Wife ILR and route to Citizenship

[dadageer]

Dear all,

I am posting here after quite few years and I have always been a big admirer of this group. I need some advice with regards to my wife ILR which I will be applying in June 2018 and would like to start preparing for it.

My wife came to UK as a dependent of a person settled in UK (I was on ILR) on 16-06-2013. Her Entry Clearance visa was granted outside the country dated from 23-5-2013 to 23-02-2016.
On 02-02-2016 we went to Solihull PEO and she was granted further leave expiring 23-08-2018.

She does not work and stays home looking after our son who is also Brit Citizen.
She has some absences mostly related to my Annual leave when went out of the country and they total around 120 days in 5 years.

Questions:

1) Am I right in thinking that she is eligible to apply 28 days before 16-06-2018 i.e. 26-05-2018?
2) As I am completely out of touch can someone please update me if going to a PEO is better than applying by post? (our last PEO experience was great but I know it adds to the cost)
3) Form will be SET-M ?
4) She passed Life in the UK test (old one) back in 2012 (with me when I was going for ILR, she got refused based on time spent < 2 years so had to go back to home country and then get Entry Clerance which she got and details above)...so I am assuming that will still be Valid
5) She also passed Cambridge English ESOL PET B1 which was used in all her previous applications so I think we can use the same test?
6) After she gets her ILR, I have been told that because she is spouse of British Citizen, she won't have to wait for that mandatory restrictions free one-year period (which I did) and can apply very next week for Citizenship if she wants after getting ILR .. Is this true?


Please do let me know if there is any other info which we would help us prepare the ILR application.

Thanks

[makky86]

1) Am I right in thinking that she is eligible to apply 28 days before 16-06-2018 i.e. 26-05-2018?

That is correct. If she entered in the Uk on 16/06/2013 she can apply on/after 19th May 2018

https://www.timeanddate.com/date/datead ... ad=28&rec=

2) As I am completely out of touch can someone please update me if going to a PEO is better than applying by post? (our last PEO experience was great but I know it adds to the cost)

Just fyi its PSC (premium service center) now. PSC is definately better as you get the outcome on the same day unlike postal which may take over 6 months. Its some 500 extra so not a big amount !

3) Form will be SET-M ?

Correct.

4) She passed Life in the UK test (old one) back in 2012 (with me when I was going for ILR, she got refused based on time spent < 2 years so had to go back to home country and then get Entry Clerance which she got and details above)...so I am assuming that will still be Valid

yes life in the UK test don't expire so it would be valid as long as you have original copy.

5) She also passed Cambridge English ESOL PET B1 which was used in all her previous applications so I think we can use the same test?

its worth cehcking https://www.gov.uk/english-language

6) After she gets her ILR, I have been told that because she is spouse of British Citizen, she won't have to wait for that mandatory restrictions free one-year period (which I did) and can apply very next week for Citizenship if she wants after getting ILR .. Is this true?

that is right.

[Casa]

The additional fee for a PSC application is £590

[iubus2005]

According to the new rules, can OP not apply for ILR 28 days before the grant of original entry clearance of 23-5-2013? Ii.e. after 25-04-2013)?

We are in a very similar boat and am trying to understand if you need to complete 5 years from entry in UK or 5 years from original clearance date (if the total absences are less than 180 days in the first 12 months since entry clearance)

[vinny]

(1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:

(a) at least 60 months in the UK with:
...

Using date of entry as the start date of the qualifying period is safest.

The guidance doesn't cover partners under Appendix FM.

Moreover, although the guidance now cover PBS partners, using date of entry is still safest.

[CR001]

According to the new rules, can OP not apply for ILR 28 days before the grant of original entry clearance of 23-5-2013? Ii.e. after 25-04-2013)?

We are in a very similar boat and am trying to understand if you need to complete 5 years from entry in UK or 5 years from original clearance date (if the total absences are less than 180 days in the first 12 months since entry clearance)

Please read what visa route is being asked about before tagging your questions on. The OPs spouse is NOT on the PBS dependent visa category but a spouse settlement visa.

As vinny has pointed out, the rules applicable to PBS dependents do not apply to spouse settlement visa holders.

[dadageer]

Thank you guys for clarification. Though I am sure wife will qualify to apply for ILR end of May but to be on safe side we will go 2nd week of June. Yes I am thinking about going to PSC as I know how it feels to wait (my ILR application took 7 months back in 2012).

