Clarifications on ILR.....please

[sb2009]

Hi,

I am an India passport holder, and I have been in the UK from 2009 with a Tier 1 General visa. I have a few queries and can any of you help me please?

1. I am planning to apply for ILR next year. Is ILR really an indefinite visa, or does it have any validity period like the Tier 1 General visa?

2. If I apply for ILR next year, do I have to compulsorily apply for citizenship after staying in the UK under ILR for 1 year (which will be 2 years from now)? Or can I stay in ILR for as long as I want?

3. When I apply for ILR next year, and say my application gets rejected, can I then apply for my Tier 1 General extension 2nd time?

4. And do I need to get a B1 CEFR certificate, and LITUK test pass? I have got a degree taught in English language. And I have used it to satisfy my english language requirement for my initial Tier 1 visa, and extension here in UK.

Please, can you give replies, my questions seem basic, but wanted to clarify on them to remove confusion.

[[iD]]

Hi,

I am an India passport holder, and I have been in the UK from 2009 with a Tier 1 General visa. I have a few queries and can any of you help me please?

1. I am planning to apply for ILR next year. Is ILR really an indefinite visa, or does it have any validity period like the Tier 1 General visa?
It's indefinite like the name suggests but BRP card has is expiry which needs to be renewed.

2. If I apply for ILR next year, do I have to compulsorily apply for citizenship after staying in the UK under ILR for 1 year (which will be 2 years from now)? Or can I stay in ILR for as long as I want?
You can stay on ILR for as long as you want.

3. When I apply for ILR next year, and say my application gets rejected, can I then apply for my Tier 1 General extension 2nd time?
Yes

4. And do I need to get a B1 CEFR certificate, and LITUK test pass? I have got a degree taught in English language. And I have used it to satisfy my english language requirement for my initial Tier 1 visa, and extension here in UK.
Keep an eye on the requirement, you may be able to use your degree but as I said, let's see what's the final transitional arrangement in Oct.

Please, can you give replies, my questions seem basic, but wanted to clarify on them to remove confusion.

[ilrapplicant2013]

I am an India passport holder, and I have been in the UK from 2009 with a Tier 1 General visa. I have a few queries and can any of you help me please?

1. I am planning to apply for ILR next year. Is ILR really an indefinite visa, or does it have any validity period like the Tier 1 General visa?

ILR isnt technically a visa, It is an indefinite leave to remain, in other words settlement, you are considered as settled in the UK, It has no end date as long as you meet the criteria for maintaing ILR.

2. If I apply for ILR next year, do I have to compulsorily apply for citizenship after staying in the UK under ILR for 1 year (which will be 2 years from now)? Or can I stay in ILR for as long as I want?

Of course not, You can remain to be an indian citizen. E.g Lakshmi mittal is still only on ILR.

3. When I apply for ILR next year, and say my application gets rejected, can I then apply for my Tier 1 General extension 2nd time?




except for your behavioural reasons etc, (where I think for tier-1 they are a bit more relaxed) if your ILR gets rejected you tier-1 will get rejected as well actully as the criteria is almost the same, But why are you thinking of rejection. put up your case here and people will be able to advise, you are well in advance.


4. And do I need to get a B1 CEFR certificate, and LITUK test pass? I have got a degree taught in English language. And I have used it to satisfy my english language requirement for my initial Tier 1 visa, and extension here in UK.

LIUK is mandatory in your case, what is B1 cerf, english qualification ? LIUK will cover that aspect as well.
Hope this helps.
Please, can you give replies, my questions seem basic, but wanted to clarify on them to remove confusion.[/quote]

[sb2009]

Thanks for your responses....I have another query. I want to know if I can apply for ILR depending on my length of stay.

Following are my visa dates

Valid from of initial stamping: 28/01/09
Date of entry into UK: 08/03/09
Expiry of current extension: 02/03/14 (I had applied through post for extension, so I got a 1 month added here)

As I am falling short of 6 days for completing my 5 years stay, can I still apply for an ILR, or do I have to go for a 2nd extension?

[barker]

Your period of 5 years can be counted from the date the visa was issued if you entered the UK within 90 days from that date. So you are well within 5 years if you count from the 28/01/2009. Also you can apply for your ILR up to 28 days before the 5 year anniversary. So even if you calculate from 08/03/09 you can apply from the 09/02/14 onwards.

There is no need for any extension

[sb2009]

Thanks ID, ilrapplicant2013 and barker for your replies...

I have 2 more queries regarding my India citizenship after settlement, and KoLL.

For the first, does my citizenship have any effect/change after I get ILR? Like, any change in my citizenship, etc. As of now I am an NRI, but is there any other change/effect?

For the second, I have gone through the document mentioning the changes to KoLL from the October 2013. It is mentioned that anyone who is going to apply for settlement/naturalisation from Oct 2013 have to satisfy the below 2 as part of KoLL.

1) passing the life in the UK test; and
2) having a speaking and listening qualification in English at B1 CEFR or higher, or its equivalent.

The URL is http://www.ukba.homeoffice.gov.uk/sitec ... ettlement1

On the page 5 of the document(linked on this web page) it also says

=============================================================

We will accept a range of English language qualifications as evidence that an applicant has
met the requirement to hold a B1 level speaking and listening qualification. This will help ensure
that all those needing to take a test will be able to find one suitable for their needs and, so far
as possible, that no one who already has an English language qualification at B1 or above will
be required to take another one. So, for example, a person applying for settlement as a Tier 2
(General) migrant who has already demonstrated a knowledge of English equivalent to B1 level in
order to qualify for entry clearance, will not have to take a further test at settlement stage.

=============================================================

Does this mean only degrees earned in the UK will be considered for the B1 level English qualification?

Because I have read on the thread below that NARIC doesn't give the English level for the degrees earned outside UK, that it only mentions whether the degrees are equivalent to British Bachelors.

http://www.immigrationboards.com/viewtopic.php?t=13098

[barker]

Obtaining ILR does not have any effect on your Indian citizenship as it is only a type of visa that gives you the right to stay in the UK indefinitely. It does not give you any form of citizenship in the UK and therefore you remain an Indian national. You will need to surrender your passport within 90 days of obtaining British citizenship if and when you decide to do so.

I am not very clear on the new KOLL requirements. To be honest I have given them a miss as I will be applying for my citizenship before the deadline kicks in hopefully. Maybe the seniors could answer this one