ILR for wife - unsure of new requirements

[moviesmastimagic]

Hi All,

Greetings to everyone.

I have got a query about new requirements which will be applicable when we apply ILR for my wife. Unfortunately, we are going to fall foul of new rules by exactly one day and hence the confusion. The UKBA website has nothing to clarify the requirements which apply in our situation. So seeking opinion of experts here.

My wife came to UK in Apr 2009 (after marriage) - on her own tier 1 visa. Not as my dependent. (She had been in UK before on Work Permit and Business visas but gaps had been large enough that she could not get those counted)

She then switched to Spouse Visa in Nov 2011. Her Residence permit expires on 25/11/2013 (Date is important). Now, earliest she can apply to get ILR is 28 Oct 2013 (28 days rule).

And that is the day, unfortunately, when new KoLL requirements began to apply. From this day onwards, one would supposedly need English Language B1 CEFR level as well as Life in the UK test pass certificate.

We are however not sure whether these requirements will apply in her case though. Different parts of website seem to give different information.

Application forms and Guidance notes for SET(M) are not yet updated since the requirements do not become mandatory till Oct 28.

However, I checked the dates for Cambridge ESOL etc online, the tests seem to have very limited availability and are conducted only once or so a month by many providers.

In many places, the website seem to apply those who have degree taught in English will not need to demonstrate ESOL level B1. At other places it says that it will not be needed by those who demonstrated at time of their Tier 1/Tier 2 applications.

My wife did get EC based on her degree deemed acceptable of course, and entered on base of that visa. But then switched category.

Summary, we are totally confused whether she will need to take the ESOL test or not.

She has the qualification which might mean she does not need to, but current visa category means she might need to, but again entered UK on basis of that qualification and having already proved/satisfied the English requirement. Problem gets more complicated because there seem to be only very few test dates available in 2 months we have got left - and UKBA is in no hurry to clarify further on their website

I tried to call up UKBA - but obviously after 90 minutes of being on hold - on 0870 number on my mobile - I gave up. Obviously I needed to report back to my desk at work too

Thanks in advance to anyone who can clarify

[geriatrix]

If she was awarded points for English language on basis of her qualification when she applied for entry clearance as a PBS migrant, there's nothing to worry about.

Check if the PBS calculator awards 10 points for your wife's qualification in the "English Language" section of the calculator. If it does, take a printout. This printout along with the degree certificate is all you need to prove that your wife meets the requirement.

[moviesmastimagic]

Thanks sushdmehta

Can you provide a link where this is confirmed in context of SET(M) application?

[geriatrix]

Wait until close to 28-Oct. when the new requirement will be introduced. A link / document will then be available which should confirm the same in context of SET(M) or, if any different, provide you with detailed information about alternatives.

Since this is not a requirement under current rules for SET(M), there is no document / link to share.

Similar requirement (at A1 level, not B1) exists for FLR(M), and the information is available here.

[Amber]

See the statement of intent (click)

[geriatrix]

I didn't provide the link to SOI because it doesn't specifically refer to PBS calculator.

I expect a Q&A document (for SET(M) to be published nearer to the time, and that should include information about using PBS calculator to determine if qualifications meet the specified requirements, just as one currently exists for FLR(M) applicants.

Probably they will modify the same document, replacing A1 with B1?

[Amber]

Indeed, for certainty, a degree that is comparable to a UK degree as per NARIC and was taught in English is acceptable.

[UKBALoveStory]

Indeed, for certainty, a degree that is comparable to a UK degree as per NARIC and was taught in English is acceptable.

Any reference to UKBA website please?

[Amber]

Indeed, for certainty, a degree that is comparable to a UK degree as per NARIC and was taught in English is acceptable.

Any reference to UKBA website please?

Yes, the statement of intent I linked above.

[john353]

Yes it is clear that degree will be acceptable for english. But the problem is that UkBA hasn't specified any details, for instance does it has to be as per the pbs calculator or direct NARIC certificate is enough? Hope they clarify this soon for those on dependent visa applying for ILR.

Atleast for partners of those already citizens and settled persons, the degree need not be necessarily on the PBS calculator.

http://www.ukba.homeoffice.gov.uk/sitec ... icants.pdf

Extracted from above link

Question I have a degree/PhD but it is not included on the points based calculator.
Will you still accept it as evidence I meet the English requirement? "

Answer: We can only accept Bachelor’s or Master’s degrees and PhDs that are
recognised by UK NARIC.
If your Bachelor’s or Master’s degree or PhD is recognised by UK NARIC
please submit evidence of your qualification as indicated above.
If you cannot find your Bachelor’s or Master’s degree or PhD on the pointsbased calculator, you may still be able to use it to meet the English
requirement. In these circumstances you should contact UK NARIC directly
for an assessment of the level of the qualification and, if UK NARIC confirms it is of the required level, obtain a letter and/or confirmation certificate from UK NARIC. You can find a link to the UK NARIC website below. It is an
independent website, for which we are not responsible. It may charge a fee for
confirming qualifications. http://www.naric.org.uk/
You can then supply this statement of compatibility from UK NARIC with your application. However if UK NARIC cannot confirm the equivalence of your qualification you will not be able to use it to meet the new English language requirement.

