ILR Application Query

[meratier1]

Hi All,

I have my ILR in next year May and It would be great if anyone can answer my below queries:

1) I got Visa on 23rd May 2010 and I came to UK on 20 June 2010. Since then I might have been outside UK on different holidays for around a total of 100 days. I have T1 General visa till 23rd May 2015. When is the earliest I can apply for my ILR?
Is it as simple as right 28 days before the expiry only OR can I do like 80 (180 -100) days before my expiry date ?

2) My wife joined me in Sept 2010 so she should be able to apply ILR with me. Right?

3) I am considering that I don't have to give English Test because I have used my Degree in T1 General extension but for my wife, I need to get her Bachelor Degree validated with UK NARIC so that she doesn't have to give the English test right ?

It would be great if anyone can guide me here.

Thanks.

[ashehzi]

1) I got Visa on 23rd May 2010 and I came to UK on 20 June 2010. Since then I might have been outside UK on different holidays for around a total of 100 days. I have T1 General visa till 23rd May 2015. When is the earliest I can apply for my ILR?
Is it as simple as right 28 days before the expiry only OR can I do like 80 (180 -100) days before my expiry date ?

Answer: 28 days only

2) My wife joined me in Sept 2010 so she should be able to apply ILR with me. Right?

Answer: Yes

3) I am considering that I don't have to give English Test because I have used my Degree in T1 General extension but for my wife, I need to get her Bachelor Degree validated with UK NARIC so that she doesn't have to give the English test right ?

Answer:

Degrees taught or researched in English
You’ll need to prove your degree was both:

taught or researched in English
confirmed by UK NARIC as the equivalent of a bachelor’s, master’s or PhD degree in the UK
You’ll need your original degree certificate and one of the following:

a printout from the points-based calculator with the equivalent level of your degree and the level of English
an original letter or certificate from UK NARIC confirming the equivalent level of your degree, plus an official letter from your university with your name and degree confirming that your degree was taught in English
an original and official certificate from your university confirming the degree was taught or researched in a majority English-speaking country (except Canada)

Ref:https://www.gov.uk/english-language

[meratier1]

Thanks mate.

So we both have our original degree certificates with us. That means we can :
1) Show the original degree certificate
2) Take the print-out from Point Based Calculator showing the Degree is found in UK Naric database.

It's really not necessary to get a letter from UK Naric as condition says "Original Degree certificate and One of the following"

One question here though, In Point Based Calculator, it shows that your degree is available in our database but doesn't confirm anything about level of English? Is it enough for degree to be there in UK Naric database for level of English as well?

One more thing, As I can apply only before 28 days then I'm thinking of planning an overseas trip in February 2015 so it should be fine as I have T1 General valid till 23rd May 2015.

Thanks.



Thanks.

[meratier1]

Hi All,

Do you think I have got it right above?

Thanks

[meratier1]

Hi Guys,

It would be great if anyone can reply to my query.

Also my visa timings are below, I got Visa on 23rd May 2010 and I came to UK on 20 June 2010. Since then I might have been outside UK on different holidays for around a total of 100 days. I have T1 General visa till 23rd May 2015.

I think I don't need any extension but just want to double check because I'll have to apply for ILR after 5th April 2015 (when extensions are closing).

Thanks.

[ashehzi]

your first entry into UK was within 90 days of your first visa issuance. Also, you have never been out of UK for more than 180 days in any of the five years, so you are safe and you don't need to apply for extension.

I understand your concern about April 2015 as I came to UK after 90 days of first visa issuance, hence I got early extra extension keeping April 2015 in view.

Regards.

[spzenthil]

I have posted the exact query here as well

http://www.immigrationboards.com/indefi ... 77512.html

If ashehzi or any other experts can comment on the english language requirement it would be really helpful.

Thanks,
-Senthil

[meratier1]

Thanks for your reply mate. The reason I am worried because I came to UK on 20 June 2010 and my 4 years 11 months 2 days will complete on 22 May 2015 so I will be left with only 1 days to apply( as my current Visa is valid till 23 May 2015). So am I correct here or I can apply 28 days before 23 May 2015 means I can apply starting 25 April 2015?
Thanks

[meratier1]

Hi All,

I accept that I haven't been particular in asking my question but can someone please reply to my above question as that will let me decide whether I need to do an extension or not? Also if I don't need to then what will be the earliest date I can apply for my ILR?

Thanks

[CR001]

I can apply 28 days before 23 May 2015 means I can apply starting 25 April 2015

Because you entered the UK within 90 days of your visa start date!! This is covered many times in the forum.

[meratier1]

Hi Mate,

Thank you very much for your reply. Literally when I received your reply, I was able to find the answer in another query too. I have just posted link as well from that thread so that it helps anyone else too who visits my query. Below is that information.......

Guidance –ILR – calculating continuous period in the UK @ Page 21 wrote:
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed traveling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.


https://www.gov.uk/government/uploads/s ... eriods.pdf

Thanks.