ILR from Tier 1 (General) - My Situation

[risingmoon19]

Hello Everyone,
I have couple of questions regarding eligibility of myself and dependents for ILR. Can you please advise

Main Applicant
My ILR is not due until JAN 2016 but I would like to know whether myself or my dependents need an extension before JAN 2016 so here are my timelines:

Tier1 (General) Visa Granted: 31st JAN 2011
First Entry in UK: 09th MAR 2011 (39 Days)
First visit outside UK: 18th SEP 2011 - 04th of OCT (18 Days)
First Extension: 18th JAN 2013
Visa Validity : 31st JAN 2016

I have not been out of country since 04th of OCT, 2011 and have not spent 180 days in any one calendar year out of UK

Now my understanding is that earliest I can apply for ILR is 03rd of JAN 2016 (31st JAN - 28 days). can you please confirm if this is correct?

Dependents
Now here is the timeline for my dependents:

Tier1 (General) Dependent Visa Granted: 04th of April, 2012
First Entry in UK: 17th of April, 2012
Both have not been out of country since

Am I correct in assuming that they can apply with me as they arrived before July 2012? Please confirm.

[Malik44]

Yes you both are eligible to apply ILR at same time on or after 3rd Jan 2016.

[risingmoon19]

Yes you both are eligible to apply ILR at same time on or after 3rd Jan 2016.

Thanks for the quick reply Malik. Can I also please confirm that dependent needs to pass both English lanuage test as well Life in UK. Can you please confirm if ESOL Level 1 is acceptable as an english language test?

Also, I am bit about confused about letter from employer with regards to absences. Is that both within UK and outside UK or just outside UK.

Your quick reply will be much appreciated!

[Malik44]

Can I also please confirm that dependent needs to pass both English language test as well Life in UK.

Can you please confirm if ESOL Level 1 is acceptable as an english language test?

Yes main applicant and dependent both need to pass Life in UK Test and English language course please read
https://www.gov.uk/english-language


Also, I am bit about confused about letter from employer with regards to absences. Is that both within UK and outside UK or just outside UK.

If your absence is less then 180 days then you don't need to provide letter from employer.

Your quick reply will be much appreciated!

[O_Relly]

Yes main applicant and dependent both need to pass Life in UK Test and English language course please read
https://www.gov.uk/english-language

Main applicant need not sit the English Language Test as this was satisfied already during previous extensions.

If the dependent applicant's university is listed in the PBS calculator, it is enough to submit a printout of the PBS summary sheet, along with original university certificates. If you search the forum, you will find people who have done this successfully.

[risingmoon19]

Guys,

I have another question if you don't mind answering.

Our child will start school in September. We spoke to paediatrician who said he will need speech therapy at school to assist him with his language and communication.

I spoke to head teacher at school who confirmed that local council will be funding speech therapy classes. Is this something that can be considered as a benefit?

If so, can I make an offer to fund this myself.

Many thanks for your assistance so far!

[O_Relly]

Guys,

I have another question if you don't mind answering.

Our child will start school in September. We spoke to paediatrician who said he will need speech therapy at school to assist him with his language and communication.

I spoke to head teacher at school who confirmed that local council will be funding speech therapy classes. Is this something that can be considered as a benefit?

If so, can I make an offer to fund this myself.

Many thanks for your assistance so far!

Are you sure the funding is from the local council instead of the NHS ? If it is NHS, you are entitled to this, not so sure about local council. I would imagine, as you pay council tax, you should be covered there as well.

[krishna6693]

Funding would not come into your account and should not be considered as benefit. anything which is not listed as benefit by HO would not be considered as benefit. E.g. 15 hrs free nursery time, is not a benefit. If you are still concerned, shoot an email to HO and keep this as reference.

[risingmoon19]

Thanks Guys

I checked the list of benefits and its definitely not listed.

School said that local council is funding those extra hours but as you expect NHS is involved and they have full visibility of how much extra care the child is getting at the school. This is what I have found on the web regarding additional educational support and I am pretty sure that’s what local school was referring to:

https://www.gov.uk/children-with-specia ... a-SEN-help

Please let me know if this is something I need to check with HO.

Thanks in advance!

[krishna6693]

If it was me, I will email HO for peace of mind and submit the communication along with my application.

[risingmoon19]

Thanks Krishna,

Can I request you to share HO email address with me as search on the google didn't return anything useful

[krishna6693]

generalimmigrationenquiries@homeoffice.gsi.gov.uk

public.enquiries@homeoffice.gsi.gov.uk

I emailed my question to 2nd one but received reply from first.

[risingmoon19]

Thanks