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Regarding the knowledge of English

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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shuvradev
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British person's Spouse ILR application

Post by shuvradev » Thu Jul 04, 2019 6:06 pm

Hi all,
Thanks for reading my email. I am going to apply my wife's ILR application.
I am confused the way the online application is directing me to the application form. It is directing me to set-o but some other online document inform me that my wife has to apply for set-m form.

our background:
1. I am now British citizen.
2. My wife came in UK when I had permanent resident in UK (i was not applied for naturalisation that time)
3. I get PR and British citizen through Tier 1 route
4. My wife get dependent VISA on 5 years route.
5. When she got dependent visa, I was not on Tier 1 visa. I was permanent resident in UK.

Can anyone clarify me which online application will be correct for my wife's permanent resident application?

Kind Regards
Shuvra

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CR001
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Re: British person's Spouse ILR application

Post by CR001 » Thu Jul 04, 2019 6:34 pm

If she holds a spouse settlement visa, she can ONLY apply on form SET(M).
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shuvradev
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Re: British person's Spouse ILR application

Post by shuvradev » Thu Jul 04, 2019 7:37 pm

Hi CR001,
Many thanks for your reply. Not sure why Home office site is redirecting on set-o. I have selected the following options:
1. from page https://www.gov.uk/settle-in-the-uk
2. What's your situation? You're the family member or partner of a British citizen
3. Did your family member or partner settle before they became a British citizen? Yes
4. How did they settle? On a work visa (i was settled with tier 1)
5. What type of work visa did they settle with? A tier 1, tier 2 or tier 5 visa
6. now I redirect to https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

now I click 'How to apply' it redirects me:
https://visas-immigration.service.gov.uk/product/set-o

But I can see in the page of the point 6, the following link:

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead.


Now if i click 'apply as the partner of a settled person instead', I see the set-m website. but the options are different and following:
1.What's your situation?
You're the family member or partner of someone who has settled in the UK
2.How did they settle?
Some other way
3.What's your relationship to that person?
Partner
4.What situation are you and your partner in?
You're still with your partner

The option 2 is not completely correct.
Can you please explain that to me?
Many thanks in advance.
Kind Regards
Shuvra

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CR001
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Re: British person's Spouse ILR application

Post by CR001 » Thu Jul 04, 2019 7:47 pm

shuvradev wrote:
Thu Jul 04, 2019 7:37 pm
Hi CR001,
Many thanks for your reply. Not sure why Home office site is redirecting on set-o. I have selected the following options:
1. from page https://www.gov.uk/settle-in-the-uk
2. What's your situation? You're the family member or partner of a British citizen
3. Did your family member or partner settle before they became a British citizen? Yes
4. How did they settle? On a work visa (i was settled with tier 1)
5. What type of work visa did they settle with? A tier 1, tier 2 or tier 5 visa
6. now I redirect to https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

now I click 'How to apply' it redirects me:
https://visas-immigration.service.gov.uk/product/set-o

But I can see in the page of the point 6, the following link:

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead.


Now if i click 'apply as the partner of a settled person instead', I see the set-m website. but the options are different and following:
1.What's your situation?
You're the family member or partner of someone who has settled in the UK
2.How did they settle?
Some other way
3.What's your relationship to that person?
Partner
4.What situation are you and your partner in?
You're still with your partner

The option 2 is not completely correct.
Can you please explain that to me?
Many thanks in advance.
Kind Regards
Shuvra
Your time on Tier 1 is completely irrelevant to your spouse as she applied for a spouse visa AFTER you got ILR and she has NEVER held a PBS dependetn visa. Did you miss the highlighted above or is it not clear??

If you apply on Set(O), it will be refused and you will lose your fee.
Char (CR001 not Casa)
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shuvradev
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Re: British person's Spouse ILR application

Post by shuvradev » Thu Jul 04, 2019 8:00 pm

Hi CR001,
Thanks for your help. It is very useful.

Not sure why home office give a link for British spouse/family member application, like they provide for EU family members application.

