English language requirement for ILR

[drali444]

HI Everyone,

My wife came to UK on tier 2 general visa in Feb 2014 but after few months in 16th July 2014 she changed to tier 2 dependent visa. My questions are:

1) Can she use her tier 2 general period towards ILR or is it going to be only after she changed to tier 2 dependent visa?

2) If it is only her dependant visa period that is counted towards ILR, can she apply 28 days before 16th July for her ILR application ?

3) I am BC now, Can I apply for her BC straight after her ILR or does she need to complete 1 years after ILR.

Many thanks.

[CR001]

1. No she cannot use tier 2 General time.

2. Yes, she needs 5 years residence as pbs dependent to qualify for ILR. Yes there has been no change to the 28 days concession.

3. Yes provided she meets the 3 years residence and standard requirements to apply as spouse of BC.

[drali444]

HI,

I am planning to apply for my wifes ILR who is on tier 2 dependent. She came on tier 2 general initially and then switched to tier 2 dependent few months after. She showed her IELTS the with required score when she applied for her tier 2 general visa.
Can she use the same IELTS certificate when applying for her ILR for English requirement?

thanks

[Casa]

HI,

I am planning to apply for my wifes ILR who is on tier 2 dependent. She came on tier 2 general initially and then switched to tier 2 dependent few months after. She showed her IELTS the with required score when she applied for her tier 2 general visa.
Can she use the same IELTS certificate when applying for her ILR for English requirement?

thanks

At what level? She needs B1 level + The Life in the UK test.

[CR001]

HI,

I am planning to apply for my wifes ILR who is on tier 2 dependent. She came on tier 2 general initially and then switched to tier 2 dependent few months after. She showed her IELTS the with required score when she applied for her tier 2 general visa.
Can she use the same IELTS certificate when applying for her ILR for English requirement?

thanks

She doesn't qualify for ILR yet. She will qualify in July next year.

[drali444]

Thanks for your reply. We will apply for her ILR in July. I just want to make sure we have all the required documents.
She used this B1 + IELTS score for her own tier 2 general visa but later she switched to my dependent. Can she use the same IELTS result which has expired now for her ILR
Thanks

[drali444]

Can someone please clarify this for me.
Will she be able to use the same IELTS result or she should give it again?
TO be clear my query is: she has the required ILETS score which she used to get her tier 2 general visa but later she switched to my dependent. She will be applying ILR next year using 5 year tier 2 dependent route. Can she use the same IELTS result?
thanks

[katanayi]

https://takeielts.britishcouncil.org/ie ... t%20result?

[SAMISPOUSAL]

you cannot use a 2 years old cert IF you have changed your ROUTE TRACK...
The big question you should be asking is

when you changed from T2 gen to T2 dependent IS THAT DEEMED TO BE A CHANGE OF TRACK ?

good luck









please note I am not an immigration lawyer or expert.

[vinny]

For the purposes of paragraph 2.1, an applicant demonstrates sufficient knowledge of the English language if:
...
(b) the applicant-
(i) has limited leave to enter or remain in the UK, and
(ii) that leave (or a grant of leave which preceded it provided any periods of leave since have been unbroken) was given on the basis that the applicant had an English language qualification at a minimum level of B1 on the Common European Framework of Reference for Languages.
(iii) at the date of application, the provider of that qualification continues to be approved by the Secretary of State as specified in Appendix O to these Rules.

Are the periods of leave unbroken when switching from Tier 2 (General) to Tier 2 (General) dependant? I'm unsure, as I cannot see the definitions of broken/unbroken for KoLL purposes.

The English language test must have been taken no more than 2 years before the date of application. However, tests that have been taken more than 2 years ago and have since expired, can still be accepted where the qualification:

• is from one of the providers on the current SELT list
• has previously been accepted by us as part of another immigration application, such as for entry clearance. A qualification that is not from one of the providers on the current SELT list, is not acceptable even if previously accepted by us as part of another application

[drali444]

Thank you for your input. I am still clear if she can use the same Ielts result. Here is the timeline
Ielts passed July 2013 with 7.5 overall score
Tier 2 general visa and came to UK Feb, 2014 and she used the above ielts result.
Switched to Tier 2 dependent July 2014 while in UK and she had a valid tier 2 general visa at the time and since then she has been on tier 2 dependent visa. Her tier 2 dependent visa recently got renewed for 3 year which is valid till 2022. She will complete 5 years next year in July as a dependent.
Can she use the above IELTS score when applying for ILR?
Thank you all. I really appreciate any input.

[drali444]

@vinny As per your post, this IELTS result though expired should be fine then, isnt it?
as this has previously been accepted by them as part of another immigration application, such as for entry clearance.
what do we think?

[drali444]

Hi Everyone.

I need to ask about the validity of IELTS result given in 2013 to be used for ILR application. The test is still on SELT list.

My wife came to UK on a Tier 2 general visa in Feb, 2014 and she used the above ielts result for the visa. Later she switched to my Tier 2 dependent from her tier 2 general visa in July 2014 while in UK and since then she has been on tier 2 dependent visa. Her tier 2 dependent visa recently got renewed for 3 year which is valid till 2022. She will complete 5 years next year in July as a dependent.
We plan to apply for her ILR this year. The question is whether she can use the same above IELTS score when applying for ILR which she used for own tier 2 general visa when she came to UK in 2014?


As per the KOLL document
''The English language test must have been taken no more than 2 years before the
date of application. However, tests that have been taken more than 2 years ago and
have since expired, can still be accepted where the qualification:
• is from one of the providers on the current SELT list
• has previously been accepted by us as part of another immigration application,
such as for entry clearance. A qualification that is not from one of the providers
on the current SELT list, is not acceptable even if previously accepted by us as
part of another application''


Thank you. I really appreciate any input.