Please help (Queries on ILR)

[nihalnigania]

Hi,

I am completing 5 years in UK on 29th April 2014. I have few queries can you please help

1. Can I apply for ILR few weeks in advance i.e. say 15th April?
2. I am completing 5 with a combination of ICT (2 years) and Tier 1 General (3 Years). Hope that will not be a issue.
3. My wife is in UK with me since last 4 years. Can we apply for ILR together i.e. I dont need her to complete 5 years before we can apply?
4. I have a degrre taught in Engligh. Do I need to give the test to show knowledge of Language or does it need to be attested by NARIC i.e. do i need to send my degrre to NARIC?

Thanks in advance for responding.

[Amber]

1. When were you given Entry Clearance and when did you enter the UK?
2. Should be ok.
3. You can apply together so far as she was a PBS dep before July 2012 and has been since.
4. So far as the degree is awarded 10 points for English Skills and 20+ for qualification, a print-out will suffice.

[nihalnigania]

Thanks for your reply.

My first visa was valid from 15th MArch 2009 and I entered UK on 29th April. So whats the earliest date I can apply for my ILR.

Also What prrof do i submit for the evidance of 5 years in UK as some of the stamps in the passport is fading.

[Amber]

From 28 days before 15th MArch 2014. No proof if you have a passport covering the period and know absence dates.

[nihalnigania]

Are you sure about 28 days before 15 march instead of 29 th april I.e. The date when I entered uk

[nihalnigania]

One more question..

My wife is on dependant visa..she has a degree taught in English..will that suffice for her for knowledge of language..or do I need to send the certificate to naric..

[Amber]

If she's also awarded the points on the PBS calculator in addition to LIUK.

[nihalnigania]

No she was not given point on pbs as for tier 1 dependant I don't think it was mandatory

[Amber]

No, I meant check now and see

[nihalnigania]

Do you know where should I check.. To put the query in short

I am on tier 1 and my wife on dependant visa she has got a degree taught in English.. Does she need to take the English test?

[Amber]

I mean input your wife's degree particulars into the PBS calculator, if 20+ points are awarded for qualification and 10 for English Skills, a print out of suffice should satisfy B1 in addition to LIUK.

[nihalnigania]

Thanks for answering all my queries..May be one last one..my current visa I.e tier 1 expires in 2016 will I still be able to apply for my ilr 28 days before completing 5 years?$

[Amber]

Yes, providing you meet the requirements.

[chiru09]

Hi Amber,

Please can you help on similar lines.

My first Tier 1 visa was granted on 9th FEB 2009 But I landed in UK on 1st March 2009.

Please could you confirm whether 28 days before calculation to apply for ILR is for 9th FEB 2014 or 1st March 2014 ? I am confused on this because there was a time when everyone used to mention that we need complete 5yrs from the time we land in UK .

Please could you confirm and guide me to the right UK BA document which states so ?

Thanks in advance.

Regards,
Arun

[aky_5552]

Hi ,
As per UKBA.
Guidance –ILR – calculating continuous period in the UK The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.

[chiru09]

hi,

In SET O , Guidance , I could only find the below statement. Please can you or experts confirm where its mentioned that 28days before initial permission rather than date entered into UK ?

5 WHEN TO APPLY
You and any dependants applying with you should
apply before the end of your/their permitted stay in
the UK.
There is a qualifying period to complete in most of
the categories on this form. It runs either from
-
the date on which you entered the UK with a
visa
in the relevant category; or, if you did not enter
the
UK with such a visa, from
-
the date on which you were first granted permis-
sion to remain in the UK in the relevant category.
If you entered the UK with a visa several weeks or
more after the date from which it was valid for use,
you may need to apply for an extension of stay to
complete the relevant qualifying period.
Please do not apply more than 28 days before
completing the qualifying period. If you apply ear
-
lier than that, your application may be
refused. If
that happens, we will not refund the fee and you
will have to pay again when reapplying

[chiru09]

HI Guys,

Please can anyone help with right information link from UK BA which gives more clarity on my request

[chiru09]

HI All,

I am glad I found it myself, hope it helps for others.

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

Page 21 says as below:

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence