Life in the UK test pass question

[delta_force]

I came across this question Physical or mental conditions "Do you or your partner have any physical or mental conditions which require at-home personal care or medical assistance? Yes No Please provide details Maximum of 500 characters You will have to provide a headed letter from a medical practitioner who holds either an NHS consultant role, or who appears in the Specialist Register of the General Medical Council. The letter must provide a private practice or hospital address and include full details of any medical conditions you or your partner have."

My wife suffers from ocd and the Council has a care package in place where the carer pays a visit of two hours three days a week to help her with choirs and kids, it ain't her care, but more around household work as she is being treated for extreme ocd. I do qualify for ILR based on my salary and don't seek any medical exemption.

If I answer it yes, it requires a letter from a consultant about the condition and more questions concerning it. Please can you guide how to tackle this? If I answer no, as I don't seek any exemption on medical grounds, would it be fine or considered being dishonest? Has anyone dealt with the same scenario or any guidance, please? Just to highlight that question is asked during the initial personal and partner info filling section.

[zimba]

The visa application is not a full disclosure.
That question is asked for people who need to apply for an exemption from LIUK and the English language test. Only answer yes when you are trying to get an exemption which requires evidence from a doctor

[MrGamgee]

The visa application is not a full disclosure.
That question is asked for people who need to apply for an exemption from LIUK and the English language test. Only answer yes when you are trying to get an exemption which requires evidence from a doctor

I am going through the same situation and kindly disagree with your statement. I don't believe there is any evidence to suggest what you're saying is true? Several things to consider:

1. The question is asked in the partner details section which is about disclosing facts about your relationship and details about your partner?
2. The exact same question is asked on previous FLR(M) applications without the required letter in the evidence section
3. There is a separate section on the form specifically for asking for exemption for Life in the UK test which contradicts your advice regarding this question
4. The question asks about whether "you or your partner" have any physical or mental conditions, why would my British partner having a condition be relevant for an exemption?
5. Disclosure of relevant facts is actually required. Why would disclosing the British partner having a medical condition mean you're asking for an exemption?

In light of the above points, can that question be for another purpose? i.e. if the requirements are not met then exceptional circumstances are considered and a physical/mental condition is considered as such?

[zimba]

The visa application is not a full disclosure.
That question is asked for people who need to apply for an exemption from LIUK and the English language test. Only answer yes when you are trying to get an exemption which requires evidence from a doctor

I am going through the same situation and kindly disagree with your statement. I don't believe there is any evidence to suggest what you're saying is true? Several things to consider:

1. The question is asked in the partner details section which is about disclosing facts about your relationship and details about your partner?
2. The exact same question is asked on previous FLR(M) applications without the required letter in the evidence section
3. There is a separate section on the form specifically for asking for exemption for Life in the UK test which contradicts your advice regarding this question
4. The question asks about whether "you or your partner" have any physical or mental conditions, why would my British partner having a condition be relevant for an exemption?
5. Disclosure of relevant facts is actually required. Why would disclosing the British partner having a medical condition mean you're asking for an exemption?

In light of the above points, can that question be for another purpose? i.e. if the requirements are not met then exceptional circumstances are considered and a physical/mental condition is considered as such?

I am not fully up to date with the exact details of the ILR forms as they regularly are updated and changed and also we do not personally fill them (applicants do and report here)

In general, answers to the questions on the online form are used to figure out your circumstances for the eligibility requirements concerning the conditions of an application. It is not asking you to declare information just for the sake of declaring it. The same form asks if you are a director of a company. If you answer YES, then the system assumes you want to claim income points as a director of a limited company and asks for extensive evidence as required in the document sections (even if you never intended to rely on such income) This is often the source of confusion for many and similar questions come up many times here.

The rule of thumb is that any claims made on the form will need to be substantiated with evidence and often are associated with either a requirement or an exception under the rules of your route. If those do not apply to you, then the advice is to not treat the questions as full disclosure. Treat the questions on the form as intentional with the view of the rules. Obviously, most of the blame is on the UKVI for creating confusing forms

[MrGamgee]

The visa application is not a full disclosure.
That question is asked for people who need to apply for an exemption from LIUK and the English language test. Only answer yes when you are trying to get an exemption which requires evidence from a doctor

I am going through the same situation and kindly disagree with your statement. I don't believe there is any evidence to suggest what you're saying is true? Several things to consider:

1. The question is asked in the partner details section which is about disclosing facts about your relationship and details about your partner?
2. The exact same question is asked on previous FLR(M) applications without the required letter in the evidence section
3. There is a separate section on the form specifically for asking for exemption for Life in the UK test which contradicts your advice regarding this question
4. The question asks about whether "you or your partner" have any physical or mental conditions, why would my British partner having a condition be relevant for an exemption?
5. Disclosure of relevant facts is actually required. Why would disclosing the British partner having a medical condition mean you're asking for an exemption?

In light of the above points, can that question be for another purpose? i.e. if the requirements are not met then exceptional circumstances are considered and a physical/mental condition is considered as such?

I am not fully up to date with the exact details of the ILR forms as they regularly are updated and changed and also we do not personally fill them (applicants do and report here)

In general, answers to the questions on the online form are used to figure out your circumstances for the eligibility requirements concerning the conditions of an application. It is not asking you to declare information just for the sake of declaring it. The same form asks if you are a director of a company. If you answer YES, then the system assumes you want to claim income points as a director of a limited company and asks for extensive evidence as required in the document sections (even if you never intended to rely on such income) This is often the source of confusion for many and similar questions come up many times here.

The rule of thumb is that any claims made on the form will need to be substantiated with evidence and often are associated with either a requirement or an exception under the rules of your route. If those do not apply to you, then the advice is to not treat the questions as full disclosure. Treat the questions on the form as intentional with the view of the rules. Obviously, most of the blame is on the UKVI for creating confusing forms

I understand your argument, however, can you assume it applies to all questions on the form? You are correct in saying answers to certain questions affect the eligibility criteria, however, I believe it is usually reflected in the immigration rules.

You stated the question is regarding requesting an exemption for the English language and Life in the UK requirement. If that is the case, how do you explain the questions under other relevant sections that directly and specifically ask if you're asking for an exemption? Can you then conclude that it is not necessarily related? If the question is not regarding an exemption for English language and Life in the UK test, then what is it for?

Usually some people applying under adequate maintenance can be in receipt of disability benefits and therefore probably have some physical or mental condition. Are you saying that simply answering "Yes" to this factual question changes your eligibility based on your British partner's disability? If so, what part of the immigration rules is this listed under? What happens in case no such document is provided? What is the grounds for refusal in such a case? All of this can be answered regarding the "director" example you provided because it is stated in the immigration rules, however, can you clarify how the British partner's mere fact of disability can affect the eligibility criteria just because the online form asks for a document?

What about the fact that you are required to list all of the reasons for why you need to remain in the UK? You are essentially signing a document that all of the information you provide is correct and it includes all other reasons for your stay in the UK.

Lastly, under Appendix FM it does clearly state that not disclosing relevant facts or withholding information can be grounds for refusal. How can you be certain that this question is not a factual question?

[delta_force]

Thank you to both of you, you both are knowledgeable in this field. I am also trying to get clarification from the Mental Health team if the help that is being offered to my wife comes under the definition of "Personal care" or family care because strictly speaking, she does not need personal care but rather help with daily life activities & kids while she is being treated for OCD. Carers are focused on getting tasks done with her which otherwise would be delayed because of the OCD.

I would highly appreciate receiving conclusive advice on this matter and moving on. Speaking about the company director, my wife is a director of a company but it's been dormant for years so should I answer that one as yes or no too.

Just to give you a clear idea of my situation, we have a joint mortgage and my name on the land registry for "accommodation proof", I have MBA from a UK University for "English language requirements" and passed LIFEINUK test. More than enough cohabitation proof like council letters, NHS, bills etc, two kids and my current job is well above the minimum threshold and I have been working for the same employer for more than a year so six months' payslips and bank statements should do it. I entered the UK on 07 March 2019 so based on the 28-day rule, I believe I should be eligible to lodge an application from 08/09 Feb 2024 and aiming for about 12 Feb 2024. I did not go via the solicitor route because they are too expensive and have too much financial strain plus I had an idea that it would not be a complex process until I ran across this question.
I appreciate your time and help. Please let me know what should be done!

