Dependent ILR Application Date

[Killer14bean]

Hi,
My wife is. due to apply for her ilr at the end of this year. She is a university lecturer and also undertaken a post graduate certificate course from her workplace as part of her professional development. She has passed all modules and has received the certificate from the university as well. I am curious to know if she can use this certificate as proof English proficiency or would she be required to take the test ?

[micasa]

I advise your wife to just take the test as it sounds like she would have no problem passing it. Bear in mind that I am not a specialist and this is based on the personal experience. My husband has a bachelor degree from one of the Ivy League universities in the US but his degree certificate is in Latin (bloody useless, after all the fees!). His solicitor advised him to take the test rather than having the certificate translated, notarized, etc. It was a much quicker and secure option. It felt so ridiculous as his first language is in English... Anyway, he's got the advice on Thursday, signed up for the test on Friday and took the test on Saturday. He received the result on the same day.

[Killer14bean]

Thanks for the response.

However, i would still request senior members of the team to advice on how to progress. Will the degree certificate enough to prove English language proficiency or she would need to appear for separate exam?

[Killer14bean]

Anyone who can guide?

[Killer14bean]

Can anyone from the expert group provide a steer on what to do? The course was a post graduate certificate that was taught in 2 years (part time) issued by the university.

[zimba]

Have you read the FAQs - English language requirements for settlement ??
You cannot use a vocational / professional qualification to meet English language proficiency requirement.
It must be a degree taught or researched in English from a university (e.g BSc, MSC, PhD)

[rmoore]

You will huge amount for ILR fees, now why would you risk it just for the sake of formality? Either she should take the test or get certificate from UK NARIC.

[Casa]

[/url] ??
You cannot use a vocational / professional qualification to meet English language proficiency requirement.
It must be a degree taught or researched in English from a university (e.g BSc, MSC, PhD)

[Killer14bean]

Members,

My wife is due for her ILR soon, below are key dates and events. Want to understand when can she apply?

- First PBS Dependent Visa approval: 8th Jan 2014 valid until 12th Jan 2016
- Entered UK on: 16th Feb 2014
- PBS Dependent Visa extension issued: 17th Feb 2016 valid until 29th Jan 2019

Also, below is the list of documents that we are planning to submit for her application, let me know if it is enough.

- Set O form
- Photos
- Passport and copies - front and last page. All pages of the passport which have been stamped since arrival to the UK.
- My passport copies - first and last page. (I am already a British citizen)
- Marriage certificate
- Address proof: Utility Bill that is in her name
- Financial Proof - My bank statement for 6 months and payslip for 6 months. Her bank statement for 6 months and your payslips (since they ask in the form if applicant works and net salary per month)

Let me know if more information is required.

Thanks

[CR001]

She can apply no sooner than within 28 days before 8th January 2018.

Yout document list doesn't state LIUK or English test certificates.

You also need more than one utility bill for address proof. HO want to be sure you and her are still in a subsisting marriage and see evidence of cohabitation for at least the last two years.

[Killer14bean]

Thanks all for the response.

Yes forgot to mention LIUK and NARIAC approved certificate.

Can submit multiple documents to prove 2 years cohabitation, wondering if they have to be utility bill only and also under both's name? We do not have utility bill under both our names i.e. joint, however do have multiple utility bill either under my name or her name.

Would P60, DL, Hospital Letters, Mortgage statement (only under my name), letter from employer would count towards proof of cohabitation and address.

Thanks.

[CR001]

Note 11 on Page 63 and 64 of the FLR(M) form gives good examples of documents HO expects to see,

https://assets.publishing.service.gov.u ... -07-18.pdf

[Killer14bean]

Thanks for the information

[Killer14bean]

Members/CR001,

Sorry for asking this question again, but i a bit confused and need to be 100% sure before i submit application for my wife's ILR.

CR001 you did respond couple of months ago stating that she can apply 28 days before 8th Jan 2019, however reading other posts have made me slightly confused.

My wife is due for her ILR soon, below are key dates and events. Want to understand when can she apply?

- First PBS Dependent Visa approval: 8th Jan 2014 valid until 12th Jan 2016
- Entered UK on: 16th Feb 2014
- PBS Dependent Visa extension issued: 17th Feb 2016 valid until 29th Jan 2019

[CR001]

The answer hasn't changed. She can apply no sooner than within 28 days of the 5th anniversary of her visa issue date OR at any time before her current visa expires.

[Killer14bean]

So fist date of entry has no relevance in her case? What is the justification to cover the gap between visa issue and date of entry.

[Killer14bean]

and thanks again for providing the same information twice.

[CR001]

So fist date of entry has no relevance in her case? What is the justification to cover the gap between visa issue and date of entry.

You don't need a justification. The immigration rules allow it.

[Killer14bean]

Cheers!

[lifeRockss1]

If I may ask a follow-up question to clear the confusion (I got into by over reading the rules).

1) The original rule says the difference between Entry Clearance and 1st Entry to UK is considered within the 180 days of allowed absence (For Tier 2 General), rule not applied to the the dependent as they were exempted from 180 days absence criteria.

2) As per the new rule the PBS dependent came under 180 days Absence criteria since Jan 2018.

Does that mean the 1st rule of *difference between Entry Clearance and 1st Entry to UK is considered within the 180 days of allowed absence* is applicable only for dependent getting the visa after 1st Jan 2018? And not applied to anyone who got it in 2014. Hence they cannot use the difference with in 180 allowed absence ?

OR is it that for dependent (Prior to 2018) the only rule is that they should enter within 90 days to consider Entry Clearance date as 5th Anniversary ?

Merry Xmas everyone !!

[CR001]

If I may ask a follow-up question to clear the confusion (I got into by over reading the rules).

1) The original rule says the difference between Entry Clearance and 1st Entry to UK is considered within the 180 days of allowed absence (For Tier 2 General), rule not applied to the the dependent as they were exempted from 180 days absence criteria.

2) As per the new rule the PBS dependent came under 180 days Absence criteria since Jan 2018.

Does that mean the 1st rule of *difference between Entry Clearance and 1st Entry to UK is considered within the 180 days of allowed absence* is applicable only for dependent getting the visa after 1st Jan 2018? And not applied to anyone who got it in 2014. Hence they cannot use the difference with in 180 allowed absence ?

OR is it that for dependent (Prior to 2018) the only rule is that they should enter within 90 days to consider Entry Clearance date as 5th Anniversary ?

Merry Xmas everyone !!

1. You should ask your questions in your own topic re pbs dependent. Unfair to the OP to tag on in their topic.

2. See link below posted earlier this year when rules changed.

uk-tier-1-general-dependent-visas/ilr-t ... l#p1583820

[lifeRockss1]

Thanks CR001,
point noted, will avoid hijacking someones post in future.

cheers

[Killer14bean]

Hi CR001,

came across few topics highlighting that spouse of the british citizen does not have to wait 12 months to apply for citizenship? I hold british citizenship, can my wife apply straight for her citizenship after her ILR?

[CR001]

Hi CR001,

came across few topics highlighting that spouse of the british citizen does not have to wait 12 months to apply for citizenship? I hold british citizenship, can my wife apply straight for her citizenship after her ILR?

Yes, provided she meets the requirements to apply based on 3 years residence as the spouse of a British citizen (physically present and absence limits etc).

[Killer14bean]

Thanks CR001, what are the exact requirements? I got my citizenship last year i.e. Oct’17, does that mean technically the condition has not been met as partner has only held the citizenship for year and a half?