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PBS Dependent Spouse ILR Application - SET (O) and KOLL

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Sunlight17
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PBS Dependent Spouse ILR Application - SET (O) and KOLL

Post by Sunlight17 » Sun Aug 27, 2017 12:18 am

I am preparing ILR application for my wife who has completed 5 years in the UK (arrived August 2012). She is presently a PBS (Tier 1) Dependent. I received my ILR last year. I understand she needs to apply using form SET (O). In this regard we had the following questions:

1. I suppose she does not need to fill Section 9 of form SET (O) ?
2. In relation to section 5, what is the minimum amount of funds / income required to demonstrate ability to maintain and accommodate herself without recourse to public funds ? Do we require to submit any documents other then bank statements ?
3. Are there any limits on absences from UK per annum or over 5 years taken together ?
4. Finally with respect to meeting knowledge of language, at time of her previous application for leave to remain as PBS Dependent (via premium service on 18 April 2016), we had submitted along with her Indian Bachelor's degree a print out of the PBS calculator showing 10 points towards her Indian Bachelor's degree to support her knowledge of English. I believe this should suffice again for her current ILR application and a separate NARIC statement would not be required. Can you please confirm ?
This is based on the below statement found in latest KOLL guidance:
"If we have previously accepted a degree qualification as meeting the requirements for an
earlier application, and leave was granted, we will not need additional confirmation from
NARIC. If the qualification has not previously been used for an immigration application, or
the previous application was refused, the applicant must obtain confirmation from NARIC
that it meets the relevant criteria."

Thank you very much for your guidance.

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CR001
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Re: PBS Dependent Spouse ILR Application - SET (O) and KOLL

Post by CR001 » Sun Aug 27, 2017 11:00 am

1. I suppose she does not need to fill Section 9 of form SET (O) ?
Yes, wife as main applicant.

2. In relation to section 5, what is the minimum amount of funds / income required to demonstrate ability to maintain and accommodate herself without recourse to public funds ? Do we require to submit any documents other then bank statements ?
No maintenance funds, but I understand you need to submit bank statements (3 months).
3. Are there any limits on absences from UK per annum or over 5 years taken together ?
No, not for PBS Dependents.
4. Finally with respect to meeting knowledge of language, at time of her previous application for leave to remain as PBS Dependent (via premium service on 18 April 2016), we had submitted along with her Indian Bachelor's degree a print out of the PBS calculator showing 10 points towards her Indian Bachelor's degree to support her knowledge of English. I believe this should suffice again for her current ILR application and a separate NARIC statement would not be required. Can you please confirm ?
This is based on the below statement found in latest KOLL guidance:
"If we have previously accepted a degree qualification as meeting the requirements for an
earlier application, and leave was granted, we will not need additional confirmation from
NARIC. If the qualification has not previously been used for an immigration application, or
the previous application was refused, the applicant must obtain confirmation from NARIC
that it meets the relevant criteria."
PBS Dependent extensions DID NOT have to meet the English Test so if this was submitted, it would not have been looked at or counted as it was not a requirement. English language requirement for PBS Dependent is ONLY required for ILR. PBS Calculator is no longer accepted. She either needs UK NARIC ELA UKVI red route or the B1 English SELT test from an HO approved test provider. Both cost the same but B1 Test is quicker.
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Sunlight17
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Re: PBS Dependent Spouse ILR Application - SET (O) and KOLL

Post by Sunlight17 » Sun Aug 27, 2017 8:16 pm

Many thanks for your guidance CR001.

One follow up question we have is that my wife has a post graduate diploma in strategic marketing from a UK university. Will this meet the knowledge of language requirement ?

Thank you once again.

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Re: PBS Dependent Spouse ILR Application - SET (O) and KOLL

Post by CR001 » Sun Aug 27, 2017 8:42 pm

She needs a UK degree to meet the language requirement. I am not sure a diploma is sufficient.
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Sunlight17
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Re: PBS Dependent Spouse ILR Application - SET (O) and KOLL

Post by Sunlight17 » Sat Sep 02, 2017 12:28 pm

Thank you for your response CR001.

It would appear from the KOLL guidance published for HO staff dated June 2016 (page 37) that post graduate or graduate diplomas from UK university are considered to have the required level of English for a settlement/citizenship application.

Would be good to know if recent settlement/citizenship applications based on post graduate or graduate diplomas have been successful.

Thank you!

Sunlight17
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Re: PBS Dependent Spouse ILR Application - SET (O) and KOLL

Post by Sunlight17 » Sat Nov 18, 2017 4:15 pm

Post Graduate Diploma from UK university is acceptable for ILR. Just made a successful application.

KR

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