English language test for ILR application via T2(G)

[HBBB]

Hi All,
I appreciat your inputs on three questions that I have before starting my ILR application.

Q1:
I applied from outside UK for my T2 (G) for myself and my wife. My CoS start date and first "visa valid from" date on my wife and myself are 20 Dec 2014.
Our appointent to hand our documents was 15 Jan 2015!
Our first landing in UK and start working, living was 10 Mar 2015!
My current T2 is valid until 20 Dec 2020 and was renewed in Dec 2017.

My question is, In order to count my continious 5 years, Can I consider the start date is 20 Dec 2014 (my visa valid from) and I was absent between then and 10 Mar 2015 ( roughlly 80days) which make my 5years end in Dec 2019 or I have to start from 10 Mar 2015for counting? I never exceed the maximum allowance of being outside UK even if that 80days at start is considered.

Q2:
Our Baby was born in UK in Feb 2018. He has depndednt visa at the moment that is valid untill dec 2020. I have considering at the time of his born we were not permanent residents, and assuming we will be granted ILR, can I hold his application untill we get ILR and then he automatically becomes a British Citizen? i.e. to save £2400 for his ILR and go straight citizenship.

Q3:
If I have to apply for his ILR, considering he was born in Feb 2018 and have not been in UK more than 2years, Can I apply for ILR as my dependent when I apply for ours? (for this question I am assuming the answer to Q2 was a no)

Many Thanks for the help

[CR001]

Q1:
I applied from outside UK for my T2 (G) for myself and my wife. My CoS start date and first "visa valid from" date on my wife and myself are 20 Dec 2014.
Our appointent to hand our documents was 15 Jan 2015!
Our first landing in UK and start working, living was 10 Mar 2015!
My current T2 is valid until 20 Dec 2020 and was renewed in Dec 2017.

My question is, In order to count my continious 5 years, Can I consider the start date is 20 Dec 2014 (my visa valid from) and I was absent between then and 10 Mar 2015 ( roughlly 80days) which make my 5years end in Dec 2019 or I have to start from 10 Mar 2015for counting? I never exceed the maximum allowance of being outside UK even if that 80days at start is considered.

What is the date your visa was ISSUED initially that was stamped in your passport?? Unclear how your VISA could be valid from 20 December 2014 when you only submitted your supporting documents on the 15th January 2015. Note that the CoS Start date and visa ISSUE date are two different things.

Q2:
Our Baby was born in UK in Feb 2018. He has depndednt visa at the moment that is valid untill dec 2020. I have considering at the time of his born we were not permanent residents, and assuming we will be granted ILR, can I hold his application untill we get ILR and then he automatically becomes a British Citizen? i.e. to save £2400 for his ILR and go straight citizenship.

He doesn't 'automatically become a British citizen'. You have to APPLY to register him as British on form MN1. Current cost is £1023. Only once this is approved and you receive the certificate, is the child British.

Q3:
If I have to apply for his ILR, considering he was born in Feb 2018 and have not been in UK more than 2years, Can I apply for ILR as my dependent when I apply for ours? (for this question I am assuming the answer to Q2 was a no)

Yes. He does NOT need ILR to be registered as British though.

[HBBB]

Thanks for you Input,

Q1:

What is the date your visa was ISSUED initially that was stamped in your passport?? Unclear how your VISA could be valid from 20 December 2014 when you only submitted your supporting documents on the 15th January 2015. Note that the CoS Start date and visa ISSUE date are two different things.

Sorry I was confused and You are correct. The "valid from" date on my first visa is actually 22 Jan 2015 just few days after I had appointment! and I entred UK on 10 Mar 2015. The CoS start date was 20 Dec 2014. My question still is that Can I use issue date (22 Jan 2015) as start fo my 5 years or it has to be 10 March when I landed in UK? and is your asnwer valid for my dependents?

Q2:

He doesn't 'automatically become a British citizen'. You have to APPLY to register him as British on form MN1. Current cost is £1023. Only once this is approved and you receive the certificate, is the child British.

I meant automatically becomes eligible for citizenship. i.e. can I only apply for ILR for myself and mywife and if we were granted ILR, I apply to register him as British? so staright from T2(G) that is valid until Dec 2020 to British citizenship even though he has not been in UK for 5 years when I apply around Summer 2020 and we both were on T2 when he was born?

Q3:

Yes. He does NOT need ILR to be registered as British though.

thanks. I can guess your asnwer to Q2 using this but I much appreciate if you confirm.

Kind Regards

[CR001]

Q1:

What is the date your visa was ISSUED initially that was stamped in your passport?? Unclear how your VISA could be valid from 20 December 2014 when you only submitted your supporting documents on the 15th January 2015. Note that the CoS Start date and visa ISSUE date are two different things.

Sorry I was confused and You are correct. The "valid from" date on my first visa is actually 22 Jan 2015 just few days after I had appointment! and I entred UK on 10 Mar 2015. The CoS start date was 20 Dec 2014. My question still is that Can I use issue date (22 Jan 2015) as start fo my 5 years or it has to be 10 March when I landed in UK? and is your asnwer valid for my dependents?

You can apply no sooner than within 28 days before 22 January 2020.

Q2:

He doesn't 'automatically become a British citizen'. You have to APPLY to register him as British on form MN1. Current cost is £1023. Only once this is approved and you receive the certificate, is the child British.

I meant automatically becomes eligible for citizenship. i.e. can I only apply for ILR for myself and mywife and if we were granted ILR, I apply to register him as British? so staright from T2(G) that is valid until Dec 2020 to British citizenship even though he has not been in UK for 5 years when I apply around Summer 2020 and we both were on T2 when he was born?

Yes, he has an entitlement to register once either parent is granted ILR as he is UK born. There is NO 5 year or any residence requirement for UK born childrens' entitlement to register. He doesn't even need to have a valid visa.

[HBBB]

that's great. Thanks for sharing your thoughts.

re our baby, last year I applied a dependent visa for him because I was under impression that he won't be let to return to UK without a valid visa. am I correct?

Kind Regards

[CR001]

re our baby, last year I applied a dependent visa for him because I was under impression that he won't be let to return to UK without a valid visa. am I correct?

Correct. He would need a visa to re-enter the UK as he has no entitlement to enter without one. Note this is completely separate to the entitlement to register as British and not requiring a valid visa.

[HBBB]

Hi Again,

We are being prepared to apply for ILR late December 2019. I just had a look and it seems English language test is also one of the documents for main applicant. When I was first granted T2(G), I sat an IELTS test and for renewal I didn't.

My question is, do I need to resit the exam as the original one expired after 2 years?
same question for my dependents? they have not sat the test at all.

Next Question is, at the time, there were only Academic and General types of IELTS. are they still available/ acceptable? I have heard there is a new type of IELTS test that is specifically for immigration purposes.

Many Thanks for the advice.

[CULLINAN]

Hi Again,

We are being prepared to apply for ILR late December 2019. I just had a look and it seems English language test is also one of the documents for main applicant. When I was first granted T2(G), I sat an IELTS test and for renewal I didn't.

My question is, do I need to resit the exam as the original one expired after 2 years?
same question for my dependents? they have not sat the test at all.

Next Question is, at the time, there were only Academic and General types of IELTS. are they still available/ acceptable? I have heard there is a new type of IELTS test that is specifically for immigration purposes.

Many Thanks for the advice.

https://www.gov.uk/english-language/app ... ifications

https://www.trinitycollege.com/site/?id=3220