[zimba]

You stated the question is regarding requesting an exemption for the English language and Life in the UK requirement. If that is the case, how do you explain the questions under other relevant sections that directly and specifically ask if you're asking for an exemption? Can you then conclude that it is not necessarily related? If the question is not regarding an exemption for the English language and Life in the UK test, then what is it for?

It is all asked so that the UKVI can exercise discretion when the applicant may not qualify normally. The family rules have tons of details which are not largely considered, unlike many other routes. It is to secure exemption for LIUK, English language and also other exceptional reasons:

The impact of a mental or physical disability or of a serious illness which requires ongoing medical treatment Moving to another country may involve a period of hardship for any person as they adjust to their new surroundings, whether or not they have a mental or physical disability or a serious illness which requires ongoing medical treatment. But independent medical evidence could establish that a physical or mental disability, or a serious illness which requires ongoing medical treatment, would lead to very serious hardship: for example, due to the lack of adequate health care in the country where the family would be required to live. As such, in the absence of a third country alternative, it could amount to an insurmountable obstacle to family life continuing overseas.

I suggest reading the rules and looking at the official guide: https://assets.publishing.service.gov.u ... tances.pdf

Usually some people applying under adequate maintenance can be in receipt of disability benefits and therefore probably have some physical or mental condition. Are you saying that simply answering "Yes" to this factual question changes your eligibility based on your British partner's disability? If so, what part of the immigration rules is this listed under? What happens in case no such document is provided? What is the grounds for refusal in such a case? All of this can be answered regarding the "director" example you provided because it is stated in the immigration rules, however, can you clarify how the British partner's mere fact of disability can affect the eligibility criteria just because the online form asks for a document?

There is no grounds for refusal at all. If you make a claim, they expect to see the evidence for it. As I showed you above, this is to determine if the applicant could qualify for discretion or not. If you do not provide any evidence, they just treat your application without that evidence as normal. They are not trying to catch you. As I said, it is asked to see if you may qualify for any discretion/exemptions. Optional to provide details or not

What about the fact that you are required to list all of the reasons for why you need to remain in the UK? You are essentially signing a document that all of the information you provide is correct and it includes all other reasons for your stay in the UK.

You do not need to detail any OTHER reasons why you need to be in the UK. If you do, the system will ask for the evidence just as I explained. You are NOT required to provide ADDITIONAL reasons for why you want to stay in the UK at all.

Lastly, under Appendix FM it does clearly state that not disclosing relevant facts or withholding information can be grounds for refusal. How can you be certain that this question is not a factual question?

Appendix FM does not cover the general grounds for refusal. Part 9 of the rules does. That also only applies to failure to disclose RELEVANT facts due to false representation. Not telling them about the details of your therapy sessions is not relevant to the grant or refusal of your ILR. You are NOT required to disclose irrelevant facts that have no impact on the application. Disclosing some fact in order to seek an exemption or discretion is obviously optional

[zimba]

Thank you to both of you, you both are knowledgeable in this field. I am also trying to get clarification from the Mental Health team if the help that is being offered to my wife comes under the definition of "Personal care" or family care because strictly speaking, she does not need personal care but rather help with daily life activities & kids while she is being treated for OCD. Carers are focused on getting tasks done with her which otherwise would be delayed because of the OCD.

I would highly appreciate receiving conclusive advice on this matter and moving on. Speaking about the company director, my wife is a director of a company but it's been dormant for years so should I answer that one as yes or no too.

Just to give you a clear idea of my situation, we have a joint mortgage and my name on the land registry for "accommodation proof", I have MBA from a UK University for "English language requirements" and passed LIFEINUK test. More than enough cohabitation proof like council letters, NHS, bills etc, two kids and my current job is well above the minimum threshold and I have been working for the same employer for more than a year so six months' payslips and bank statements should do it. I entered the UK on 07 March 2019 so based on the 28-day rule, I believe I should be eligible to lodge an application from 08/09 Feb 2024 and aiming for about 12 Feb 2024. I did not go via the solicitor route because they are too expensive and have too much financial strain plus I had an idea that it would not be a complex process until I ran across this question.
I appreciate your time and help. Please let me know what should be done!