One last question, does she have to pay the NHS Surcharge? She did pay in her extension Feb 2016.

Thanks

[Casa]

Thank you guys for clarification. Though I am sure wife will qualify to apply for ILR end of May but to be on safe side we will go 2nd week of June. Yes I am thinking about going to PSC as I know how it feels to wait (my ILR application took 7 months back in 2012).

One last question, does she have to pay the NHS Surcharge? She did pay in her extension Feb 2016.

Thanks

There's no NHS surcharge for ILR.

[dadageer]

Thank you all.

Guys I need some clarification regarding the English requirements as I don't want to turn up there and get rejected because of English test.

My wife passed her English test Cambridge English ESOL PET B1 in Feb 2013. She used the same test to make her first application for Entry clearance "as dependent of Settled person". She then used the same Test in her FLR(M) application which she made in Feb 2016. We were thinking of using the same as it was used in her all previous applications but here is where the confusion lies.

In her FLR(M) form 11/2015 it was mentioned in English Requirement section that does she have the test with SELT reference number and if she has given a test before April 2015 then she won't have SELT ref number.

If you sat an English language test before 6 April 2015 you will not have a SELT unique electronic reference number. You may still be able to use your test with this application but only if it was accepted as part of a successful previous partner or parent application

Then after this it asks from where did you get the certificate:

If you are relying on an English language test which was accepted with your previous partner or parent application, provide details below of the test taken:
Awarding body:

Cambridge English
City & Guilds
Pearson
Trinity London

In our case it was "Cambridge English" so we selected that, added the reference number, Title Qualification as "ESOL ENTRY 3" Level "PET B1" and that was it. It was accepted and her visa was extended.

I was just going through the SET-M form page 17. It only mention about IELTS SELT / Trinity and which test you have passed from approved list. Obviously my wife's ESOL PET is not in the list but as I said it was accepted in her all past applications. In this form there is no option which says "test accepted in past applications" OR an option to selelect "Cambridge English" etc. like I mentioned above.

What does this mean?

Does she have to sit again for a test in approved List? Please confirm if someone has been in similar situation. Wife is panicking if she will have to prepare and go for exam again with a 9 month old son not giving her much time.

https://www.gov.uk/government/publicati ... uage-tests

[dadageer]

Please can someone help regarding the English Requirements?
Will her old ESOL PET B1 be accepted for ILR?

[gmccarthy]

If its not on the current list you will need to redo an exam that is on the list.

https://www.gov.uk/english-language/app ... ifications

You can use a B1 level qualification that’s run out if both of the following are true:

it’s on the current list of recognised tests
it was accepted for another UK immigration application, eg when you got permission to enter

System is a bit screwed up, you can't use the test if its not on the list for settlement, but you can use if for citizenship

Applying for citizenship
You can use a B1 level qualification that’s run out if you’re applying for citizenship and it was accepted when you settled in the UK.

It doesn’t matter if the B1 level test you took isn’t on the current list of recognised tests. You don’t need to take another test.

[CR001]

ESOL is no longer accepted, this was removed from the accepted list in November 2015.

[CR001]

System is a bit screwed up, you can't use the test if its not on the list for settlement, but you can use if for citizenship

Applying for citizenship
You can use a B1 level qualification that’s run out if you’re applying for citizenship and it was accepted when you settled in the UK.

It doesn’t matter if the B1 level test you took isn’t on the current list of recognised tests. You don’t need to take another test.

Please check facts before posting. ESOL is no longer accepted for citizenship, since November 2015, unless it was used for ILR prior to this date.

[dadageer]

That is so weird. So a test which is not on the list is accepted for a Citizenship application but not for ILR? This doesn't make sense at all.

Sorry I just visited today and read your replies. My wife already passed Trinity GESE 5 with Distinction last week. I have no idea why would HO not accept a qualification which they have accepted as part of previous application. It's not that someone who has passed an English test 3 years back has now suddenly forgot everything and HO wants him/her to test again... anyways I think it's now sorted for us but I can imagine how many others will be in our shoes who will have to pass an English test as per the "new list" for ILR.

[vinny]

It's complicated because they are applying different rules that may be inconsistent with each other.