SET(M) ILR, need some help please...

[nice111]

Hi Experts

I am going to apply for my wife's ILR under SET(M) in few months time. I am bit confuse about few things. Any help and guidance will be much appreciated.

1. After getting initial LTR under FLR(M) for 30 months, FLR(M) extension was done in 2014 and I have used the form FLR(M) Version 04/2016 and ticked "Second period of leave to remain (following initial grant of leave to remain)".

I was reading the initial and extension approval letters today and few things made me confused.

1. In initial FLR(M) approval letter it says. (2014)

You may be eligible for ILR after 2 years under this route.

Q1.1: I believe that 2 years route was finished in 2012. Then why Immigration officer mentioned ILR after 2 years?
___________________
2. In FLR(M) extension approval letter it says. (2016)

"you have submitted an application for limited leave to remain as a partner route. I am writing to inform you that you have been granted a period of 30 months limited leave to remain under paragraph D-LTRP1.1 of Appendix FM to the Immigration Rules as we are satisfied that you meet the requirements of paragraph R-LTRP.1.1 (a), (b) and (c) of these rules. You may be eligible to apply for settlement after completing at least 5 years under this route."

Q2.1: Was that the right form to fill for FLR(M) extension?

Q2.2: Is it normal to write "limited leave to remain" on extension approval letters. There in no mention on the approval letter that it is an extension approval.

Q2.3: "You may be eligible to apply for settlement after completing at least 5 years under this route." I hope this doesn't mean that 5 years starts from this approval.
____________________
3. Income for SET(M) ILR
I am going to apply for my wife's SET(M) ILR in Jan 2019 and since Feb 2018 I have already earned more than £18600 in my current employment. I may need to change my employment in a month or 2.

Q3.1: Which category should I use to satisfy income requirements?

Q3.2: Do I need to be employed at the time of application?

Q3.3: If I start my own business at the time of application can I use my current employment (which would then be my ex-employment) solely to satisfy the income requirements?

Any information will be much appreciated.

Thanks

[nice111]

Hello experts

??

please advise

Thanks

[CR001]

Just a note of advice, you have posted a very long topic with many questions in one go, which can put members off responding.

1. After getting initial LTR under FLR(M) for 30 months, FLR(M) extension was done in 2014 and I have used the form FLR(M) Version 04/2016 and ticked "Second period of leave to remain (following initial grant of leave to remain)".

I was reading the initial and extension approval letters today and few things made me confused.

1. In initial FLR(M) approval letter it says. (2014)

You may be eligible for ILR after 2 years under this route.

Q1.1: I believe that 2 years route was finished in 2012. Then why Immigration officer mentioned ILR after 2 years?

Likely an error. Spouse is on the 5 year route. It does say 'MAY' and is a standard letter template as some applicants did not apply for ILR after 2 years for various reasons and continued to extend the FLR(M).

2. In FLR(M) extension approval letter it says. (2016)

"you have submitted an application for limited leave to remain as a partner route. I am writing to inform you that you have been granted a period of 30 months limited leave to remain under paragraph D-LTRP1.1 of Appendix FM to the Immigration Rules as we are satisfied that you meet the requirements of paragraph R-LTRP.1.1 (a), (b) and (c) of these rules. You may be eligible to apply for settlement after completing at least 5 years under this route."

Q2.1: Was that the right form to fill for FLR(M) extension?

Q2.2: Is it normal to write "limited leave to remain" on extension approval letters. There in no mention on the approval letter that it is an extension approval.

Q2.3: "You may be eligible to apply for settlement after completing at least 5 years under this route." I hope this doesn't mean that 5 years starts from this approval.

2.1 Yes

2.2 Yes, limited leave to remain is applications for extensions within the UK.

2.3 It means 5 yeas in total on the spouse settlement visa.

3. Income for SET(M) ILR
I am going to apply for my wife's SET(M) ILR in Jan 2019 and since Feb 2018 I have already earned more than £18600 in my current employment. I may need to change my employment in a month or 2.

Q3.1: Which category should I use to satisfy income requirements?

Q3.2: Do I need to be employed at the time of application?

Q3.3: If I start my own business at the time of application can I use my current employment (which would then be my ex-employment) solely to satisfy the income requirements?

3.1 Cat A

3.2 Ideally yes as you still need to submit at least 6 months payslips and bankstatements and if more than one employer in the last 6 months, you will need 12 months evidence of each.

3.3 I would suggest you wait till your spouse has ILR before you start a business to keep the application simple.

[nice111]

Thanks

for 3.1 you said Cat A. But I would be in new employment at the time of application which would be less than 6 months old. So I believe I need to add 2 or 3 employement income from the last 12 months so satisfy the requirement.

[CR001]

Sorry Cat B

[nice111]

No worries ans thanks alot CR001.

You mentioned
" Ideally yes as you still need to submit at least 6 months payslips and bankstatements and if more than one employer in the last 6 months, you will need 12 months evidence of each. "

What do you mean by " 12 months evidence of each. "

Also what if I have a gap of couple of months in between but in last 12 months have more then £18600 employed income. As of now I ve already earned more than threshold since Feb 2018 so lets say if I start a job a month before application and have a gap of 3/4 months (unemployed) then can I use this income?

In Cat B do they take lowest monthly amount paid to calculate the annual income?

[nice111]

Hi experts.

My wife has done Ielts in 2013 which has obviously expired in 2015. It was succesfully used in initial application and in subsequent applications, till last FLR (M) extension application.

Q1: Now as she is going for ILR, can she use the same old Ielts for ILR application?

