UK NARIC Certificates' Validity

[KhajaM]

Dear Members,

Just joined this board and was hoping someone would shed some light on the requirements for ILR application made by a partner of a British Citizen.

Immigration situation so far -
24/07/2014 - Got Married.
11/11/2014 - "Spouse/Partner Visa" Granted (applied from outside of UK (India).
- Expiry date of 30/08/2017
10/12/2014 - Wife arrived in the UK.
09/11/2015 - I (sponsor/partner) was naturalised as BC.
06/08/2017 - Applied for FLR(M) as a spouse/partner of a BC.

Such is the immigration history of my wife, who's currently living with me in the UK on her FLR(M) extension.

Thinking about the future application for obtaining an ILR, I was reading up about the rules around it. And, as is usually the case, got very confused and got a few questions.

1. Continuous residence - I can see that there is a 180 day rule in "any given 12 month period", in the last 5 years. But, I'm not sure whether this applies or not to a partner of a BC? If not, then are there NO rules at all around continuous residence? If it does apply to a partner of a BC, then given that my wife doesn't work, how do we go about proving that she was (or we were!) out of the UK for whatever dates/period we mention?

2. Would it be SET(M) or SET(O) which we should be using for her ILR application?

3. Considering that she has been living with me (& hopefully, will continue to do so, in the future ), would she immediately become eligible for BC, as soon as she gets an ILR? Or would she have to wait the usual 12 month period for her to be eligible for BC?

I know it's a long way into the future, but I'm looking to manage the absences and get as many requirements understood as I can, and as much in advance as possible (with a full understanding and appreciation of the way UKVI changes their rules).

Please could someone answer the above queries, with the current immigration rules in place?

Best Regards,
Khaja.

[CR001]

11/11/2014 - "Spouse/Partner Visa" Granted (applied from outside of UK (India).
- Expiry date of 30/08/2017

Presumably you held ILR at this time when the visa was applied for??

1. Continuous residence - I can see that there is a 180 day rule in "any given 12 month period", in the last 5 years. But, I'm not sure whether this applies or not to a partner of a BC? If not, then are there NO rules at all around continuous residence? If it does apply to a partner of a BC, then given that my wife doesn't work, how do we go about proving that she was (or we were!) out of the UK for whatever dates/period we mention?

Not applicable to FLR(M) spouse visa holders.

2. Would it be SET(M) or SET(O) which we should be using for her ILR application?

Set(M) if she has held a spouse settlement visa for almost 5 years.

3. Considering that she has been living with me (& hopefully, will continue to do so, in the future ), would she immediately become eligible for BC, as soon as she gets an ILR? Or would she have to wait the usual 12 month period for her to be eligible for BC?

Yes, no need to wait provided she meets the other Spouse of BC 3 year requirements for citizenship.

10/12/2014 - Wife arrived in the UK.

Your spouse only qualifies for ILR within 28 days before 10th December 2019. You will need to check nearer the time if there have been any rule changes.

[KhajaM]

11/11/2014 - "Spouse/Partner Visa" Granted (applied from outside of UK (India).
- Expiry date of 30/08/2017

Presumably you held ILR at this time when the visa was applied for??

Yes, I was on ILR at this time.

1. Continuous residence - I can see that there is a 180 day rule in "any given 12 month period", in the last 5 years. But, I'm not sure whether this applies or not to a partner of a BC? If not, then are there NO rules at all around continuous residence? If it does apply to a partner of a BC, then given that my wife doesn't work, how do we go about proving that she was (or we were!) out of the UK for whatever dates/period we mention?

Not applicable to FLR(M) spouse visa holders.

So, no continuous residence rule at all, for Spouse Visa holder?
Just wondered about the Question 9.3 in the SET(M) application form, where it asks for periods of absences - I also didn't see any caveats around this question such as (e.g.) "Only answer this question if you're not on certain visas etc.".
She can be out of the UK for as long as she wants, as long as she's in the UK, in time for when she's applying for ILR. Surely, there must be some ruling around it?
Apologies if I seem like I'm questioning your expertise on the subject matter - I don't intend to - I just want to absolutely sure of this.

2. Would it be SET(M) or SET(O) which we should be using for her ILR application?

Set(M) if she has held a spouse settlement visa for almost 5 years.

Yes, she will have been (Spouse/Partner visa for the first 33 months (previous), and FLR(M) spouse/partner cateogory for another 30 months (current)).

3. Considering that she has been living with me (& hopefully, will continue to do so, in the future ), would she immediately become eligible for BC, as soon as she gets an ILR? Or would she have to wait the usual 12 month period for her to be eligible for BC?

Yes, no need to wait provided she meets the other Spouse of BC 3 year requirements for citizenship.

