English proof for ILR application through GTV

[atmutm]

Need advice on my case:

My husband applied for his GTV for five years, and it was issued as a five-year visa. My children and I applied as dependants four months later, and our visas have the same expiration date, giving us a duration of 4 years and 8 months. The delay was due to lockdowns in different cities and the lack of a visa center in my city. By the time my visa ends, I will have lived in the UK for 4 years and 8 months. For ILR eligibility, if absences of less than 180 days per year are acceptable, then it should be fine. However, since the gap is from the beginning, would I need to stay an additional 4 months to qualify which means I would have to apply an extension for the visas for me and my two children. The minimum option is 3 years and that's huge cost considering IHS fees.

Many thanks

[zimba]

You become eligible for ILR within 28 days of completing your 5 years, counting from the first visa issue date. A trick to avoid extension is to apply for an extension before your visa expiry and delay the biometrics for up to 45 working days but then just before reaching the 45-day mark, you apply again for ILR and vary the extension application to ILR. You can delay the biometrics until you reach the ILR eligibility mark. You will get a refund for the extension IHS ees after your ILR is approved.

This is possible because of the section 3C.
Read: Applicants can benefit from the date of the ILR decision

[atmutm]

Hi Zimba,

Thank you for your reply. I’ve reviewed that post, and it seems optimistic. I have one more question to assess the potential risks in my case.

I have a 4-month gap (120 days). My first visa vignette was issued on 30/01/2022 and expires on 30/09/2026. The first eligible date for ILR would be 02/01/2027. This means I’d need to delay the extension process by 92 days to meet the ILR requirements.

If the extension application is received and processed on the submission day, the 45 working days (from 30/09/2026) would run until 01/12/2026. In the worst-case scenario, this leaves a gap of 31 days. Typically, GTV applications take about 8 weeks in the UK. In the best-case scenario, a delay in processing of 31 days could fill the gap, but this seems risky. If processing starts on average within 2 weeks, I’d still face a 15-day gap.

Are there any strategies to manage this? For example:
1. Paying less IHS for a 3-year extension for the GTV dependent and waiting for a top-up request, which could potentially add a delay of about 15 days?
2. Delaying the biometrics submission again for the ILR application or cancel and resubmission? Is this possible?

Since I can’t submit the ILR application earlier than 28 days before eligibility, if the 45 working days aren’t sufficient to bridge the gap to 02/01/2027, and I apply for ILR at that point, could my application be rejected for not meeting the 5-year rule, even if the decision date falls after the 5-year period?

Looking forward to your insights.

[zimba]

First of all, there is no application processing at all unless you enrol your biometrics first. I told you explicitly that you do NOT need to enrol your biometrics for the extension application but just delay it and then instead of enrolling the biometrics, you go and apply again for ILR but AGAIN, delaying the biometrics for ILR until you are within the 28-day mark. Then you simply enrol the biometrics for your ILR application and you are all good.

You get nearly 90 working days just by delaying the biometrics of the two applications alone

Also who said you must apply within 28 days of your 5 year mark for ILR ?? There is no such rule at all. Where did you get such a rule from ?? I explained in the link I provided above that the date of ILR application is not critical at all. You CANNOT be refused ILR if you have accumulated the required lawful residence on the date of ILR decision.

[atmutm]

Thank you so much for your patience and explaination, it's perfect clear now.

Wonderful, 90 working days can cover the 4 month gap easy as pie. So I apply extension and wait for nearly 45 working days and shift to IRL application directly (I presume I cannot cancel the extension and apply for IRL, right? Otherwise I will be overstaying). Then delay again until the biometric appointment date fall within the 28 days to 5 years.

Do you have any idea of when I shift from GTV extension to IRL, do I need to prepare extra money for the IRL to pay it first and wait for the refund of GTV extension, or I will receive the refund first and can use the refund to pay for IRL, or they calculate the difference and more refund less compensation? As it's nearly £10,000 for one adult and two children, and I don't always have that much instant savings.

[CR001]

When you apply for ilr, you have to pay the ilr fee.

Refund for the gtv extension will be processed separately and can take a few weeks.

[zimba]

Thank you so much for your patience and explaination, it's perfect clear now.

Wonderful, 90 working days can cover the 4 month gap easy as pie. So I apply extension and wait for nearly 45 working days and shift to IRL application directly (I presume I cannot cancel the extension and apply for IRL, right? Otherwise I will be overstaying). Then delay again until the biometric appointment date fall within the 28 days to 5 years.

Do you have any idea of when I shift from GTV extension to IRL, do I need to prepare extra money for the IRL to pay it first and wait for the refund of GTV extension, or I will receive the refund first and can use the refund to pay for IRL, or they calculate the difference and more refund less compensation? As it's nearly £10,000 for one adult and two children, and I don't always have that much instant savings.

Your ILR will be a separate new application from scratch. It will automatically be a variation of the pending extension. You do not need to do anything special or withdraw anything. The refund for your extension fees will be given later after ILR approval

[atmutm]

Thank you for the prompt reply. Then I'll be preparing the fund.

[atmutm]

Hi,

I'm applying ILR through GTV 3 years route, I haven't proved my English when I applied for the GTV. All my "degrees" (i.e., Bachelor, Master, PhD) are NOT taught or researched in English. But I have obtained a PgCert issued by Advance Higher Education from a UK university.

This is what said in the ILR requirements: "You can prove your knowledge of English by having a degree that was taught or researched in English. Your degree must be academic. You cannot use a vocational degree as proof. If you’re not sure whether your degree is academic or vocational, contact your university. If your degree is from a UK university, you only need your degree certificate."

Here is what said in Advance HE website about the programme I took: "This is the first programme of its kind to offer both an academic qualification (Postgraduate Certificate) and professional recognition Fellowship (FHEA), awarded by Advance HE on successful completion."

That means, the PgCert is an academic qualification. The question is: do they accept PgCert as proof of English or they only accept a degree? Has anyone use the PgCert from AdvanceHE as proof and applied for ILR successfully?

Many thanks

[CR001]

It has to be either a degree or you need to do the English test.

[zimba]

I suggest SELT: https://www.trinitycollege.com/qualific ... SE-grade-5