Kind regards,
Shuvra

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CR001
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Re: British person's Spouse ILR application

Post by CR001 » Thu Jul 04, 2019 8:06 pm

They do, you are just confusing the 'guidance' with your tier 1 details which are not relevant.

The page you are completing also has to try provide guidance for many different scenarios, substantially more than the EEA family route process.
Char (CR001 not Casa)
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shuvradev
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Regarding the knowledge of English

Post by shuvradev » Thu Jul 18, 2019 4:51 pm

Hi all,
Thanks in advance to reply my email.
I am applying for my wife's ILR application. The question is regarding the knowledge of English.
Does she again need to set for the Exam if English requirement is already satisfied in past extension application? Her circumstances:

• She came in UK on 5 years family settlement route. She achieved the required English test with IELTS and the VISA was granted to enter in UK.
• After 2.5 years, she again set for exam and achieve the required English test with IELTS and extension VISA was granted.
• Now, after 5 years for ILR application, does she again need to set for the Exam?

She has the previous exam certificate (valid within 2 years) but the Exam center is not UKVI approved (i.e. in the certificate there is no SELT number) but Center is inside in UK (Glasgow Caledonian university, UK).
Would be very helpfully, if anyone reply my email.
Kind regards
Shuvra

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Re: Regarding the knowledge of English

Post by zimba » Thu Jul 18, 2019 4:55 pm

Old tests are accepted if the test itself is still accepted by UKVI (e.g old IELTS)
What was the test ?
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CR001
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Re: Regarding the knowledge of English

Post by CR001 » Thu Jul 18, 2019 4:56 pm

Does she again need to set for the Exam if English requirement is already satisfied in past extension application? Her circumstances:

• She came in UK on 5 years family settlement route. She achieved the required English test with IELTS and the VISA was granted to enter in UK.
• After 2.5 years, she again set for exam and achieve the required English test with IELTS and extension VISA was granted.
For a spouse visa she needed English A1. For an extension she would have needed English A2. You don't state what level she did.
• Now, after 5 years for ILR application, does she again need to set for the Exam?
For ILR she needs English B1. She also needs LIUK test.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

shuvradev
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Re: Regarding the knowledge of English

Post by shuvradev » Thu Jul 18, 2019 5:08 pm

Thanks for the reply. She set for a IELTS test on July 2018. Overall score was: 5.5, CEFR Level: B2.

But I recently find out the Test centre is not UKVI approved although it is inside in UK. She complete the LIUK test.

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CR001
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Re: Regarding the knowledge of English

Post by CR001 » Thu Jul 18, 2019 5:17 pm

If the centre is no longer on the current ho list, she needs to do the B1 test again.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

shuvradev
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Re: Regarding the knowledge of English

Post by shuvradev » Thu Jul 18, 2019 5:47 pm

No way.....
Thank you so much for this information. I was about to submit the application. find this issue in last minite check.
so grateful to you..

shuvra

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CULLINAN
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Re: Regarding the knowledge of English

Post by CULLINAN » Thu Jul 18, 2019 6:12 pm

shuvradev wrote:
Thu Jul 18, 2019 5:47 pm
No way.....
Thank you so much for this information. I was about to submit the application. find this issue in last minite check.
so grateful to you..

shuvra
https://www.trinitycollege.com/site/?id=3220
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shuvradev
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Re: Regarding the knowledge of English

Post by shuvradev » Thu Jul 18, 2019 7:44 pm

Thanks CR001.

Could you please tell me, How long will take to get the certificate after the Exam?

IELTS takes 2 weeks. What about Trinity college B1 SELT Exam.

kind regards,
SHuvra

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Re: Regarding the knowledge of English

Post by vinny048 » Thu Jul 18, 2019 8:25 pm

shuvradev wrote:
Thu Jul 18, 2019 7:44 pm
Thanks CR001.

Could you please tell me, How long will take to get the certificate after the Exam?

IELTS takes 2 weeks. What about Trinity college B1 SELT Exam.

kind regards,
SHuvra
My wife used Trinity college in Manchester, took the test on Saturday, received certificate the following Friday.

She also paid I think about £12.50 for secure delivery which was Royal Mail special delivery.

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