Spouse ILR

[fahsag]

Hi Members,

Apologies in advance if the question is already asked. I have a question regarding the qualifying period of my wife to apply for ILR.

I have recently become a British National. My wife arrived in UK on 21st June 2012 (visa issued 25th May 2012) . I am looking to apply for her ILR around the 10th of May 2014 as this is within the 28 days of her 2 years qualifying period. Am I ok to do this or should I take into account the date she arrived rather than the date she was granted the initial visa?

Many thanks for your help.

Regards,
fahad

[Amber]

A bit early, she can apply for SET(M) from 28 days before 21st June 2014. B1 English and LIUK required in addition to cohabitation proof.

[vikram1784]

This is question rather then reply to the thread
i hve applied for spouse ilr (postal) on 17th march 2014 n received acknowledgement letter on 21st march dated 19th march 2014 and then i hve received biometrics enrollment letter on 5th April dated 3rd April 2014 n i did my biometrics on 8th April 2014.....so my question here is......is it a normal practice of Home Office to first get the biometrics and then start processing the application for ILR ???
coz last time when i submitted FLR M i did my biometrics n got documents n biometrics residence permit in weeks time...so it gonna be same for ilr application???
thanks in advance for replies

[Amber]

You should have a decision within 6 weeks, biometrics is done regardless of the decision.

[fahsag]

Thanks Amber_.

I thought there is normally a 90 days concession from the date the visa is issued and when you arrive in UK. Does that not apply to FLR(M) applicants?. Althought my wife arrived on 21st June '12, the visa was issued on the 25th of May '12.

Thanks a lot for your help on this.

Kind Regards,
Fahad

[tmpmem]

It is not really a "Concession". The entry clearance is valid for 27 months and the person needs to enter the UK within 3 months of issue. This is to ensure that the person can complete 2 years in the UK before applying for ILR.
Application for ILR can be made only when a person has completed 2 years in the UK, or within 28 days before that date.

Thanks Amber_.

I thought there is normally a 90 days concession from the date the visa is issued and when you arrive in UK. Does that not apply to FLR(M) applicants?. Althought my wife arrived on 21st June '12, the visa was issued on the 25th of May '12.

Thanks a lot for your help on this.

Kind Regards,
Fahad

[fahsag]

Great - Thanks tmpmem.

I was confusing it with when I applied for ILR. Although a different catefory, it was a same situation where I was issued the visa in February and arrived a month later in March but still applied for ILR 28 days from Feb's date. Is that because I already had one extension for Tier-1 general?

Thanks
Fahad

[tmpmem]

I don't know the exact dates of your previous visas, so can't really say much.
But, it could be that you completed 5 years in Feb, and therefore were eligible to apply.
Or perhaps you were just lucky that HO granted ILR despite you applying too early.
I have heard that sometimes, when people send postal applications a few days too early, HO ignores the gap or by the time case worker opens the case, the applicant has completed the required period of stay.

But unless there is a risk of overstaying, I would suggest not to take risk and submit the application strictly as per the eligibility rules which is - within 28 days before completion date (i.e. 2 years stay).

Great - Thanks tmpmem.

I was confusing it with when I applied for ILR. Although a different catefory, it was a same situation where I was issued the visa in February and arrived a month later in March but still applied for ILR 28 days from Feb's date. Is that because I already had one extension for Tier-1 general?

Thanks
Fahad

[fahsag]

Thanks for your help. I will now apply towards the end of May to make sure it's witin 28 days of 21st June.

Kind Regards,
Fahad

[perfect123]

hi Guys

can you guys confirm that "Application for ILR can be made only when a person has completed 2 years in the UK, or within 28 days before that date."? i dont see this statement of 28days before 2 years eligibility of ILR on UKBA. please if anyone of you have the link please share with us.

thanks for your help in advance.

regards
Azzu

[Amber]

See SET(M) guidance notes (click) at question 5.

[perfect123]

Hi Amber,

Many thanks for you reply. it really make me feel relaxed

i have few more questions if you have any knowledge of these please reply to this post.

Actually my 1st year was on Tier 2 General from my previous employer (from 16 May 2009 till April 2010) and then in april before 6th April 2010 i got my Tier 1 general visa. I got my extension in March 2013 which is valid until March 2015. I should say I am already eligible to apply for my ILR but i am waiting for few more months so that my wife finishes her 2 years qualification period so that we can apply together. my wife got visa in June 2012 and she arrived UK on 18th september 2012. She is finishing her eiligibility of 2 years on 18th september 2014, and she can apply for ILR 28days before 18th september 2014.

My question is as i was on Tier 2 for one year, what document and what should be filled on the Set(o) application form? do i select in the form as "applying for ILR in Tier 1 route? just getting confused with this 1 year Tier 2 thing. Do we need to mention anywhere on the form regarding Tier 2 period what I worked on for the 1 st year of my 5 years eligibility? Please if you have any info on this one, please let me know.

My another question is regarding UK NARIC english language assessment for my wife, as she is having her bachelors and MBA degrees. Can she use UK NARIC english language assessmnet for her ILR english langauge requirement???

My last question is, my wife was away from UK for 5 months due to her maternity, is this 5 months away from UK going to effect her eligibility period???

Any info is highly appreciated.
cheers

[Amber]

If you've got prof of employment whilst on T2 include that. 5 months maternity should be ok. If your wife's degree is awarded 20 or more points for qualification and 10 for English Skills on the PBS calculator, a print out should suffice.

[perfect123]

Thanks for your reply. Yes i do have certificate of sponcership for Tier 2, i have got payslips from my Tier 2 employer and i think i also got P60. hope this should be suffice. Do i need to mention on application form that i worked 1 year on Tier 2???

regarding my wifes english language requirement, you mean to say she dont have to do UK NARIC or IELTS? I have seen the requirement for dependent is english language test is must or UK NARIC English langauge assessment cert is suffice. Please help me out in this matter.

And what proof do you think would be needing for 5 months maternity? she went back home on her own and she came back along with me and my child. What kind of evidence home office would be needing?

thanks.

[Amber]

They'll know you were on T2 just include the evidence.

I've answered the degree question you need to check the PBS calculator.

[perfect123]

Hi Amber

thanks for your response. My wife got degree from India. I recently got letter from UK NARIC as I applied for UK NARIC English Language Assessment for my wife. the letter says the level of english: "The level of english langauge for the above degree course is considered to meet the requirements of CEFR level C1".

Do you think this letter is enough for english language requirement for my wife??? or do i need to get a letter from my wifes university??? I have seen few post where the guys are saying the degree needs to be comparable to UK degree. Just getting confused with the posts.

And also do we have any success applicants with Spouse UK naric english language assessment???

do we also have any email ID to contact regarding this english language requirement? if yes please post it here.

please share your thoughts.
regards