Nice one, thanks.

10/12/2014 - Wife arrived in the UK.

Your spouse only qualifies for ILR within 28 days before 10th December 2019. You will need to check nearer the time if there have been any rule changes.

Yes, thanks - will do.

[CR001]

1. Continuous residence - I can see that there is a 180 day rule in "any given 12 month period", in the last 5 years. But, I'm not sure whether this applies or not to a partner of a BC? If not, then are there NO rules at all around continuous residence? If it does apply to a partner of a BC, then given that my wife doesn't work, how do we go about proving that she was (or we were!) out of the UK for whatever dates/period we mention?

Not applicable to FLR(M) spouse visa holders.

So, no continuous residence rule at all, for Spouse Visa holder?
Just wondered about the Question 9.3 in the SET(M) application form, where it asks for periods of absences - I also didn't see any caveats around this question such as (e.g.) "Only answer this question if you're not on certain visas etc.".
She can be out of the UK for as long as she wants, as long as she's in the UK, in time for when she's applying for ILR. Surely, there must be some ruling around it?
Apologies if I seem like I'm questioning your expertise on the subject matter - I don't intend to - I just want to absolutely sure of this.

Obviously she needs UK residence and has to provide evidence of cohabitation etc, she cannot live abroad for the whole 5 years and expect ILR clearly. However, the 180 per 12 month cycle is ONLY for PBS visa routes and NOT for spouse settlement visas. Your spouse only needs to declare absences, especially those which are 6 months or more.

What 9.3 question are you referring to (online/paper form)? The paper form for Set(M) says for 9.3 "9.3. Have you or any dependants who are applying with you received any other penalty in relation to a criminal offence; for example a caution, reprimand, warning, or similar penalties in the UK or any other country?, so not sure what form you are looking at.

[KhajaM]

I do apologise, I meant Question 9.13. And yes, understood - evidence of co-habitation is a must.

However, when you say "...declare absences..especially those which are 6 months or more" - 3 of her absences from the UK (so far) have been for 30-40 day periods. And only 1 period which was for 192 days.

Do you reckon I should mention all the absences above or ONLY the last one as it exceeds 6 months?

[CR001]

Simply declare all her absences as the form asks, obviously only next year when ready to apply as the forms will change by then.

It has no impact on her visa or ILR is she has absences.

[KhajaM]

Simply declare all her absences as the form asks, obviously only next year when ready to apply as the forms will change by then.

It has no impact on her visa or ILR is she has absences.

Fantastic, thank you very much for your help.

[KhajaM]

Dear Members,

I was hoping you guys would shed some light on my query, for which I'm not able to find sure-shot answers, elsewhere.

My wife came in to the UK on a Spouse/Partner visa (33 months) and since then, had applied for FLR(M) which she is currently on. And, if all goes according to plan, she'll be eligible to apply for ILR soon.

Now, she wants to change her surname to mine (a little late I know, but there is no rule/time-period against this decision of surnamce change) and is planning on applying for her Indian passport to be reissued and subseqently applying for ToC for change of surname in BRP, with her "married" name i.e., surname changed.

Provided the above goes smoothly and she gets her passport/BRP changed - what I'm concerned about is that, will she be able to apply for ILR (when we come to it) with her Degree & NARIC certificates still in her "maiden" name or will she have to change the name of her certificates too?

Please could someone answer this query above?

And also please do let me know if there are other things we'd need to consider for her ILR application, in relation to my wife's surname change? We want to leave no stone unturned when it comes to her ILR application, and would like to think this through before we apply for the "surname" change.


Best Regards,
Khaja.

[Djsuccess]

Dear Members,

I was hoping you guys would shed some light on my query, for which I'm not able to find sure-shot answers, elsewhere.

My wife came in to the UK on a Spouse/Partner visa (33 months) and since then, had applied for FLR(M) which she is currently on. And, if all goes according to plan, she'll be eligible to apply for ILR soon.

Now, she wants to change her surname to mine (a little late I know, but there is no rule/time-period against this decision of surnamce change) and is planning on applying for her Indian passport to be reissued and subseqently applying for ToC for change of surname in BRP, with her "married" name i.e., surname changed.

Provided the above goes smoothly and she gets her passport/BRP changed - what I'm concerned about is that, will she be able to apply for ILR (when we come to it) with her Degree & NARIC certificates still in her "maiden" name or will she have to change the name of her certificates too?

Please could someone answer this query above?

And also please do let me know if there are other things we'd need to consider for her ILR application, in relation to my wife's surname change? We want to leave no stone unturned when it comes to her ILR application, and would like to think this through before we apply for the "surname" change.