I already covered why answering certain questions will generate a confusing document list. You are NOT required to provide irrelevant documents as explained in detail above.

[MrGamgee]

You stated the question is regarding requesting an exemption for the English language and Life in the UK requirement. If that is the case, how do you explain the questions under other relevant sections that directly and specifically ask if you're asking for an exemption? Can you then conclude that it is not necessarily related? If the question is not regarding an exemption for English language and Life in the UK test, then what is it for?

It is all asked so that the UKVI can exercise discretion when the applicant may not qualify normally. The family rules have tons of considerations which are not largely considered, unlike many other routes. It is to secure exemption for LIUK, English language and also other exceptional reasons:

The impact of a mental or physical disability or of a serious illness which requires ongoing medical treatment Moving to another country may involve a period of hardship for any person as they adjust to their new surroundings, whether or not they have a mental or physical disability or a serious illness which requires ongoing medical treatment. But independent medical evidence could establish that a physical or mental disability, or a serious illness which requires ongoing medical treatment, would lead to very serious hardship: for example, due to the lack of adequate health care in the country where the family would be required to live. As such, in the absence of a third country alternative, it could amount to an insurmountable obstacle to family life continuing overseas.

I suggest reading the rules and looking at the official guide: https://assets.publishing.service.gov.u ... tances.pdf

Usually some people applying under adequate maintenance can be in receipt of disability benefits and therefore probably have some physical or mental condition. Are you saying that simply answering "Yes" to this factual question changes your eligibility based on your British partner's disability? If so, what part of the immigration rules is this listed under? What happens in case no such document is provided? What is the grounds for refusal in such a case? All of this can be answered regarding the "director" example you provided because it is stated in the immigration rules, however, can you clarify how the British partner's mere fact of disability can affect the eligibility criteria just because the online form asks for a document?

There is no grounds for refusal at all. If you make a claim, they expect to see the evidence for it. As I showed you above, this is to determine if the applicant could qualify for discretion or not. If you do not provide any evidence, they just treat your application without that evidence as normal. They are not trying to catch you. As I said, it is asked to see if you may qualify for any discretion/exemptions. Optional to provide details or not

What about the fact that you are required to list all of the reasons for why you need to remain in the UK? You are essentially signing a document that all of the information you provide is correct and it includes all other reasons for your stay in the UK.

Fully enough you do not need to detail any OTHER reasons why you need to be in the UK. If you do, the system will ask for ts evidence just as I explained. You are NOT required to provide ADDITIONAL reasons for why you want to stay in the UK at all.

Lastly, under Appendix FM it does clearly state that not disclosing relevant facts or withholding information can be grounds for refusal. How can you be certain that this question is not a factual question?

Appendix FM does not cover the general grounds for refusal. Part 9 of the rules does. That also only applies to failure to disclose RELEVANT facts due to false representation. Not telling them about the details of your therapy sessions is not relevant to the grant or refusal of your ILR. You are NOT required to disclose irrelevant facts that have no impact on the application. Disclosing some fact in order to seek an exemption or discretion is obviously optional

Thank you for this. That is quite helpful actually. So would you say that ticking "Yes" and not providing the letter would not necessarily result in a refusal but its more to be used if exceptional circumstances need to be considered IN CASE the applicant does not meet all of the requirements?

[zimba]

Correct. It is not that adversarial

[delta_force]

Thank you so much, guys! in that case, I will go with "no" to keep it straightforward. and the same if asked about my partner being a director of a company unless you suggest otherwise for the later.

Best wishes,

[delta_force]

Thank you again, the council confirmed that the support package in place is not related to personal care which made it even simpler but I have another question, my wife she received PIP payments since 2023, and when I say yes to it, it opens up whole new series of questions ( you mentioned about it Zimba), however, I meet financial requirements without needing the PIP etc, so how should I tackle this question? should I select "no"? Would that not cause a problem in terms of honesty? Thank you for your assistance, I hope after this one, there will not be confusing. I highly value your time.

