ILR after 5years on Tier ! Entrepreneur 50K Visa

[111muhammadabd]

Hi

My wife is now eligible for ILR as she has been in the UK as dependent on Tier 1 Entrepreneur since 17th July 2017

Can someone guide me with the following

1. she was out of the country from 31/12/2019 to 16/10/2020 due to covid as all flights were canceled and she could not come back. will she be still eligible for ILR as this breaks the consecutive days' clause? if she is still eligible because of the pandemic what evidence do I need to provide?

2. she does not have a taught degree in English, so which English language test does she need to take?

3. can she go on the window and get the ILR on the same day?

Thanks in advance

[CR001]

1. It depends what date her last visa was granted and if it was before or after 18th January 2018.

2. B1 from an approved provider on the ukvi list plus the life in the UK test.

3. There is no "window" in person option anymore. She applies online and if super priority is avialbel she can pay for it. The appointment at UKCVAS is only for biometric and identity check and nothing to do with super priority.

[111muhammadabd]

Thanks, CR001

her last extension was granted on 04-10-2019 and it expires on 04/10/2022, but absences due to covid 19 will not count?

is Pearson PTE Home B1 correct?

[AmazonianX]

There are several approved test providers; see below list


https://assets.publishing.service.gov.u ... the_UK.ods

[111muhammadabd]

Thanks

But what about the absences during this 5 year span?

[zimba]

Thanks, CR001

her last extension was granted on 04-10-2019 and it expires on 04/10/2022, but absences due to covid 19 will not count?

is Pearson PTE Home B1 correct?

They would count. It is up to the UKVI to exercise discretion or not

[111muhammadabd]

Thanks Zimba

Do you mean they would count towards no absences or not

Is the 12 months period from June to June? as she left on the night of 31st December 2019 and was back in on 16th October 2020. Which will still be ok?

Can she apply for ILR? If yes, what kind evidence do we need to provide?

Do you think she needs to apply for another extension on Tier 1 entrepreneur? As I her husband is on settled status as I am on ilr?

[manci]

1. she was out of the country from 31/12/2019 to 16/10/2020 due to covid as all flights were canceled and she could not come back. will she be still eligible for ILR as this breaks the consecutive days' clause? if she is still eligible because of the pandemic what evidence do I need to provide?

The immigration rules for continuous residence now state that for the purposes of indefinite leave to remain absences caused by “travel disruption due to… pandemic” will not count towards the 180-day maximum (CR 2.3).

Provide whatever evidence you have or are able to dig up.

[111muhammadabd]

Thanks Manci

That answers my question.

[111muhammadabd]

Hi Zimba

I was filling the set (0) Form, and got a question, please

I have been receiving Child benefits for my elder daughter, she is 5 years old, but it was in my name. do I need to declare this as public funds received in the finance section or can I skip this as it was not on the main applicant's name (my wife)?

if I need to mention this will this affect my wife's ILR application as her current visa states no public funds which she never claimed anyways?

[zimba]

You are NOT part of the application. Answer No

[111muhammadabd]

Thanks Zimba, I will not mention this then.

One more thing, at the end of application, In the documents to submit list, its asking for evidence of my wife's immigration status in addition to the BRP card, what is this evidence? can you please guide me through it. Thanks

[CR001]

It is only the brp card.

[111muhammadabd]

Thanks CR001