ILR for wife -unsure for KOL & English language requirem

[dewales001]

Hi Guys,

I am not sure about the new requirements coming into effect from 28th of October for my wife ILR application.

My wife came into the UK in September 2009 as a Tier-4 dependant, then switched to Post-study work visa dependant in December 2009.

In 2011, I got my ILR through the Long residency rule and my wife applied and switched her status in December 2011 to Spouse visa with a valid IELTS test certificate as part of the requirements. Also, last year she passed her LIUK test.

Now, we are however not sure whether the new requirements will affect her SET(M) application.

Can some please advise if she will need to prove the English language proficiency and LUIK again?

[Amber]

Is your spouse not eligible for SET(M) now, before 28-Oct-2013 by virtue of immigration rule 287(a)(i)(d)?

See also, ILR - PBS DEP - FLR(M) ROUTE UPDATE (click)

[dewales001]

Is your spouse not eligible for SET(M) now, before 28-Oct-2013 by virtue of immigration rule 287(a)(i)(d)?

See also, ILR - PBS DEP - FLR(M) ROUTE UPDATE (click)

Thank you so much for your swift response. I've gone through the above link provided.

I can tell you I asked the caseworker same question at Glasgow PEO in Dec 2011 when my wife applied for her spouse visa. The caseworker advised that by virtue of immigration rule 287(a)(i)(d) my wife can only apply for her SET(M) 28 days before the end of her two years spouse visa for her application to be successful, because she was a Tier 1 (Post-Study) depedant.

Hence we have waited all this while for her to apply 28 days before (Nov. 2013) the end of her spouse visa in December 2013.

Now, we don't mind booking a premium appointment ASAP before 28th of October and apply, but we don't want to be reckless because of the amount of money involved.

Can you please advise if there are any official changes regarding this rule? If yes/no, can someone who has been successful on this similar case advise..

[Amber]

No, you were ill advised and she could likely have settled as soon as FLR(M) was granted. Apply ASAP providing she meets the requirements (before 28-Oct-2013) i.e. LIUK. I assume there were no long periods of absence.

[dewales001]

No, you were ill advised and she could likely have settled as soon as FLR(M) was granted. Apply ASAP providing she meets the requirements (before 28-Oct-2013) i.e. LIUK. I assume there were no long periods of absence.

Thank you once again for your response.

I have called the Home Office Enquiry line twice today to confirm if my wife can apply now or wait for the 28 days rule, and both confirmed she has to wait for the 28 days rule before she can apply.

As I explained earlier we are trying to be cautious here, so we will wait till she's qualified for the 28 days rule, in two weeks time.

Now, going back to my earlier question of the English test. My wife IELTS Test Report Form becomes invalid on 3rd of Nov, but my wife can only apply from 7th of November. Can she still use her IELTS TRF as a proof of English proficiency as this was what she used two years ago when she applied for her Spouse visa.

The guy I spoke with at the Home Office contact center advised she can still use it because she is applying inside the UK for her settlement visa.

Can you please advise on that?

[Amber]

No, if the certificate it invalid, it is invalid.

I think you should ask the call centre agents about immigration rule 287(a)(i)(d) and see what their response is. I actually think my pet dog knows more about immigration and nationality than half of the call centre agents.

[dewales001]

No, if the certificate it invalid, it is invalid.

I think you should ask the call centre agents about immigration rule 287(a)(i)(d) and see what their response is. I actually think my pet dog knows more about immigration and nationality than half of the call centre agents.

I think you are right about those guys at the Home Office call center. It is pointless and waste of money calling them. Some of them are not even sure about what they tell you. The last agent I spoke with doesn't know where the Immigration rule 287(a)(i)(d) is on the UKBA website, I navigated him to where the rules are on the UKBA website. I've given up calling them, they know nothing!

Back to the Enlish test again, when my wife applied for her spouse visa, she was advised by the Caseworker at the PEO that she won't need to prove her English language proficiency again for her ILR.

Is it because of the new rule of B1 level she has to prove again? If yes, her IELTS result average when she applied for the Spouse visa was 7/9 which is a C1 level and the Home Office has a copy of her TRF.

I think Home Office should able to use some common sense here in this case. Is it worth writing another test as she's just missing the test validity by a couple of days.

Please kindly share your thoughts

[Amber]

She will have to meet the B1 requirement as she met an A1 requirement for entry clearance, it'll be at the discretion of the caseworker to accept an invalid test, or not, in addition to the LIUK, if you are still avoiding rule 287(a)(i)(d).

[dewales001]

She will have to meet the B1 requirement as she met an A1 requirement for entry clearance, it'll be at the discretion of the caseworker to accept an invalid test, or not, in addition to the LIUK, if you are still avoiding rule 287(a)(i)(d).

Dear Amber,

Thank you so much for your help on this topic.

We have decided to go for the safest route, which is a new 10-minutes B1 English Test booked through englishexamcentres.co.uk for a price of £125! Test is next week and perhaps certificate would come through within 7-14 days.

Finally, can I check if LIUK done and passed last year is okay for her ILR application after 28th October. I'm guessing there's no need to do the new LUIK? Please kindly share your thoughts.

[Amber]

LIUK remains valid.

[dewales001]

LIUK remains valid.

Cheers!

[params0073]

She will have to meet the B1 requirement as she met an A1 requirement for entry clearance, it'll be at the discretion of the caseworker to accept an invalid test, or not, in addition to the LIUK, if you are still avoiding rule 287(a)(i)(d).

Dear Amber,

Thank you so much for your help on this topic.

We have decided to go for the safest route, which is a new 10-minutes B1 English Test booked through englishexamcentres.co.uk for a price of £125! Test is next week and perhaps certificate would come through within 7-14 days.

Finally, can I check if LIUK done and passed last year is okay for her ILR application after 28th October. I'm guessing there's no need to do the new LUIK? Please kindly share your thoughts.

Hi,
I can't find this trinity college exam in the authrorize test. Am I missing something ?
B1 CEFR / ESOL ENTRY LEVEL 3 ENGLISH EXAM FOR SETTLEMENT / ILR