Cohabitation, Section 3c/ gap in right to work & other questions

[Opeteme]

Hi Gurus, Moderators and Seniors,

Please I need help and clarification while my wife and I are preparing for our ILR under T1 Ent.

A bit of background to our journey:

We (my wife and I) entered T1 Entrepreneur route (initial visa granted) in Nov 2013. We put in our application for extension in Oct 2016 but was refused in Nov 2016.

We applied for AR within 14 days but was also refused after 28 days (late Dec 2016). We then put in our second application for extension within 14 days of AR's refusal in Jan 2017 and was eventually granted in May 2017.

During the period between Jan 2017 to May 2017 while we were waiting for a decision, we were notified by HO that we've lost our rights to work (temporarily) because section 3c didn't continue after AR.

Now, my questions are as follows:

1. When are we due to apply for our ILR - Is it Oct 2018 (28 days before the 5th year) or April 2019 (28 days before the expiration of our current visa)?

2. How many years of cohabitation do we need to prove - 2 or 3 years? And must this be consecutive? Reason is because we haven't lived together all through the years as she works in a different town. So there was a gap in between.

3. Is there any policy guidance that specifically state this (#2 above) requirement? - please help with the link.

4. My Wife had her degree outside of UK. While the policy guidance only make reference to NARIC the www.gov.uk/english-language/degrees-in-english website also states that a letter from the Institution confirming the degree was taught in English language must be provided. I have read in this forum lists of what some provided and can see that most applicants have only provided letter from NARIC. The institution is requesting for a ridiculous amount of money to provide such letter as it doesn't conform with their standard letters.

5. Can we use the Premium Service for ILR as there are 'speculations' that it's now ok for T1 Ent route?

Please your responses would be greatly appreciated.

Thanks

[marcnath]

1. Oct 2018
2 and 3. 2 years - The application form says - "Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse." The objective of this is to prove you had a continuing relationship throughout so breaks such as being away for work would not really matter. And in those cases, most probably you would not have changed the Utility bills or bank account addresses, anyway.
4. You don't need any evidence for your english language again.
Immigration rules Appendix KoLL (https://www.gov.uk/guidance/immigration ... endix-koll) Part 2 states
2.2 For the purposes of paragraph 2.1, an applicant demonstrates sufficient knowledge of the English language if:
....
...
or
(b) the applicant-
(i) has limited leave to enter or remain in the UK, and
(ii) that leave (or a grant of leave which preceded it provided any periods of leave since have been unbroken) was given on the basis that the applicant had an English language qualification at a minimum level of B1 on the Common European Framework of Reference for Languages.
(iii) at the date of application, the provider of that qualification continues to be approved by the Secretary of State as specified in Appendix O to these Rules.
...

Your wife probably qualifies under point (b)(ii)
5. There is no premium service for Tier 1 ILR

[Opeteme]

Thanks Marcnath for your response. I am grateful.

However, I am still a bit confused with your answer to question #4. The link says:

b(ii) that leave (or a grant of leave which preceded it provided any periods of leave since have been unbroken) was given on the basis that the applicant had an English language qualification at a minimum level of B1 on the Common European Framework of Reference for Languages.

I have been the main applicant not my wife and as such, I believe the paragraph is referring to me (the applicant) not my wife.

Marcnath, Gurus and Seniors in the house, please help.

Thanks

[marcnath]

Thanks Marcnath for your response. I am grateful.

However, I am still a bit confused with your answer to question #4. The link says:

b(ii) that leave (or a grant of leave which preceded it provided any periods of leave since have been unbroken) was given on the basis that the applicant had an English language qualification at a minimum level of B1 on the Common European Framework of Reference for Languages.

I have been the main applicant not my wife and as such, I believe the paragraph is referring to me (the applicant) not my wife.

Marcnath, Gurus and Seniors in the house, please help.

Thanks

That paragraph refers to any ILR applicant. Iny my own case, I did not provide any evidence for my spouse and claimed points on the basis of having qualified in the initial application (which was required then).
But I was just checking and I guess you never had to provide language evidence when your dependant first applied - in which case yes, you have to provide that evidence. Unfortunately, it does look like you need the letter from the institution. It may be easier for your wife to do a test now and qualify on that basis.

[Opeteme]

Thanks Marcnath.

Your response is appreciated.

Zimba, Vinny, CR001 and others - please is there anything / advice you'll like to add to Marcnath's answers and suggestions?

[CR001]

Get your wife to do the B1 test. It is the same cost as NARIC and quicker result.