Q2: if not then which English certificate is required for ILR and subsequently for Nationality?

Thanks in advance.

[CR001]

It must be B1 English for ILR and the test and test provider must be on the current HO approved list if you want to use an expired test.

[nice111]

It must be B1 English for ILR and the test and test provider must be on the current HO approved list if you want to use an expired test.

Thanks CR001.
So what you said and according to the below link. We can use the expired IELTS for ILR as well as citizenship.

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

It says " Applying to settle in the UK

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."

As I said We have definitely used it in previous applications which is satisfying one of the conditions above.

Just bit of a confusion here that how do we check that it is still on the recognised list, a recognised test and it is at B1 level.

Note: it was a general IELTS and was done in Pakistan via British council and she has got 6.5 band.

[bluebird12]

Now you need IELTS Life Skills B1 level from the test centre currently listed on HO approved list proved on website .

[nice111]

Now you need IELTS Life Skills B1 level from the test centre currently listed on HO approved list proved on website .

Does it mean that we can not use the IELTS she has done previously?

[bluebird12]

Yes Nice111,
You need to pass the test again as it does not fullfill any of both of the following requirements:

1- category which is currently IELTS Life Skills B1 but not IELTS general

2- SELT Approved centres only currently listed on Home office website

I am also in same situation , my IELTS Life Skills B1 is expired but it does meets both of the requirements mentioned on HO website and I am still reluctant to use expired test ....

[nice111]

Yes Nice111,
You need to pass the test again as it does not fullfill any of both of the following requirements:

1- category which is currently IELTS Life Skills B1 but not IELTS general

2- SELT Approved centres only currently listed on Home office website

I am also in same situation , my IELTS Life Skills B1 is expired but it does meets both of the requirements mentioned on HO website and I am still reluctant to use expired test ....

I just checked and my wife's IELTS is Academic not General.

I believe my wife's IELTS and centre both are on the list. Please check my next post with details.

[nice111]

I AM SEEKING EXPERT ADVICE ON THE BELOW


On the Approved tests and test centres list it says one of the approved tests is as follows.

"
--IELTS for UKVI
--IELTS SELT Consortium
--Cambridge English Language Assessment
--B1
--Listening: 4.0; Speaking: 4.0;
--Reading: 4.0; Writing: 4.0
"

Source: https://assets.publishing.service.gov.u ... ebsite.pdf

And on British council website it describes IELTS for UKVI as follows and it says that IELTS Academic and General, both comes under ILETS for UKVI.

"
What is IELTS for UKVI?
'IELTS for UKVI' is a UK government approved Secure English Language Test (SELT). This means that IELTS can be used to prove your English language abilities in support of a UK Visa and Immigration (UKVI) application.
For many categories of visa, you must submit an English language qualification which is included on the UK Home Office’s list of Secure English Language Tests (SELT tests).

The following IELTS tests are on this list and have been approved for UK Visas and Immigration purposes:


Test: IELTS

Version: Academic**

Purpose: This test is for test takers wishing to study at undergraduate or postgraduate levels, and for those seeking professional registration in the UK.

Test: IELTS

Version: General Training

Purpose: This test is for test takers wishing to migrate to the UK and for those wishing to train or study below degree level.
"

Source:
https://takeielts.britishcouncil.org/ie ... ielts-ukvi

Doesn't that make my wife's IELTS as one of the approved tests? and I also checked that her test centre is on the above mentioned list too.

[bluebird12]

Again you are looking at wrong category of Test , you need IELTS Life Skills at B1 level , which is equal to 4.0 Band score , only listening and speaking sections are required to pass ... your academic test will not be accepted ... it is mentioned on British council website clearly ...
Also at UKVI website ....

https://assets.publishing.service.gov.u ... ebsite.pdf

[nice111]

Again you are looking at wrong category of Test , you need IELTS Life Skills at B1 level , which is equal to 4.0 Band score , only listening and speaking sections are required to pass ... your academic test will not be accepted ... it is mentioned on British council website clearly ...
Also at UKVI website ....

https://assets.publishing.service.gov.u ... ebsite.pdf

Hi Bluebird12. Can you please provide the source of your information as the link you have provided is only the list of recognised tests and centres.

IELTS Academic scoring 6.5 is above than B1 level. It says on the cambrigde english website that IELTS FOR UKVI is acceptable for ILR and citizenship as long as it is equivalent or above the B1 level. Please see the link below.

Source:
https://support.cambridgeenglish.org/hc ... lish-exams

If you have a different information please share the source of the information as if you read my previous message as well as this, I am only quoting information which I am getting from the official websites and I have mentioned all the links to back the information.

[bluebird12]

There are lots of categories on those basis somebody can apply ILR but as you have mentioned you are applying ILR on basis of spouse of British citizens or settled person using form SET (M) and for this particular category IELTS LIFE Skills at B1 from SELT approved providers is only acceptable. Pls read FAQ at British council website link provided below or ring them to confirm it ..?

https://takeielts.britishcouncil.org/ie ... %20is%20LS?

[bluebird12]

Some more information are provided at link below , changes from 6 April 2015 ...

https://assets.publishing.service.gov.u ... s-v2.0.pdf

[bluebird12]

According to my understanding, you have passed only ILETS in 2013 and the last date to use IELTS was 5 November 2015 but you have not passed “ IIELTS for UKVI” which is still valid till today and may be accepted substitute to IELTS for Life Skills which is most relevant for ILR Spouse category .. please read FAQ at British council website ... thanks