Help needed - Tier 2 General to ILR

[patelpareshp]

Hi ,

Firstly apologies to start new thread given there are number of topics around this but its still confusing . I am on Tier 2 general visa and eligible for ILR in couple of months . The big confusion is around English Language requirement .

• I have been awarded English language points as a part of my earlier application of tier 2 ICT and Tier 2 general for my bachelor degree using old PBS calculator. Do i need to submit NARIC certificate or take B1 level exam to prove English language requirement ?
  
  There isn't any break from from Tier 2 ICT converted in Tier 2 general and then spent 5 continuous years with same employer on same role.
  
  Once again sorry but any help on this is highly appreciated . Thank you and looking forward to your

[CR001]

You need either UK NARICA ELA red route OR B1 English test. They both cost the same.

[patelpareshp]

Thank you for swift response , much appreciated .

I have gone through KoLL guidelines ( page #34) and it suggest if you have had awarded english langauge earlier then you really don't need NARIC certificate or B1 exam . I would be grateful to have your expert opinion on this .

The points based calculator was turned off on 6 April 2016. An official statement from UK NARIC must be obtained before applying. Further information is provided on www.naric.org.uk/visasandnationality.

If we have previously accepted a degree qualification as meeting the requirements for an earlier application, and leave was granted, we will not need additional confirmation from NARIC. If the qualification has not previously been used for an immigration application, or the previous application was refused, the applicant must obtain confirmation from NARIC that it meets the relevant criteria.

KOLL Guidelines available at - https://www.gov.uk/government/uploads/s ... LL-v19.pdf

[patelpareshp]

To add further on above , following lines from KoLL Rules on UK Border Agency website , does that interpret that if earlier application had granted English langauge then it doesn't need any longer ?

OR
(b) the applicant-

(i) has limited leave to enter or remain in the UK, and
(ii) that leave (or a grant of leave which preceded it provided any periods of leave since have been unbroken) was given on the basis that the applicant had an English language qualification at a minimum level of B1 on the Common European Framework of Reference for Languages.
(iii) at the date of application, the provider of that qualification continues to be approved by the Secretary of State as specified in Appendix O to these Rules.

[patelpareshp]

Apologies to post this thread but after spending numerous hours reading different thread I couldn’t figure out exact answer. Possibly the cicurmantaces are specific to me.

Immigration History

• Date of first entered in UK & Visa Type : 15th Aug 2011 on Tier 2 ICT
• Converted to Tier 2 General: Offered by another employer so on 27th Dec 2012 I have been converted to Tier 2 general with new employer COS start date 5th Mar 2013
• Though I have received BRP with Tier 2 general but continue working with old employer until 8th March 2013. This was my notice period to old employer.
• From 9th March 2013 until 2nd April 2013, I have taken off to travel to abroad. I don’t wanted to join new employer just next day then they can’t offer me 3 weeks leave. So these 17 days I wasn’t tied to any employer.
• Join new employer on 3rd April 2013 and since then with them.
• I had Tier 2 general extension for leave to remain on 31st Dec 2015 which is now valid until 31st Mar 2019

Questions

Q1 : When I am eligible for ILR ? is it 27th Dec 2017 or 3rd April 2018 or some other date please ?
Q2 : 17 days from 8th March 2013 to 2nd April 2013 , I wasn’t tied to any employer . is this an issue ?
Q3 : I have continued with my old employer until 8th march 2013 despite new employer COS start date was 5th March 2013 , is this any issue ? I have gone through extension without any issue so far.

Thank you and looking forward for your answer .

[patelpareshp]

Gurus

Appreciate your response plese ?

[patelpareshp]

hello Gurus

Apologies to bother you again , appreciate if you could answer these questions .

[patelpareshp]

First of all, apologies for posting while it may that my queries are answer somewhere. I did try to find and got partial answer from different post but unable to derived exact answer hence creating new post.

Secondly, I would like to thank you all experts and other members of this community for their brilliant and noble effort.

Q1 . I was converted to from Tier 2 ICT to Tier 2 general on 27th Dec 2012 with CoS start date of new employer on 5th Mar 2013. However due to my notice period lasted few days longer than anticipated. My tenure ended with previous employer on 8th March 2013 and later on 3rd April 2013 I have joined new employer. Ideally I shouldn’t have work beyond 5th March 2013 with previous employer given CoS start date of new employer was from 5th March 2013.Is this an issue ?

Q2 . I have joined new employer on 3rd April 2013 and from 9th March 2013 to 2nd April 2013 ( 23 days ) I wasn't belongs to any employer as I took break from work . This was agreed with my new employer that I will be joining after my holiday.

Q2.1 : Is this 23 days holidays in between 2 employer where I wasn’t employed at all is an issue ?
Q2.2 : These 23 days I was away from UK on holiday and wasn’t belongs any employer , how do I get letter for this absence ?
Q2.3 : Though I informed my new employer in Feb'13 that i won't be able to join on 5th March instead it will be 3rd April 2013 .My new employer didn't notify UKVI about my change in joining date , is this a mandotory sponsor responsibility to inform and could this cause any issue ?

.


Thank you and looking forward for answer.

[patelpareshp]

I can see you keep merging topic onto my same question rather answering . Can i please request for your help on this .

Thank you

[patelpareshp]

Experts.

Apologies to chase again - Cna i please request you to help on this .

regards

P

[patelpareshp]

Hello Gurus

Request your help on this .

[ravi_ei]

Hi Paresh,

Have you applied for ILR?

[Cofresh]

My understanding is the same as yours from months ago. If you took an english language test at a centre which is still acceptable and you fulfilled the same requirement years ago, your IELTS certificate doesn't expire after 2 years.

It is quite logical and I've noticed the home office is quite logical (up till now)