PBS Dependent to ILR - Questions

[Chase53]

Hi, My wife is currently on Tier 1 General PBS dependent visa and she is eligible to apply for ILR on 5 years route in June.

Initial Visa : 24/05/2014 to 28/08/2015
Date arrived in UK : 20/06/2014 ( 26 days after)
First Ext : 12/08/2015 to 12/08/2018 ( 3 years)
Second Ext : 08/09/2017 to 08/09/2020 ( 3 years) - applied 11 months earlier

My questions are:
1) Can she apply 28 days before the initial visa date or before the date she first arrived in uk?

2) Am I right in assuming she doesn't need to provide proof of absence as her last grant to remain was issued before 11th January 2018?

3) Regarding English language requirement, she has a degree from home country and we are planning to get it verified using UK NARIC, however which service do we need to select? is it "Statement of Comparability" or "English Language Assessment" or both?

4) And she can apply for British Citizenship [Main applicant is already British] from 1 day after she receives her ILR, is it correct?

Thanks in advance for your help!

[CR001]

1. Yes, counted from date of initial visa issue date.

2. Correct.

3. Both - NARIC UKVI Red route, costs about £150 (same price as English B1 test).

4. Yes, provided she meets all the requirements based on 3 years residence as the spouse of a British citizen.

[Chase53]

1. Yes, counted from date of initial visa issue date.

2. Correct.

3. Both - NARIC UKVI Red route, costs about £150 (same price as English B1 test).

4. Yes, provided she meets all the requirements based on 3 years residence as the spouse of a British citizen.

Thanks a lot CR001 for your swift response.

Regarding your answer no4

4. Yes, provided she meets all the requirements based on 3 years residence as the spouse of a British citizen.

Does she need to be 3 years residence as the spouse of British Citizen? All her stay in UK has been as a spouse on Tier1 G PBS dependent visa and while the main applicant was on different statuses (1yr 4months on Tier G + 1 yr on ILR + 2yr 5months since British Citizen).

Is this a new rule? I always thought being spouse of a British Citizen and married for 5 years and obtaining ILR would suffice.

[CR001]

Regarding your answer no4

4. Yes, provided she meets all the requirements based on 3 years residence as the spouse of a British citizen.

Does she need to be 3 years residence as the spouse of British Citizen? All her stay in UK has been as a spouse on Tier1 G PBS dependent visa and while the main applicant was on different statuses (1yr 4months on Tier G + 1 yr on ILR + 2yr 5months since British Citizen).

Is this a new rule? I always thought being spouse of a British Citizen and married for 5 years and obtaining ILR would suffice.

She needs 3 year residence and be married to a BC at the time of application to apply based on Section 6(2) of the nationality act, even if you only become BC the day before she applies. There has been no change in this rule in the nationality laws.

Don't confuse the 5 years residence to apply for ILR with the requirements for Citizenship. They are completely different rules and requirements.

[Chase53]

She needs 3 year residence and be married to a BC at the time of application to apply based on Section 6(2) of the nationality act, even if you only become BC the day before she applies. There has been no change in this rule in the nationality laws.

Don't confuse the 5 years residence to apply for ILR with the requirements for Citizenship. They are completely different rules and requirements.

Ah I get it now. So for Citizenship, she has to be a resident in the country for 3 years and be married to the British citizen at the time of application and it doesn't matter when their spouse has received their citizenship.

Thank you for your clear explanation, appreciate it.

[Chase53]

Also I just checked UK NARIC site and the cost for both the services is coming around £120 for anyone who wants know. Iam attaching a screenshot here.

[CR001]

Ah I get it now. So for Citizenship, she has to be a resident in the country for 3 years and be married to the British citizen at the time of application and it doesn't matter when their spouse has received their citizenship.

Correct yes. Make sure on the date that she does apply for citizenship, that she was physically present in the UK at the same time 3 years ago.

[CR001]

Also I just checked UK NARIC site and the cost for both the services is coming around £120 for anyone who wants know. Iam attaching a screenshot here.

Is that the UKVI Red Route option (i.e. not the Blue route option)??

[Chase53]

Ah I get it now. So for Citizenship, she has to be a resident in the country for 3 years and be married to the British citizen at the time of application and it doesn't matter when their spouse has received their citizenship.

Correct yes. Make sure on the date that she does apply for citizenship, that she was physically present in the UK at the same time 3 years ago.

Oh yeah, I completely forgot about this strange rule they have. Thanks a lot for reminding me again.

[Chase53]

Is that the UKVI Red Route option (i.e. not the Blue route option)??

Yes indeed.

[CR001]

Is that the UKVI Red Route option (i.e. not the Blue route option)??

Yes indeed.

Are you sure??

https://www.naric.org.uk/visas%20and%20 ... rvice.aspx

Price
Standard service £125.00 + VAT* (£150.00)
**Upgrade to:
Fast Track 24 hour service costs an extra £164.00 + VAT* (£196.80)
Fast Track 48 hour service costs an extra £114.00 + VAT* (£136.80)

[Chase53]

Are you sure??

https://www.naric.org.uk/visas%20and%20 ... rvice.aspx

Price
Standard service £125.00 + VAT* (£150.00)
**Upgrade to:
Fast Track 24 hour service costs an extra £164.00 + VAT* (£196.80)
Fast Track 48 hour service costs an extra £114.00 + VAT* (£136.80)

Actually you are correct. My bad, I was looking at the blue route and selected those services individually and hence the reason for my question no 3 above. That was a proper confusion from my side.