[Amber]

Ultimately, the PBS calculator is not really important it is the NARIC statement of comparability which is what governs whether the degree is comparable to a UK degree or not.

[moviesmastimagic]

All helpful responses here.

I am inclined to agree with viewpoint that there will be no requirement for her to take the English test.

Yesterday I called up UKBA (two times) - first time a lady told me she was 100% confident that she wont be required to take the test. Second time a Gent told me basically, he doesn't know and he would not answer either way (I tried to rephrase it number of times - but the guy would not change his answer). They are not sure of rules themselves yet

Basically answer is wait and see !

[UKBALoveStory]

All helpful responses here.

I am inclined to agree with viewpoint that there will be no requirement for her to take the English test.

Yesterday I called up UKBA (two times) - first time a lady told me she was 100% confident that she wont be required to take the test. Second time a Gent told me basically, he doesn't know and he would not answer either way (I tried to rephrase it number of times - but the guy would not change his answer). They are not sure of rules themselves yet

Basically answer is wait and see !

I have seen some FOI request regarding this but no reply from home office. I think, they will clear things near to Oct 2013.

[moviesmastimagic]

I called up UKBA again today. This time the lady who answered call confirmed that if applicant holds degree taught in English, it will be accepted - provided a confirmation from UK NARIC is attached to application.

UK NARIC issues English Language Assesment for your degree:
http://ecctis.co.uk/naric/Individuals/C ... sment.aspx
(Even though this does not mention spouse visa specifically, but UKBA will accept it)

Besides pointing me to Statement of Intent, she quoted the clarification from another document which she said is not available on UKBA website yet but will be uploaded in due course.

[Amber]

I called up UKBA again today. This time the lady who answered call confirmed that if applicant holds degree taught in English, it will be accepted - provided a confirmation from UK NARIC is attached to application.

UK NARIC issues English Language Assesment for your degree:
http://ecctis.co.uk/naric/Individuals/C ... sment.aspx
(Even though this does not mention spouse visa specifically, but UKBA will accept it)

Besides pointing me to Statement of Intent, she quoted the clarification from another document which she said is not available on UKBA website yet but will be uploaded in due course.

That is not the correct comparison, it needs to be a NARIC statement of comparability (click). with the original degree certificate and proof it was taught in English.

[ss27]

Hi Guys

Need to ask a question my wife s visa expiring on 19th November 2013 when should i apply for ILR

she had 27 months visa

is it ok if i apply after 19th October 2013

thanks

[vinny]

When did she initially enter the UK on her spouse visa?

[ss27]

When did she initially enter the UK on her spouse visa?

07th September2011

[vinny]

She may apply for ILR between now and 18 November 2013.

[ss27]

She may apply for ILR between now and 18 November 2013.

Thanks alot

i wll start filling the form today, and i wll post it arount 19th oct as they mention should not apply before 28 days of visa expiring

and also if posible need alist of paper work which need to submitt with application

Thnx

[sndp]

I called up UKBA again today. This time the lady who answered call confirmed that if applicant holds degree taught in English, it will be accepted - provided a confirmation from UK NARIC is attached to application.

UK NARIC issues English Language Assesment for your degree:
http://ecctis.co.uk/naric/Individuals/C ... sment.aspx
(Even though this does not mention spouse visa specifically, but UKBA will accept it)

Besides pointing me to Statement of Intent, she quoted the clarification from another document which she said is not available on UKBA website yet but will be uploaded in due course.

That is not the correct comparison, it needs to be a NARIC statement of comparability (click). with the original degree certificate and proof it was taught in English.

So the degree getting listed in PBS calculator is not enough? Is NARIC statement mandatory?! Another 2*46pounds + VAT to spend

[ss27]

She may apply for ILR between now and 18 November 2013.

Thanks alot

i wll start filling the form today, and i wll post it arount 19th oct as they mention should not apply before 28 days of visa expiring

and also if posible need alist of paper work which need to submitt with application

Thnx

Hi All
What should be answer for this question
i am filling the Set m form

2.9 Page 9 of 35 Could you and your partner live together outside
the UK if necessary?

Please help