I'm eligible for ILR but my wife & baby aren't

[mmaddyyyy]

Hi everyone,

I would like to explain my visa situation and welcome any valuable inputs from you guys in regards to this.

I've entered UK on HSMP visa in October 2007 and received visa extension as Tier 1 (General) in August 2009 which is valid until September 2012. This makes me eligible to apply for ILR from August 2012. Mine is a straightforward application and I don't think I have any doubts/concerns in regards to this.

I got married and my wife travelled to UK in November 2010 and she travelled back to India for delivery at the end of November 2011. She is due to return back to UK in June 2012 along with my baby girl.

In the current scenario, as my wife hadn't lived in UK for 2 years she along with my baby wouldn't be eligible for ILR. Correct?

When I called Immigration helpline few months ago, they have informed me that my wife should be applying for 'Spouse Visa' rather than ILR. I haven't asked about the baby as the baby wasn't born then and I don't know the visa procedure for my baby. Can anyone explain what are my options with regards to baby visa? Will baby's visa application has to be dependant of myself or my wife?

Also, there is a requirement that my wife needs to prove the english language proficiency. She needs to write IELTS and I am not sure what is the grade/points she need to score. Can anyone who have taken the test for similar purposes let me know what is the procedure involved and where can we write this test? I was also told that degree being taught in English wouldn't solve the purpose.

Thanks in advance for your help!

Regards
Aneil

[purplepple]

Your wife needs to apply a spouse visa but your child can apply for ILR at the same time as you.

See this page:

http://www.ukba.homeoffice.gov.uk/visas ... s/#header2

[mmaddyyyy]

Thank you for your reply! That means baby and I can apply for ILR by attending in person whereas my wife would need to apply for Spouse visa separately.

[usman81]

Thanks for your message. Can you please also advise what is esol3 equivalent to ielts, i could not find it.

Many thanks

Your wife needs to apply a spouse visa but your child can apply for ILR at the same time as you.

See this page:

http://www.ukba.homeoffice.gov.uk/visas ... s/#header2

[silent_warrior]

Thanks for your message. Can you please also advise what is esol3 equivalent to ielts, i could not find it.

Many thanks

usman81
check this link for acceptable english language requirement tests
http://www.ukba.homeoffice.gov.uk/sitec ... -tests.pdf

[mmaddyyyy]

In order for my wife to be eligible for 'Spouse Visa', she needs to give English language test. Is that going to be IELTS or any other test?

[QuickSam]

In order for my wife to be eligible for 'Spouse Visa', she needs to give English language test. Is that going to be IELTS or any other test?

Is this for ILR or for Tier 1 extension.

[mmaddyyyy]

It is for ILR and since I had posted the original query in the Tier 1 section, I had posted my reply here.