[Chase53]

Hi all,

Just an update on my wife's UK NARIC.

We applied through "Red Route" on UK Naric website, however they require a letter from the University she studied in stating the whole course was solely taught in English language. So we have emailed the university and waiting for their response and think it would take a while before they respond given their well known work procedures.

Therefore we decided to take english language test and have the following questions:

My wife's route to ILR is PBS(Tier1G) dependent - 5 yrs.

1) Is it correct that she has to take "IELTS Life Skills - B1" exam?

2) Can she use the same exam certificate for her subsequent British Citizenship application?

Code: Select all

As per - https://www.ielts.org/book-a-test/find-a-test-location

IELTS Life Skills - A1, A2 and B1
IELTS Life Skills - A1: is for the family route
• Family life as a partner of a settled person (spouse/partner)
• Family life as a parent (parent of a dependant).
IELTS Life Skills – A2: is for the family route (extension)
• Family life as a partner of a settled person (spouse/partner)
• Family life as a parent (parent of a dependant). 
IELTS Life Skills – B1: Indefinite leave to remain
• Settlement/permanent residency.
IELTS Life Skills – B1: British Citizenship
• Naturalisation

[CR001]

1. Yes.

2. Yes.

[Chase53]

1. Yes.

2. Yes.

Great!

Thanks CR001, for your prompt response as always. Grateful to you!

[Chase53]

Hi all again,

Update on my wife's NARIC. They finally have accepted my wife's overseas degree and matched it with Bachelors in UK and awarded English level Proficiency - C1.

Now Iam trying to book an appointment online for my wife's ILR (Tier1G dependent -> ILR) after filling out the form and want to mention the documents i uploaded and let me know if Iam missing anything.

Documents Uploaded( Will also take originals to the appointment just in case):
1) Passports Old & NEW
2) BRP card
3) Life in UK certificate
4) Overseas Bachelor's Degree Certificate
5) UK NARIC Letter
6) Home Office consent form signed for bills under joint names (part 1 & Part 2) - ignored Part 3 as I believe Iam not required to sponsor her financially to obtain ILR, Please correct me if iam wrong.
7) Council Tax under joint names spanning last 4 years
Utility Bills under joint names spanning last 4 years
9) P60's for the last 5 years
10) Marriage Certificate

Can you please let me know if these are sufficient or I am missing any documents? They didn't ask any Main applicant's documents, do I need to upload them?

As always greatly appreciate all your help! Thanks.

[Chase53]

I don't mean to pester everyone but any thoughts on the above?

[CR001]

Seems fine. Your docs not required, i.e ILR and passport.

Make sure you have the correct NARIC, i.e. UKVI Red Route English and comparable assessment. Would have cost around £150.

Why are you submitting P60s??

[Chase53]

Thank you CR001.

Make sure you have the correct NARIC, i.e. UKVI Red Route English and comparable assessment. Would have cost around £150.

yes, I switched the application to Red Route after you highlighted it before. I can't thank you enough for that, as I had chosen the wrong service previously.

Why are you submitting P60s??

I saw in some other posts that you need 6 sources cohabitation documents so thought of using P60s as address proofs.

[CR001]

Sounds all good then.

[Chase53]

One last thing regarding below,

6) Home Office consent form signed for bills under joint names (part 1 & Part 2) - ignored Part 3 as I believe Iam not required to sponsor her financially to obtain ILR, Please correct me if iam wrong.

Am I right in assuming that Part 3 is nor required for PBS dependent route to ILR as they don't need any sponsor?

[CR001]

I am not familiar with the online consent forms so cannot comment as don't know what it says that you would be consenting to.

[Chase53]

Fair enough.

And I know you have been asked this question a numerous times, so I have uploaded the consent form of 3 pages here. Hope that's ok.

Please do not hesitate to remove it if you think its irrelevant.

[CULLINAN]

One last thing regarding below,

6) Home Office consent form signed for bills under joint names (part 1 & Part 2) - ignored Part 3 as I believe Iam not required to sponsor her financially to obtain ILR, Please correct me if iam wrong.

Am I right in assuming that Part 3 is nor required for PBS dependent route to ILR as they don't need any sponsor?

Part 3 is for someone who is financially dependent on someone else and if you are relying on those documents. Plus its self explanatory who needs to sign which part.

[Chase53]

One last thing regarding below,

6) Home Office consent form signed for bills under joint names (part 1 & Part 2) - ignored Part 3 as I believe Iam not required to sponsor her financially to obtain ILR, Please correct me if iam wrong.

Am I right in assuming that Part 3 is nor required for PBS dependent route to ILR as they don't need any sponsor?

Part 3 is for someone who is financially dependent on someone else and if you are relying on those documents. Plus its self explanatory who needs to sign which part.

Yes I agree and I just want to double check with a second pair of eyes as small things can be overlooked very easily.

And appreciate your response.