC due to NRPF.

I did not had any problem in her Tier 1 Ent dependent/pbs partner extension in October 2022 and even my tenancy agreement has my name and other tenant sharer name (my wife name is not on tenancy agreement which is expired and new contract already due to be signed).

I am not including tenancy agreement as its expired in July 2023 end and the new will be signed in September 2023 after other tenant sharer comes back from holidays.

Do you think that Caswworker do require tenancy agreement to see name of her on tenancy agreement in case, cas worker believes that she might be recoursing public funds (in the form of rent, as her name is no in the contract, just mine and other tenant sharer since over 10 years)

Do you think, will this UC make any problem with ILR application due to NRPF (no recourse to public funds) condition on her visa?

Please advise

Thanks

Regards,

Abdul

[AmazonianX]

Thanks.

One more question regarding Universal Credit. I as British Citizen receive part UC (single allowance, rent, and 2 x child element) and also child Benefit x 2 british child seperately.

My wife name does appear and her income does count towards my claim ( she works 12 hour part time contract) but not receiving any benefit on her behalf and I do have letter from UC as well that says you are not entitle for UC due to NRPF.

I did not had any problem in her Tier 1 Ent dependent/pbs partner extension in October 2022 and even my tenancy agreement has my name and other tenant sharer name (my wife name is not on tenancy agreement which is expired and new contract already due to be signed).

I am not including tenancy agreement as its expired in July 2023 end and the new will be signed in September 2023 after other tenant sharer comes back from holidays.

Do you think that Caswworker do require tenancy agreement to see name of her on tenancy agreement in case, cas worker believes that she might be recoursing public funds (in the form of rent, as her name is no in the contract, just mine and other tenant sharer since over 10 years)

Do you think, will this UC make any problem with ILR application due to NRPF (no recourse to public funds) condition on her visa?

Please advise

Thanks

Regards,

Abdul

This shouldn't be a cause for worry.

[Mak9878]

Thanks.

One more question regarding Universal Credit. I as British Citizen receive part UC (single allowance, rent, and 2 x child element) and also child Benefit x 2 british child seperately.

My wife name does appear and her income does count towards my claim ( she works 12 hour part time contract) but not receiving any benefit on her behalf and I do have letter from UC as well that says you are not entitle for UC due to NRPF.

I did not had any problem in her Tier 1 Ent dependent/pbs partner extension in October 2022 and even my tenancy agreement has my name and other tenant sharer name (my wife name is not on tenancy agreement which is expired and new contract already due to be signed).

I am not including tenancy agreement as its expired in July 2023 end and the new will be signed in September 2023 after other tenant sharer comes back from holidays.

Do you think that Caswworker do require tenancy agreement to see name of her on tenancy agreement in case, cas worker believes that she might be recoursing public funds (in the form of rent, as her name is no in the contract, just mine and other tenant sharer since over 10 years)

Do you think, will this UC make any problem with ILR application due to NRPF (no recourse to public funds) condition on her visa?

Please advise

Thanks

Regards,

Abdul

This shouldn't be a cause for worry.

Are you sure, I have been searching similar cases here on the forum T1 Ent dependent to ILR with husband in receipt of Universal Credit but can't find update after users have asked about similar situation and have applied, and users haven't updated approval or refusal status for dependents such as alijafri,mamaali etc.

Have you seen any approval on this forum with similar situation?

[CR001]

You are overthinking. You have also been given advice in your benefits topic regarding this already.

claiming-benefits/urgent-help-needed-fo ... l#p2126909

[Mak9878]

You are overthinking. You have also been given advice in your benefits topic regarding this already.

claiming-benefits/urgent-help-needed-fo ... l#p2126909

You are right but success story from the users give confidence to apply. In my friendship, I have similar case with spouse route Set-M ILR, and her case has been successful with husband in receipt of Universal Credit but I was looking around similar case with Tier 1 Entrepreneur dependent.

But you are right that I am over thinking, if Tier 1 Ent dependent to ILR Set-O application were refused, thier husband (users) must have come back to the forum but it hasn't happend like so.

So I should take it positive and submit form today.

Thanks

[AmazonianX]

Thanks.

One more question regarding Universal Credit. I as British Citizen receive part UC (single allowance, rent, and 2 x child element) and also child Benefit x 2 british child seperately.

My wife name does appear and her income does count towards my claim ( she works 12 hour part time contract) but not receiving any benefit on her behalf and I do have letter from UC as well that says you are not entitle for UC due to NRPF.

I did not had any problem in her Tier 1 Ent dependent/pbs partner extension in October 2022 and even my tenancy agreement has my name and other tenant sharer name (my wife name is not on tenancy agreement which is expired and new contract already due to be signed).

I am not including tenancy agreement as its expired in July 2023 end and the new will be signed in September 2023 after other tenant sharer comes back from holidays.

Do you think that Caswworker do require tenancy agreement to see name of her on tenancy agreement in case, cas worker believes that she might be recoursing public funds (in the form of rent, as her name is no in the contract, just mine and other tenant sharer since over 10 years)

Do you think, will this UC make any problem with ILR application due to NRPF (no recourse to public funds) condition on her visa?

Please advise

Thanks

Regards,

Abdul

This shouldn't be a cause for worry.

Are you sure, I have been searching similar cases here on the forum T1 Ent dependent to ILR with husband in receipt of Universal Credit but can't find update after users have asked about similar situation and have applied, and users haven't updated approval or refusal status for dependents such as alijafri,mamaali etc.

Have you seen any approval on this forum with similar situation?

Several and you can use the search function to get it.

Though note that someone's refusal does not.means yours will be and vice versa. Each case is treated on its own merit.

[Mak9878]

Thanks.

One more question regarding Universal Credit. I as British Citizen receive part UC (single allowance, rent, and 2 x child element) and also child Benefit x 2 british child seperately.

My wife name does appear and her income does count towards my claim ( she works 12 hour part time contract) but not receiving any benefit on her behalf and I do have letter from UC as well that says you are not entitle for UC due to NRPF.

I did not had any problem in her Tier 1 Ent dependent/pbs partner extension in October 2022 and even my tenancy agreement has my name and other tenant sharer name (my wife name is not on tenancy agreement which is expired and new contract already due to be signed).

I am not including tenancy agreement as its expired in July 2023 end and the new will be signed in September 2023 after other tenant sharer comes back from holidays.

Do you think that Caswworker do require tenancy agreement to see name of her on tenancy agreement in case, cas worker believes that she might be recoursing public funds (in the form of rent, as her name is no in the contract, just mine and other tenant sharer since over 10 years)

Do you think, will this UC make any problem with ILR application due to NRPF (no recourse to public funds) condition on her visa?

Please advise

Thanks

Regards,

Abdul

This shouldn't be a cause for worry.

Are you sure, I have been searching similar cases here on the forum T1 Ent dependent to ILR with husband in receipt of Universal Credit but can't find update after users have asked about similar situation and have applied, and users haven't updated approval or refusal status for dependents such as alijafri,mamaali etc.

Have you seen any approval on this forum with similar situation?

Several and you can use the search function to get it.

Though note that someone's refusal does not.means yours will be and vice versa. Each case is treated on its own merit.

Absolutely agree.

Thanks