ILR - Spouse Visa - Some questions

[vnkotak]

'Hi,

I have some questions on ILR visa for my wife.

Can masters and gurus over here please please help me solving the questions?

Background:
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She first came here in Aug-2011 on Tier 1 dependent. My visa was valid until May-2012, so she had got her visa until then. In Apr-2012 I got my ILR (as completed 5 years). After my ILR, we applied her visa in Apr-2012 through post and got it for 2 years in Aug-2012, that is, until Aug-2014. So her visas are from Aug-2011 to May-2012 and Aug-2012 to Aug-2014. She has now completed more than 2 years in this country since her first entry in Aug-2011.

Questions:
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1. The form that she needs to apply is - SET(M)... Right?
2. She has passed ESOL - Entry 1 exam for Speaking and Listening during her visa extension in Apr-2012, so can we submit the same this time as well for ILR application? Hope that certificate doesn't have any expiry date?
3. What are the supporting documents do we need to submit with her application? She is not working. She is housewife.
4. I hope number of absences are not considered in SET(M)? I know in SET(O) there were 180 days restrictions. My wife was out of UK for quite a few days. Around 4 months from Oct-2012 to Feb-2013 and around 1.5 months from Jun-2014 to Jul-2014.
5. Any other thing that we should take care? Guys with recent applications that might have faced any issues?
6. Any other docs from my side that I need to give apart than usual ones?
7. Marriage certificate from India are accepted? Or do we need to certify that here as well? In Apr-2012, we first went to Glasgow office to get her visa extension, but they said they can't verify marriage certificate and hence suggested to apply by post. But I checked with quite a few friends and they said at Croydon office their marriage certificate was accepted. Not sure if there is any change lately?

It would be really great to get help from people over here.

Thanks in advance

Regards,
VK

[vnkotak]

Not a single reply... No guru's active on the thread here

Please someone help me.

Also one more question, the exam she gave for ESOL is A1. Is that fine or do we need B1 for Settlement?

[WR1]

I'll try to answer as best as I can. Have a read through the guidance documents that accompanies the application form. It sets out what documents you need to submit and what needs to be included. All this can be found on the gov website.

To clarify regarding the English test, no, it cannot be used. ESOL at Entry Level 1 is equivalent to English Level A1 of the CEFR and is fine for spouse visa or applying for further leave to remain FLR(M), but for settlement or citizenship, the requirement is actually higher. You are required at achieve Level B1, so you need ESOL at Entry Level 3 speaking and listening as a minimum.

In addition to this, you will also need to pass the life in the UK test for settlement applications. So both English B1 and LIUK are required.

Questions:
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1. The form that she needs to apply is - SET(M)... Right?
SET(M) is for applying for spouse settlement. This could be the form or it maybe SET(O), maybe someone can confirm.
2. She has passed ESOL - Entry 1 exam for Speaking and Listening during her visa extension in Apr-2012, so can we submit the same this time as well for ILR application? Hope that certificate doesn't have any expiry date?
NO, for settlement, you need to achieve at least English at level B1, this is equivalent to ESOL at Entry Level 3. In addition to this, you also need to pass the Life in the UK test.
3. What are the supporting documents do we need to submit with her application? She is not working. She is housewife.
See guidance notes for SET(M) on gov website. You will need cohabitation documents (at least 6 documents from 3 sources spanning over 2 years)
4. I hope number of absences are not considered in SET(M)? I know in SET(O) there were 180 days restrictions. My wife was out of UK for quite a few days. Around 4 months from Oct-2012 to Feb-2013 and around 1.5 months from Jun-2014 to Jul-2014.
Absences should be limited with good reason. Best to explain the reason for absences in the application form.
5. Any other thing that we should take care? Guys with recent applications that might have faced any issues?
Try avoiding doing some English tests that are under investigation, such as EMD, and ETS TOEFL, TOEIC.
6. Any other docs from my side that I need to give apart than usual ones?
Your usual employment, earnings etc...
7. Marriage certificate from India are accepted? Or do we need to certify that here as well? In Apr-2012, we first went to Glasgow office to get her visa extension, but they said they can't verify marriage certificate and hence suggested to apply by post. But I checked with quite a few friends and they said at Croydon office their marriage certificate was accepted. Not sure if there is any change lately?
Make sure you have the marriage certificate translated for submission.

[Amber]

Where questions have been answered before, they tend not to attract the attention of senior members.