ILR refused and Limited Leave to Remain given

[Dinsey]

Hi, my wife who is indian has been refused ILR due to not having passed life in the UK test, she has done ESOL level 2 but they wanted level 3.

Came to the UK on spouse VISA June 2005, applied in June 2007 for ILR, they gave Limited Leave to Remain for 2 years until 2009.

Question is, the visa states no recourse to public funds, what does this exactly mean.

My wife works, we do not claim any benefit (only child benefit). Now she is pregnant is she entitled to government (statutory) maternity pay. She has not worked long enough for her employeer to pay so i guess she needs to apply via the statutory one?

Thanks In Advance

[Christophe]

See this page, from the BIA website. Statutory maternity pay, being based on National Insurance contributions, does not count as public funds for this purpose.

Of course, if your wife were eligible for enhanced maternity pay from her employer (which you say she isn't), that would not count as public funds either.

[Dinsey]

as ever so prompt and helpful with replies.

thanks, we will contact her employer about the maternity pay and see if she is eligable for the statutory,

we were unsure and didnt want it to impact the ILR, for when we do re apply.

[jes2jes]

See this page, from the BIA website. Statutory maternity pay, being based on National Insurance contributions, does not count as public funds for this purpose.

Of course, if your wife were eligible for enhanced maternity pay from her employer (which you say she isn't), that would not count as public funds either.

Chris,
Would she be able to apply for ILR anytime she passes the LIUK Test or ESOL Level 3? I was thinking she should be able to but clarification is necessary.

[mym]

As they have given her 2 more years FLR it is worth mentioning that after 3 years she can (assuming she is married to a UK citizen) naturalize without ILR via the 'ppron method'.

[Dinsey]

jes2jes good point, i didnt think of that, as they sent back all the paperwork and said the reason they refused and gave a further 2 years was because she had not had the required qualification.

surely wont they charge me another £750 and require all my paperwork again.

Thanks for the continuing advice,

[JAJ]

As they have given her 2 more years FLR it is worth mentioning that after 3 years she can (assuming she is married to a UK citizen) naturalize without ILR via the 'ppron method'.

Life in the UK Test or sufficient alternative English language competence is still required for the ppron method. As an Indian citizen she would also need a visa if the plan was to lodge the application in Dublin.

[Christophe]

surely wont they charge me another £750 and require all my paperwork again.

I think that they probably would, since it would be a fresh application. But I stand to be corrected on that...

[jes2jes]

surely wont they charge me another £750 and require all my paperwork again.

I think that they probably would, since it would be a fresh application. But I stand to be corrected on that...

Can you please answer my question above albeit re-apply for ILR anytime the test is passed in the forseable future without waiting for the two years leave to expire or near expiration.

Thanks

[Christophe]

Can you please answer my question above albeit re-apply for ILR anytime the test is passed in the forseable future without waiting for the two years leave to expire or near expiration.

Thanks

Me? Yes, she could apply for ILR as soon as she has passed the test: she doesn't have to wait until her present leave to remain expires.

[tinux]

Hi



I have a question please. My friend has passed Essol level 1 in reading writting and is also registered in college for the rest of the course and has a letter stating that she is attending the course and that she successfully passed the two modules.
Is this enough for the HO when applying for PR (she has a 2 year spouce visa and has a kid and is pregnant . her husband is british and they have been married for more than 4 years 2 years living in the Uk together)or does she need to pass level 1 in speaking and listening too???????? no one seems to give her a clear answer not even the HO on their general enquiry number.

I thank you again for taking time to answer if possible the above question.

Regards

[stmellon]

Hi tinux,

Permanent Residency (PR) is termed Indefinite Leave to Remain, or ILR. This should help you when you are browsing for information.

I'm basing my answer on the following website:

http://www.ind.homeoffice.gov.uk/applyi ... ifeintheuk

From what it says there (copied below), I believe that it would not be sufficient to pass only two modules; your friend would have to pass the entire course including the citizenship content.


I hope that this is helpful to you.



==========================================

ESOL with citizenship content courses.



If you are not yet at ESOL Entry 3 you will be able to meet the new requirements by successfully completing a language course, involving learning materials which incorporate information about citizenship. These materials are intended to enable you to gain sufficient knowledge of the UK at the same time as developing your knowledge of the English language. In order to meet the requirements for settlement, you will need to show that you have progressed from one ESOL level to the next.


Courses are, or will be, available at many Further Education, Adult and Community Colleges across the UK. You will need to make sure the college course that you enrol for includes the "language with citizenship" materials and that the college will give you a letter to this effect when you have successfully gained your qualification.

[tinux]

Thanks for the quick reply

she was told that as long as she is doing the ESol with citizan course and has passed one level to another is enough does not have to pass the three levels.
but I am not sure.

[stmellon]

That's the way I understand it, tinux, but "passing from one level to another" surely means passing all modules in the level.

She would not have to pass Reading level 1, level 2 and level 3 but she would have to pass Reading level 1, Writing level 1, Speaking level 1 and Listening level 1.

[tinux]

That's the way I understand it, tinux, but "passing from one level to another" surely means passing all modules in the level.

She would not have to pass Reading level 1, level 2 and level 3 but she would have to pass Reading level 1, Writing level 1, Speaking level 1 and Listening level 1.

Thanks for taking time to reply again

I am confused because on the application form she showed me. it stated that the requirement was for speaking and listening and nothing was mentioned about reading and writting. so i was wondering whether they would take that into account.

[John]

I have just read through this and feel it is getting unnecessarily complicated!

When applying for the ILR she needed to enclose either a pass certificate from the Life in the UK Citizenship test, or alternatively a completion certificate from a combined ESOL/Citizenship course.

If neither can be forwarded it is a total waste of money applying for the ILR.

surely wont they charge me another £750 and require all my paperwork again.

Of course they will, it is an application fee, not a success fee.

What you should have done recently was not apply for ILR but instead apply for FLR. That would have cost you "just" £395. But instead you applied for ILR at a cost of £750. Thank goodness that you got FLR from that ILR application.