Tier 1 General ILR & Dependent

[Eng1n33r]

Hi all,

I entered to UK on January 2011 with Tier 2 ICT and converted to Tier 1 General on 16 March 2011. My wife and daughter have dependent visas, entered the country same date with me, and my son later born in UK in 2013. In March 2016 our visa is expiring and we will apply for ILR.

- Can I apply ILR as of February 2016 (rule says 28 days before eligibility)?
- I qualified by passing an English exam in 2011, but that exam is no longer accepted. Do I need to retake an IELTS etc?
- My wife's English is not great, does she need to pass IELTS Life Skills A1 or B1, at minimum? I know she also needs to pass Life in the UK exam (which I did).
- What happens if she cannot pass either English or Life in the UK exams? Can she get an extension as a dependent (as I know extensions were closed in April 2015), while myself and kids get ILR, or our ILR application refused for all?

Some of those questions may be answered before but the threads I found are old, rules change often, I appreciate your help. Thanks in advance.

[CR001]

- Can I apply ILR as of February 2016 (rule says 28 days before eligibility)? You can apply for ILR no sooner than 28 days before 16 March 2016.
- I qualified by passing an English exam in 2011, but that exam is no longer accepted. Do I need to retake an IELTS etc? Have a look at the new English list effective from 6th April 2015Here (Click). There is a transitional list also but the tests on the transitional list can only be used up to 5th November 2015.
- My wife's English is not great, does she need to pass IELTS Life Skills A1 or B1, at minimum? I know she also needs to pass Life in the UK exam (which I did). For ILR your wife will need to do the B1 level on the new list in the link above
- What happens if she cannot pass either English or Life in the UK exams? Can she get an extension as a dependent (as I know extensions were closed in April 2015), while myself and kids get ILR, or our ILR application refused for all? Extensions for dependents are still possible. It is only main applicants that can no longer apply for Tier 1G extensions. Your ILR will not be affectd by your wife's choice to extend PBS Dependent

As your son was born in the UK, you don't need to apply for his ILR as once you are granted ILR you can apply to register him as British Citizen if you wish.

[Eng1n33r]

Thank you for your response.

- I thought when we passed English requirement once, we didn't need to pass it again. Did this rule change as well?
- My son's visa is also expiring same date with us. If I wait for us to have ILR first for us, wouldn't he be illegal in the country without valid visa for a while (until he receives the citizenship)?

[CR001]

I am not overly familiar with the requirements of meeting the language requirement previously. I have advised based on the rule changes that came into effect on 6th April this year. After 5th November 2015, the tests on the provisional list won't be recognised any longer. Perhaps another member can answer but there could still be some minor changes before you apply, particularly to the form for ILR.

Re your son, no he won't be illegal as he has an entitlement to register as British as he was born in the UK and he does not require ILR in this scenario. If you have travel plans though, then it would be sensible and advisable to apply for his ILR too.

[azeem87]

Dear "CR001" regards with the English language requirement I have a confusion in my mind . As a Tier 1 G applicant I have passed TOEIC English language certificate in my 1st application and used same certificate for extension. But as you know this test is not valid and not in the transitional list for obvious reasons , I have to take another test for ILR , do I have to pass C1 level again as I did in my previous exams because it was the requirement for Tier 1 G visa or I have to clear B1 level ( listening & speaking ) only for ILR?

My confusion is that if some 1 passed C1 level already , do that person has to take C1 level again if required or pass the B1 level as a general English resurgent for ILR ?

[azeem87]

Sorry I meant to say general requirement.

[CR001]

Dear "CR001" regards with the English language requirement I have a confusion in my mind . As a Tier 1 G applicant I have passed TOEIC English language certificate in my 1st application and used same certificate for extension. But as you know this test is not valid and not in the transitional list for obvious reasons , I have to take another test for ILR , do I have to pass C1 level again as I did in my previous exams because it was the requirement for Tier 1 G visa or I have to clear B1 level ( listening & speaking ) only for ILR?

My confusion is that if some 1 passed C1 level already , do that person has to take C1 level again if required or pass the B1 level as a general English resurgent for ILR ?

But C1 will be acceptable.

[Eng1n33r]

In the past it was clearly stated that we don't need to re-proof our language knowledge. I remember a thread about it here about it. I think someone has applied without retaking the exam.
http://www.immigrationboards.com/uk-tie ... 87279.html

Does anyone know if there is an email address we can get this verified from UKBA?