English Requirement

[t2change]

Hi,

I have submitted Online Application for T2 ICT to T2 General and realized that it never asked me to put any details for English Requiement(my degree details) for filling up the form. Also in the cover sheet, it does not ask for my degree certificate in the required documents.

When I look at the paper form, it asks for the same.
Have I done anything wrong? What should I now?

[manci]

the paper form says:

Section N - English Language
You do not need to complete this section if you have answered Tier 2 (Intra Company Transfer) at
question L1

[t2change]

Thanks Manci.
But question L1 is:
l
1. What category are you applying for?
Tick the relevant category
Tier 2 (General). Go to question L4
Tier 2 (Sportsperson). Go to question L4
Tier 2 (Minister of Religion). Go to question L4
Tier 2 (Intra Company Transfer). Go to question L2

For me, option 1 Tier 2 General is applicable...
What to do now?

[manci]

You are right, when switching from T2 ICT to T2G you have to score 10 points for English - see also the points calculator.

I'm not familiar with the online process but you probably missed something. If you can, log in again make the necessary amendment. If this is not possible and if nobody on the forum offers further advice call UKBA on 0870 606 7766 and/or email ApplyOnlineE-Support@homeoffice.gsi.gov.uk

Remember also that an application can be varied before a decision is made on it.

[t2change]

Hi Manci,

My appointment is on 2/Jan and tomorrow is holiday.
I have crosschecked by creating another draft in the online application system and when I choose my previous leave as T 2 ICT, the English requirement section is automatically removed.

Now what should I do day after tomorrow? Can my application be rejected because of their own system fault? Please help.

Also note that now submitted application data cannot be changed by me in the online system.

[t2change]

Hi Manci,

My appointment is on 2/Jan and tomorrow is holiday.
I have crosschecked by creating another draft in the online application system and when I choose my previous leave as T 2 ICT, the English requirement section is automatically removed.

Now what should I do day after tomorrow? Can my application be rejected because of their own system fault? Please help.

Also note that now submitted application data cannot be changed by me in the online system.

I am planning to specify the issue in Cover letter for my PEO appointment. I am 100% sure that I have not done mistake. To be on the safer side, how do I VARY the application on the day of my appointment?

[manci]

deleted

[manci]

I would suggest that you complete and take with you a paper application form and the original supporting document you have for English.

Also write a letter to the HO requesting to vary the online application and saying that the fee has already been paid (but have a payment card with you). For varying an application a new application has to be made, that is why you should take the completed paper form with you.

The above may not be necessary, it will depend on the caseworker, explain the situation when you come to speak with him/her.

Good luck and let the forum know how you got on on Thursday.

PS - Don't say in the letter, or to the caseworker, that you are 100% sure that the HO system was at fault.

[t2change]

Thanks Manci for your suggestion especially the PS one.
I shall follow your advice and will get back to forum with my result. If my application gets rejected, it is going to be a disaster for me.

By the way, when I applied for ICT in 2010, may be English Requirement was mandatory and hence the system might have the logic to remove that section. They already saw the document earlier. But anyways, I cannot take a chance.

[manci]

in 2010 there was no requirement for English for T2 ICT entry clearance, English was only required for T2 ICT extensions beyond 3 years. Now even that requirement has been removed.

If in 2010 you nevertheless submitted a document for English that would satisfy today's requirements that is good. Take with you a copy of your old T2 ICT application.

[t2change]

I don't have any copy of my previous applications. All taken care by employer.
Anyways, I submitted my Degree Certificate both for entry clearance and previous extensions..

[t2change]

in 2010 there was no requirement for English for T2 ICT entry clearance, English was only required for T2 ICT extensions beyond 3 years. Now even that requirement has been removed.

If in 2010 you nevertheless submitted a document for English that would satisfy today's requirements that is good. Take with you a copy of your old T2 ICT application.

Hi Manci,
While filling the paper form, I came across question N4, Confirm the reason why you automatically meet the English language requirement.
Option 7:
I have or last had entry clearance, leave to enter or leave to remain as a:
i) Tier 2 migrant under the Rules in place before 6 April 2011

Can you please confirm if you would still recommend me to have a cover letter and a VARY application? Sorry if I am asking too many questions.

[manci]

The rules are set out in Appendix B to the Immigration Rules
http://www.ukba.homeoffice.gov.uk/polic ... appendixb/

Read them carefully, including the transitional arrangements. As far as I can see there is an English requirement in your case provided you were not a work permit holder prior to being granted T2 ICT leave. You did not disclose your full immigration history, so I cannot tell if that was perhaps the case.

I see option 7 under N4 on the paper application form which doesn't seem to accord with Appendix B (in my opinion) insofar as under (i) it doesn't only refer to T2 (General), but more broadly just to T2. However, if the paper form is correct (or perhaps because you were on work permit beforehand) that would explain why the online process didn't flag up English.

[t2change]

Thanks a ton Manci.
No, my first Entry Clearance was ICT in 2010.
My further plan of action is:
A cover letter as follows:

To,
The Case Worker,
UKBA PEO Office
XXX
XXX

Reg: Clarification on English Language Requirement (Ref no. XXXXXXXXXXXXXXXX).
Dear Sir/Madam,
I have applied for switching my immigration category from Tier 2 ICT to Tier 2 General and submitted my application online. However I realized that Online System did not give me an option to specify the details for meeting the English requirement.
I would like to claim points for the English Language Requirement based on below points:
1) I automatically qualify for this requirement because I have already provided evidence of meeting this requirement in my previous Tier 2 ICT applications.
OR
2) I am submitting the original copy of Degree Certificate which is equivalent to a UK Bachelor’s degree or above (please refer enclosed PBS Calculator Summary).
OR
3) If my online application is not valid because it does not have the option to specify the details, I would request you to VARY my application and please consider the Tier 2 paper form filled by me where the only difference is that the details for English Language Requirements are filled.
Thanks a lot for your time and consideration.
Regards,
XXXXXXX


I would carry a paper form. Should that suffice?

[manci]

letter looks good, take the completed paper form with you to the PEO appointment.

Read about variations of applications on p36 here:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I assume you had valid T2 ICT leave when you applied to switch to T2G

[t2change]

letter looks good, take the completed paper form with you to the PEO appointment.

Read about variations of applications on p36 here:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I assume you had valid T2 ICT leave when you applied to switch to T2G

Thanks Manci for your help. Yes, I do have valid ICT leave. The link is very confusing for a person like me .
One last thing, do I need to complete any seperate form apart from T2 Paper form for "varying"?
Now I think you know everything about my issue. Do I risk a rejection by any chance due to this issue? I understand there is many a slip twixt the cup and the lip.

[manci]

only the completed normal application form is needed for varying a previous application.

I doubt if the English issue will cause any problem if the application is otherwise OK

[t2change]

Thanks Manci for all your help.
I shall get back to the forum soon.

[t2change]

Hi Manci,

First of all I would like to thank and appreciate all your help. I got the approval letter for my application. When I told the person who was collating my documents that I have also filled paper form if in case my application need to be varied, he responded saying as long as you submitted your original certificate it should be fine.

In documents I gave 4 page cover letter generated by online application, Passport, BRP and degree. Surprisingly the coversation was,
CW: You don't want to submit anything else?
Me: I would like to if it is required.
CW: No, I was just confirming.


All went well and approval letter given.

Now I have couple of questions (sorry for asking too many):

1) My dependents' visa are valid till Mar based on my ICT leave. Is it ok to apply by post for their switch to new T2 G dependent after a month or do I need to do it right away?

2) Should I wait for BRP before I resign or is the letter approval sufficient for this progression?

Thanks..

[manci]

Congratulations.

1. Your dependants can apply by post before their leaves expire in March.

2 Your choice - this is from the T2 policy guidance:

202. It is recommended that you do not commence employment until you have received your
biometric residence permit (BRP). However, on the basis of your approval letter, if you
and your sponsor agree to commence the employment before you have your BRP, both
you and your sponsor carry the risk of having no statutory excuse against a civil penalty if
the BRP card is incorrect or withdrawn by us. You can continue working for your previous
sponsor until the start date on your new Certificate of Sponsorship, provided your previous
leave has not expired.

[arunfruity]

Ok since nobody really helped me with my post today morning about the english lang test ..I am posting it here again

I am Arun Currently residing and working in London with a Tier 2 General Visa. I am Getting Married Next month (Feb 2014) and Until now I am unsure of many things regarding PBS dependant Visa. Can any one of you help me with the following

1. English Lang requirement : is it necessary for my wife to show the eng lang proof through IELTS or is it enuf that we use her BE Degree certificate from Anna University India ?

2. Bank Statements : Can the maintenance money be in my wife's account for 3 months period and use that as Maintenance proof ?

3. Tenancy Document : this is really confusing I have not seen anywhere in UKBA about the Tenancy Document ? is this definitely required ?

4. Should I use online application form and take print out of it If she is am applying from India or should she also fill VAF10 form

I will be very thankful to you guys if you can help me with these above questions

[t2change]

1. English Requirement is only for Main Applicant and not for dependents. By the way if you want to check if your wife's degree qualifies for scoring you can check it in http://www.ukba.homeoffice.gov.uk/pointscalculator . This is just for info as you need not to prove this to UKBA for dependent visa.

2. Yes, you can show required funds either in your or your dependent's account as long as they are held for 90 days.

3. No need for Tenancy Document. Why to submit unnecessary documents? Anyways, people may have a different opinion on this.

4. If you are applying for a visa from India, you should apply using application system, Visa4UK
VAF9 form is valid.


Please note I am not an expert.

[manci]

Ok since nobody really helped me with my post today morning about the english lang test ..I am posting it here again

Please don't be impatient, you only posted this morning. If in the intervening time you had taken the trouble to search the forum and the policy guidance, or looked at VAF10, you would have found the answers to your question. The policy guidance is here:
http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf

I am Arun Currently residing and working in London with a Tier 2 General Visa. I am Getting Married Next month (Feb 2014) and Until now I am unsure of many things regarding PBS dependant Visa. Can any one of you help me with the following
.
1. English Lang requirement : is it necessary for my wife to show the eng lang proof through IELTS or is it enuf that we use her BE Degree certificate from Anna University India ?
there is no English language requirement for PBS dependants

2. Bank Statements : Can the maintenance money be in my wife's account for 3 months period and use that as Maintenance proof ?
yes

3. Tenancy Document : this is really confusing I have not seen anywhere in UKBA about the Tenancy Document ? is this definitely required ?
not required


4. Should I use online application form and take print out of it If she is am applying from India or should she also fill VAF10 form
You need to check but if in India online application is mandatory there is no need to complete VAF10, however, you can use it as reference incl. the Guidance Notes that go with it

I will be very thankful to you guys if you can help me with these above questions

[arunfruity]

Thank u. Manci that was indeed timely help

Tc
Arun