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Hi there

I will really appreciate any help regarding a few questions I have in mind before I can get ready to apply for my ILR.

I got my HSMP VISA stamped on 07 March 2008 but I entered in the UK after a couple months of that. Exact date of my entry clearance is 11 May 2008. Which means a gap of 2 months and 3 days.

Then after completing my first 2 years here I got an extension Tier1 VISA that is valid till 07 March 2013. I neither have any absence outside of my annual leaves nor have I any gaps during my employment history in the UK.

1. Can I apply for the ILR or do I have to apply for another extension to make up for a missing month between my original VISA and entry clearance?

I also got married last year and my wife joined me a few months back, she has her visa (dependant) expiring on same date as me, but she will be short of a few months to complete her 2 years here (I believe that is the requirement for a dependant before applying for ILR)

2. So this means she has to apply for her FLR at the same time as I will be applying for ILR for myself? If yes can we do this at the same time, i.e. me applying for ILR and she applying for FLR?

3. Before she can apply for FLR does she also need to prove her English proficiency? If yes then does it have to be sitting in any English language exam? OR no need in case of Life in the UK test already taken?

Thank you all in advance.
Kind Regards

1) You can as you are still under 3 months time.
2) She need to apply for FLR(M) - She can apply at the same time with you.
3) She need to pass Level A1 English test - Life in UK is totally seperate test.

She need to complete 2 years which is combination of Tier 1 dependent and FLR(M) - after that she can apply for SET(M).

She doesn't need to wait for 5 years. (New Rules)!!!!

Thanks Rubina for your detailed answer, it clarified a lot.

One more thing, my wife has got a 4 years bachelors degree taught in English. And her university and the course is listed under PBC (points based calculator) on UKBA site.

Can we use this as proof of English proficiency?

The only thing however is that, it always shows zero points when we select the university and course on PBC. But then I tried different universities and courses and it doesn't show points for any of the selections.

Call NARIC, If they give your letter than you guys will save - otherwise she has to pass the exam.