Need help with ILR application

[sgadipat]

Hi,

I will be eligible for ILR application in November. Me and my wife are married from November 2010. She is in the UK from 2009 on Student Visa and subsequently PSW Visa. She changed to a dependent Visa only in Jan 2013.

Will I be able to apply a dependent ILR application for my wife?

Regards

[Amber]

In order to qualify under set(o) as a PBS dep she will need to meet the qualifying period as a PBS spouse. After July 2012 that period is 5 years.

[vinny]

Hi,

I will be eligible for ILR application in November. Me and my wife are married from November 2010. She is in the UK from 2009 on Student Visa and subsequently PSW Visa. She changed to PBS dependent Visa only in Jan 2013.

I have below queries
(1) Can I apply for ILR visa for my wife as we are living together from last 3 years and she is on dependent VISA from last 6 months
(2) If I can't apply for ILR for my wife, Do I need to apply for FLR(M) or need to get an extension as PBS dependent?

Regards
Sri

[vinny]

1. No, as already answered by Amber, unless she qualifies under 196E.
2. What is the basis of your ILR?

[sgadipat]

Thanks for the reply.

So she needs to be in dependent Visa category for 5 years before I can apply for her ILR, is that correct?

In that case, do I need to apply for an extension of her current Tier-1 General dependent Visa or apply for FLR(M)?

How long will they grant Visa if its Tier-1 General dependent extension? And after 5 years in this visa, can I apply for ILR?

Thanks so much for your help.

Regards
Sri

[vinny]

1. Yes.
2. Depends on the basis of your ILR.
3. 319D. See 2.

[sgadipat]

Thanks Vinny.

Can you please clarify your answer for Q2. I have seen people suggest that we can extend tier-1 general dependency even though I get ILR. But isin't this fundamentally wrong?

Also as per the information in the link we can only apply using FLR(M). Can you please confirm?

http://www.ukba.homeoffice.gov.uk/visas ... ing-in-uk/

Regards

[Amber]

If you qualify as a PBS applicant for ILR your deps can extend as PBS deps, if you qualify as a long residence applicant they should extend on flr(m).

[sgadipat]

Thanks Amber, I also got hold of ILR application guidelines from UKBA website which also says the same.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thanks for your help.

[vinny]

Hi,

I have booked my PEO on 21st Nov at Solihull office. I have a doubt regarding the new english language requirements. I have a degree from India and the transacript says the medium of instruction as "English". Along with this if I take a NARIC comparable letter, will it be sufficient?

Regards

[vinny]

See also Does your degree meet the B1 requirement?

[sgadipat]

to: SettlementOpsPolicy@homeoffice.gsi.gov.uk
date: Tue, Nov 5, 2013 at 3:08 AM
subject: Settlement Knowledge of language (New rule effective 28th November 2013) query - Tier 1 General category

II would like to get clarification on applying for ILR, based on the new rule effective 28th November 2013 regarding knowledge of language requirement.

I have done my Bachelors of Engineering degree from one of the university in India, this university is recognized in points based calculator (PBS) and I have already proved my English language requirement when I applied for my initial Tier 1 General visa in the year 2008.

My query is do I need to prove my knowledge of English for my settlement? If yes, would a letter from the university stating the medium of education for my bachelors degree was taught in English and original Bachelors degree certificate is sufficient?

Is it mandatory to submit UK NARIC statement of comparability certificate for my bachelors degree while I apply for my settlement as my degree and university is recognized in the Points based calculator (PBS) ?

Please would you clarify this? Your response will help me immensely, and I appreciate your time and consideration very much for the same.

Regards

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Reply for that

Dear Sir/Madam

Thank you for your enquiry regarding the revised knowledge of Language and Life in the UK (KOLL) requirement which came in to force on 28th October 2013.

The points calculator is designed for PBS migrants, however if a non-PBS applicant is able to confirm using the calculator that their degree is comparable to a UK degree, and that they have been awarded 10 points for English skills, then they can submit a print out of the calculator’s assessment of their points, together with their original degree certificate, as evidence that they have met the English language element of the KOLL requirement.

Please note that you will still need to pass the Life in the UK test in order to confirm your knowledge of life in the UK.

Regards

Mrs C Richards

Mrs C Richards
Nationality Policy Advisor | Operational Policy & Rules Unit
Immigration & Border Policy | Home Office

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Looks like Points calculator is enough for Tier-1 General applicants doing ILR. I thought this would help others.