[zimba]

Thank you again, the council confirmed that the support package in place is not related to personal care which made it even simpler but I have another question, my wife she received PIP payments since 2023, and when I say yes to it, it opens up whole new series of questions ( you mentioned about it Zimba), however, I meet financial requirements without needing the PIP etc, so how should I tackle this question? should I select "no"? Would that not cause a problem in terms of honesty? Thank you for your assistance, I hope after this one, there will not be confusing. I highly value your time.

The advice remains the same. ONLY answer yes if you intend to claim or use the PIP towards the application

[delta_force]

Hello guys,

I hope you are well. I am all set to apply for my ILR set (m) today, please can you review my cohabitation evidence which I gather as follows:
FLR (m) was granted in Nov 2021

Dec 2021 Under my name (Mobiel Bill)
Feb 2022 Wife (NHS)
March 2022 Joint (Council Tax)

May 2022 Under my name (water bill)
July 2022 Under my name (electricity bill)

Sept 2022 Salma (Car finance)
Sept 2022 Salma (NHS)
Nov 2022 Joint (Solicitors regarding house purchase)
Jan 2023 Joint (Council Tax)
March 2023 Under my name (Electricity bill)
April 2023 Joint (Council Tax)

Sept 2023 Wife (NHS)
Oct 2023 Under my name (Electricity bill)
Nov 2023 Joint (society bill)
Dec 2023 Joint (mortgage statement)
Feb 2024 Joint (Council Tax)

Also, I have created one PDF file in chronological order for the above, is that fine? and should I include only the first page where the name, address and dates are mentioned or whole bills (some are like 5 pages long).
The application process did ask if we had kids but no other details were asked, I do have both of my kid's birth certificates and one piece of correspondence, should I be uploading them under "other" section when it comes to document uploading?

On accommodation, we have a mortgage which I did mention, I will be providing the Land Registry, the mortgage statement that was issued in Dec 2023 and the latest council tax bill. Is there anything else that I should add like a mortgage agreement?

Thank you

*

[zimba]

The first pages should be enough. See: All you need to know about cohabitation evidence

Are the children British? Then upload their passport copies. Where you upload does NOT matter. All uploaded evidence will be seen

Mortgage agreement, payment evidence and land registry details should be enough.

[delta_force]

Yes, both are British but we have not applied passport for the youngest one. I have only birth certificate. Is that fine or I need to write a covering letter?

Thank you

[zimba]

Yes, both are British but we have not applied passport for the youngest one. I have only birth certificate. Is that fine or I need to write a covering letter?

Thank you

You may write a cover letter. Birth certificates are not relevant. UVKI knows that they are already British so there is no need to tell them anything

[delta_force]

Thank you Zimba, Indeed they do know! Have a wonderful weekend and thank you for all the assistance. If I do come across any other questions, I may request your attention again

[delta_force]

Hi, I am back to ask another question, I just submitted my application, and there was a question asking if I had any other reasons to stay in the country, I did mention yes and reason as family and kids here now. In the document upload section, they asked for "Documents supporting my other reasons to stay in the UK", I know its bit foolish of me to answer it yes but that cannot be done, what can I do to tackle this, which kind of documents should I provide? a covering letter would do it? Please can you suggest what would be an appropriate way to tackle it. Since my case is straightforward, I hope it will come to bite me if not tackled accurately.

Thank you

[zimba]

Maybe you should read the advice given above

You stated the question is regarding requesting an exemption for the English language and Life in the UK requirement. If that is the case, how do you explain the questions under other relevant sections that directly and specifically ask if you're asking for an exemption? Can you then conclude that it is not necessarily related? If the question is not regarding an exemption for the English language and Life in the UK test, then what is it for?

