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From Tier 4 to ILR long residence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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londonphd
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From Tier 4 to ILR long residence

Post by londonphd » Mon May 23, 2016 10:53 am

Having secured funding for PhD course, I ended up staying in the UK for 10 years, hopefully in Sep 2016. I've a job offer with potential Tier 2 sponsorship. I have four dependents (one adult and three kids) living in the UK with me. I am a bit undecided as to what to do next:

1. Should I apply for ILR in August? If I do so, will my wife have to take English language test to stay in the UK as my dependent? My fear is, she may not be able to ramp up her English to be able to pass the test by the time her current status (Tier 4 depedent) expires in July 2017. She's been looking after the kids for the past 5 years, only good at speaking. Perhaps, she needs to go on a brute-force mode...

2. Should I just go ahead with the Tier 2 sponsorship? If I do so, the fee to pay is huge to get the right to stay for just three years. On the other hand, my wife will be able to improve her English skills and pass the test before we apply for ILR.

Hope to hear from you.
Thanks.

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CR001
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Re: From Tier 4 to ILR long residence

Post by CR001 » Mon May 23, 2016 11:29 am

The choice is yours. If you choose to apply for ILR based on long residence, your dependents will have to apply to switch to FLR(M) and your spouse will need the English test (currently level A1) and you will have to meet the financial requirements.
Char (CR001 not Casa)
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londonphd
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Re: From Tier 4 to ILR long residence

Post by londonphd » Mon May 23, 2016 11:39 am

CR001 wrote:The choice is yours. If you choose to apply for ILR based on long residence, your dependents will have to apply to switch to FLR(M) and your spouse will need the English test (currently level A1) and you will have to meet the financial requirements.
Thanks, the only issue I have is my wife's language proficiency, I think she has a level 1 ESOL certificate only. May have to just fork out £6300 for the three year extension and then apply for IRL later. This makes the total fee to pay 12K+ in the end.

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CR001
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Re: From Tier 4 to ILR long residence

Post by CR001 » Mon May 23, 2016 11:53 am

Has she attempted to do the English test? It is not very difficult. Perhaps she should try.
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londonphd
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Re: From Tier 4 to ILR long residence

Post by londonphd » Mon May 23, 2016 12:16 pm

CR001 wrote:Has she attempted to do the English test? It is not very difficult. Perhaps she should try.
I will see, I will need to find mock tests and try, perhaps available on the internet. Do you know of any source?

londonphd
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Re: From Tier 4 to ILR long residence

Post by londonphd » Mon May 23, 2016 12:19 pm

Another quick question, can she remain in the UK on her current visa after I get my ILR? She is currently on Tier 4 dependent visa, it will expire in July 2017. If she can, then, I should get her to go to college to continue studying ESOL or any other English language course for beginners. We could then transfer her status to ILR dependent next year.

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CR001
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Re: From Tier 4 to ILR long residence

Post by CR001 » Mon May 23, 2016 12:36 pm

ESOL is no longer accepted and has been removed from the HO approved list.

She could switch visas next year but she should not travel out of the UK as she risks being refused entry due to her visa technically not be valid due to you applying for ILR based on long residence.

Trinity college has youtube videos that show what the simple test is about. There is no 'studying' for the test as such.
Char (CR001 not Casa)
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londonphd
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Re: From Tier 4 to ILR long residence

Post by londonphd » Mon May 23, 2016 12:39 pm

CR001 wrote:ESOL is no longer accepted and has been removed from the HO approved list.

She could switch visas next year but she should not travel out of the UK as she risks being refused entry due to her visa technically not be valid due to you applying for ILR based on long residence.

Trinity college has youtube videos that show what the simple test is about. There is no 'studying' for the test as such.
Great, many thanks for your time and advice!

I've just found some videos on youtube, but they do not appear to be Trinity college ones. I will keep searching. Thanks.

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CR001
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Re: From Tier 4 to ILR long residence

Post by CR001 » Mon May 23, 2016 12:41 pm

A member posted the link a few days ago in another thread. If I find it, I will post it here for you.
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londonphd
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Re: From Tier 4 to ILR long residence

Post by londonphd » Mon May 23, 2016 5:28 pm

Yes please, thank you.

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CR001
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Re: From Tier 4 to ILR long residence

Post by CR001 » Mon May 23, 2016 5:30 pm

Haven't found it yet but will have a look as soon as I get home and post the topic/links for you.
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haris_zam
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Re: From Tier 4 to ILR long residence

Post by haris_zam » Tue May 24, 2016 10:08 pm

she will be able to pass it even tomorrow if she is good at speaking , A1 doesn't require, as per my knowledge, any written exam - will mainly focus on speaking and listening, so to speak. ..

so no major risk here i'd say

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