Best Regards,
Khaja.

There is no problem with changing names. The main issue is in the supporting documents that she will need to provide and the time it takes. Passport and BRP must be in the new name. You must also provide a utility bill, bank statement of account etc. She will also need to write and pass LITUK test ( if she hasn't done it already, I suggest to do the name change before applying for LITUK because she will need ID and proof address that match the name she used to register).
in summary, she can apply for ILR after surname change as long as you have all the supporting documents in her new name.

[KhajaM]

Thank you for your response, Djsuccess.
Yes, good point about writing the Life in the UK test after the name change - duly noted. And the supporting documents can be obtained in the new name, no issues in that respect.

If you or someone could also answer my main concern about the "Degree & NARIC certificates" being in her maiden name, that'd be really appreciated.

[CR001]

No issue re Degree in maiden name.

[KhajaM]

No issue re Degree in maiden name.

Thanks CR001 - I'm guessing then, no issues with NARIC certificates in maiden name, too?

[CR001]

No, as presumably your marriage cert will indicate the name change

[KhajaM]

No, as presumably your marriage cert will indicate the name change

Thank you so much for your prompt responses, CR001 - really appreciate it.

Upon reading your message, it occurred to me that we'd submitted our marriage, degree & NARIC certificates as part of the FLR(M) application, and this application was made in the maiden name.

Now that we'd potentially be applying for ILR in the married name, I do wonder whether submitting the same documents this around, would raise unnecessary suspicions in the case worker's mind?

I can only presume it wouldn't, as they should be well aware that surname change after marriage, doesn't necessarily have to be the very next day of the wedding, and could happen any time in the future after that (depending on the couple's personal circumstances). However, it'd be good to get a second opinion from someone more knowledgeable, for peace of my mind.

[CR001]

You are overthinking this.

[KhajaM]

You are overthinking this.

Haha, thanks CR001 - but as you say yourself - "In life you cannot press the Backspace button!!".

I don't want to go through with it all, and regret it later. Plus, there is always this added burden of the ridiculous visa fees, which one can't overlook - paying it once is dear enough.

So, just want to be thorough with everything, and as early as possible.

Hope you understand!

Anyway, I will take your response to be - no, it won't cause issues...!

Thanks once again - genuinely appreciate your input.

[Djsuccess]

No, as presumably your marriage cert will indicate the name change

Thank you so much for your prompt responses, CR001 - really appreciate it.

Upon reading your message, it occurred to me that we'd submitted our marriage, degree & NARIC certificates as part of the FLR(M) application, and this application was made in the maiden name.

Now that we'd potentially be applying for ILR in the married name, I do wonder whether submitting the same documents this around, would raise unnecessary suspicions in the case worker's mind?

I can only presume it wouldn't, as they should be well aware that surname change after marriage, doesn't necessarily have to be the very next day of the wedding, and could happen any time in the future after that (depending on the couple's personal circumstances). However, it'd be good to get a second opinion from someone more knowledgeable, for peace of my mind.

No issue with degree certificates in maiden name.

[KhajaM]

Thanks, Djsuccess.

[KhajaM]

Dear Members,

My wife is living in the UK under FLR(M), and we're now trying to prepare for her ILR application due next year. Regarding this ILR application under SET(O) - amongst other requirements - she also needs to satisfy the English Language Requirements

For her FLR(M), she'd provided her Degree certificate (from India) and the UK NARIC certificates (both, Academic Qualification Level & English Language Proficiency statements) .

My question is - will these same certificates be valid and acceptable by UKBA for her ILR application?

I emailed UK NARIC about this and I got the following response verbatim -

"Whilst qualification comparisons may change over time due to new research and information, the UK NARIC Statement of Comparability does not have a validity period. However, we are not aware of how the Home Office views UK NARIC Statements issued several months ago. For confirmation, we recommend you contact the Home Office directly."

Hopefully, some senior members on this board will have more insight on this predicament, as the UKBA website does not contain any rules/regulations around NARIC certificates and/or their validity.

I'd really appreciate responses from people with knowledge in this area, and also from people who've had experience going through a similar situation with their visa applications.


Best Regards,
Khaja.

[CR001]

Regarding this ILR application under SET(O) - amongst other requirements - she also needs to satisfy the English Language Requirements

Set(O) is NOT the correct form as you were advised previously. She must apply on SET(M).

[KhajaM]

Regarding this ILR application under SET(O) - amongst other requirements - she also needs to satisfy the English Language Requirements

Set(O) is NOT the correct form as you were advised previously. She must apply on SET(M).

Thanks for that clarification, CR001 - duly noted.

Any ideas on the NARIC certificates' validity?


Best Regards,
Khaja