It is all asked so that the UKVI can exercise discretion when the applicant may not qualify normally. The family rules have tons of details which are not largely considered, unlike many other routes. It is to secure exemption for LIUK, English language and also other exceptional reasons:

The impact of a mental or physical disability or of a serious illness which requires ongoing medical treatment Moving to another country may involve a period of hardship for any person as they adjust to their new surroundings, whether or not they have a mental or physical disability or a serious illness which requires ongoing medical treatment. But independent medical evidence could establish that a physical or mental disability, or a serious illness which requires ongoing medical treatment, would lead to very serious hardship: for example, due to the lack of adequate health care in the country where the family would be required to live. As such, in the absence of a third country alternative, it could amount to an insurmountable obstacle to family life continuing overseas.

I suggest reading the rules and looking at the official guide: https://assets.publishing.service.gov.u ... tances.pdf

Usually some people applying under adequate maintenance can be in receipt of disability benefits and therefore probably have some physical or mental condition. Are you saying that simply answering "Yes" to this factual question changes your eligibility based on your British partner's disability? If so, what part of the immigration rules is this listed under? What happens in case no such document is provided? What is the grounds for refusal in such a case? All of this can be answered regarding the "director" example you provided because it is stated in the immigration rules, however, can you clarify how the British partner's mere fact of disability can affect the eligibility criteria just because the online form asks for a document?

There is no grounds for refusal at all. If you make a claim, they expect to see the evidence for it. As I showed you above, this is to determine if the applicant could qualify for discretion or not. If you do not provide any evidence, they just treat your application without that evidence as normal. They are not trying to catch you. As I said, it is asked to see if you may qualify for any discretion/exemptions. Optional to provide details or not

What about the fact that you are required to list all of the reasons for why you need to remain in the UK? You are essentially signing a document that all of the information you provide is correct and it includes all other reasons for your stay in the UK.

You do not need to detail any OTHER reasons why you need to be in the UK. If you do, the system will ask for the evidence just as I explained. You are NOT required to provide ADDITIONAL reasons for why you want to stay in the UK at all.

Lastly, under Appendix FM it does clearly state that not disclosing relevant facts or withholding information can be grounds for refusal. How can you be certain that this question is not a factual question?

Appendix FM does not cover the general grounds for refusal. Part 9 of the rules does. That also only applies to failure to disclose RELEVANT facts due to false representation. Not telling them about the details of your therapy sessions is not relevant to the grant or refusal of your ILR. You are NOT required to disclose irrelevant facts that have no impact on the application. Disclosing some fact in order to seek an exemption or discretion is obviously optional

[delta_force]

I know it was unnecessary now should Leave it blank ?though it does not come under optional section. I will appreciate your response immensely. Thank you

[zimba]

I know it was unnecessary now should Leave it blank ?though it does not come under optional section. I will appreciate your response immensely. Thank you

You are NOT required to provide any evidence. Again, this whole post has been me telling you not to treat the form as a full disclosure to avoid this kind of confusion

[delta_force]

Thank you, you really been immensely helpful and clear yet I didn't pay attention to this part. Now since I submitted application and paid last night, the document upload section in UKVCAS shows a separate line to upload evidence and led to this confusion. I understand that despite answer the question "yes" which should have been a "no", I can ignore it and not upload any documents in this section as they would look into only if I don't qualify under normal criteria.

[AmazonianX]

Thank you, you really been immensely helpful and clear yet I didn't pay attention to this part. Now since I submitted application and paid last night, the document upload section in UKVCAS shows a separate line to upload evidence and led to this confusion. I understand that despite answer the question "yes" which should have been a "no", I can ignore it and not upload any documents in this section as they would look into only if I don't qualify under normal criteria. Correct

[delta_force]

Thank you, that is sorted. Just one inquiry regarding mortgage statement, ours was issued on 8 December 2023 and I do have latest council tax bill. I did request our mortgage provider to send us up to date statement which they did provide before application submission but it is plan with no logo or stamps ( sent via email) as they informed us as per their policy, only annual statements are issued. Would 8 Dec 2023 statement suffice. Of course, I will attach mortgage agreement plus land registery along council tax bill as proof. Also it's paid from my account and is reflected on bank statements that I am using to meeting the financial requirements.

Best wishes