Friend's WIFE ILR dependent English eligibility

[Smartpen]

Dear Immigration Experts,

one of my friend approached to me with the following question? As I don't have much knowledge I am posting here.

My friend is on ILR status he went back-home in Nov-2019 for his marriage break-up but due to Corona and legal procedures he had to stay back till today. Now he is set up for second marriage in Aug 2021. The question is the second wife did not do her bachelor education in English medium and his marriage scheduled date in Aug 2021. I don't think the Naric will accept this degree. I couldn't suggest him as there are SELT or CEFR and some levels there, so I confused what to suggest? So please let me know what would be the suitable exam she has to write?

Also my friend stayed back home nearly 1 year 8months. he tried number of times to come back due to Covid effect and red list he has to stay back and unable to travel. Now he's ready to travel but marriage fixed, so He says if India come out from Red list in the next July 14th review he want to travel back and again will go back home after spending 1 month time. If India doesn't go from red list he want to travel after marriage schedule date.

I suggest him come asap to UK and don't bother about red list as he coming closer to 2years. Guys what will you suggest.

Regards,
Smartpen

[AmazonianX]

Dear Immigration Experts,

one of my friend approached to me with the following question? As I don't have much knowledge I am posting here.

My friend is on ILR status he went back-home in Nov-2019 for his marriage break-up but due to Corona and legal procedures he had to stay back till today. Now he is set up for second marriage in Aug 2021. The question is the second wife did not do her bachelor education in English medium and his marriage scheduled date in Aug 2021. I don't think the Naric will accept this degree. I couldn't suggest him as there are SELT or CEFR and some levels there, so I confused what to suggest? So please let me know what would be the suitable exam she has to write?
Among other things, the wife needs to meet up English language requirements at least CEFR Level A1 for unitial Spouse visa application.
https://www.google.com/url?sa=t&source= ... Ljsqs0_xwf
Also my friend stayed back home nearly 1 year 8months. he tried number of times to come back due to Covid effect and red list he has to stay back and unable to travel. Now he's ready to travel but marriage fixed, so He says if India come out from Red list in the next July 14th review he want to travel back and again will go back home after spending 1 month time. If India doesn't go from red list he want to travel after marriage schedule date.

I suggest him come asap to UK and don't bother about red list as he coming closer to 2years. Guys what will you suggest.

He will loose ILR if he exceeds 2years stay out of the UK.
Also, with him being away for so long, how does he intend to meet up other requirements as sponsor e.g. income/financial requirement, suitable accommodation etc?

Regards,
Smartpen

[Smartpen]

Thank you very much. My friend is still working for UK company as a BI developer since 2018, The company is paying hourly based as he is in India from 2020 which £15/hour.

So for coming months he will work more hours to meet the finance requirement for spouse visa. For accommodation he said that will get 6 months rental agreement.

Kind Regards,
Smartpen

[TODMATT]

Thank you very much. My friend is still working for UK company as a BI developer since 2018, The company is paying hourly based as he is in India from 2020 which £15/hour.

So for coming months he will work more hours to meet the finance requirement for spouse visa. For accommodation he said that will get 6 months rental agreement.

Kind Regards,
Smartpen

As long as the accommodation is adequate enough to accommodate both partners and if he has been employed for longer than 6 months with his employer and he’s paid per hour, his income would count under CAT A unsalaried.

[Smartpen]

Thank you TODMATT,

Yes he is with the same employer since 2018. He said that last three months he did only 30hours as he deeply effected with Covid-19 and no patience to do work, now he is working 160hours/month. does it cause any problem as few months getting low income and next months high income?

Regards,
Smartpen

[TODMATT]

Thank you TODMATT,

Yes he is with the same employer since 2018. He said that last three months he did only 30hours as he deeply effected with Covid-19 and no patience to do work, now he is working 160hours/month. does it cause any problem as few months getting low income and next months high income?

Regards,
Smartpen

In this case, two options

1. He can do CAT A unsalaried by adding last 6 wages slip divide it by 6 x 12 and it doesn't matter whether some months is low or high as long as the total amount is £18,600

2. If the above is not viable, CAT B is another option.

[Smartpen]

Thank you again.

Do you suggest him to apply the spouse dependent visa while he is in INDIA or UK?
One more thing is it need to show previous divorce papers to Home Office with application? Will they ask why are you bringing another dependent?

Regards,
Smartpen

[TODMATT]

Thank you again.

Do you suggest him to apply the spouse dependent visa while he is in INDIA or UK?
One more thing is it need to show previous divorce papers to Home Office with application? Will they ask why are you bringing another dependent?

Regards,
Smartpen

He can apply anywhere he likes but he needs all his evidence relating to his employment from the UK company such as employment letters, payslips & bank statements etc. Divorce paper is mandatory if either partner have previously been married before and they won't question you provided you can show to the caseworker your relationship is genuine and subsisting.

[Smartpen]

Thank you once again. It is very useful.