ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Sponsorship Declaration for FLR(M)

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

Locked
yasir ali
Newbie
Posts: 39
Joined: Mon Dec 12, 2016 12:12 pm
Mood:
India

English Language requirement for Spouse visa

Post by yasir ali » Thu Dec 26, 2019 9:59 am

Hi there,

My wife is in the UK on a tier 4 dependant visa but recently I got my ILR and I want to switch her visa from Tier 4 dependant to ILR dependant. She did IELTS (academic) in 2019 and got a score of 8.0 overall. Is this sufficient for a spouse visa or does she need to do A1 English language test?

User avatar
CR001
Moderator
Posts: 88044
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: English Language requirement for Spouse visa

Post by CR001 » Thu Dec 26, 2019 10:01 am

She needs A1 life skills test,not academic.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

User avatar
seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:
United Kingdom

Re: English Language requirement for Spouse visa

Post by seagul » Thu Dec 26, 2019 2:42 pm

yasir ali wrote:
Thu Dec 26, 2019 9:59 am
Hi there,

My wife is in the UK on a tier 4 dependant visa but recently I got my ILR and I want to switch her visa from Tier 4 dependant to ILR dependant. She did IELTS (academic) in 2019 and got a score of 8.0 overall. Is this sufficient for a spouse visa or does she need to do A1 English language test?
If it has UKVI unique reference number then maybe acceptable but better to do B1 ielts life skills to use it again in future applications.
Please note that both General and Academic Training modules are accepted. The CEFR requirement for each skill must be met.

IELTS for UKVI can be used where IELTS Life Skills is used; test takers would need to get 4.0 or above in Speaking and Listening (scores for Reading and Writing will be ignored).
https://takeielts.britishcouncil.org/ta ... ukvi/score
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Amber
Moderator
Posts: 17504
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: English Language requirement for Spouse visa

Post by Amber » Thu Dec 26, 2019 3:22 pm

seagul wrote:
Thu Dec 26, 2019 2:42 pm
yasir ali wrote:
Thu Dec 26, 2019 9:59 am
Hi there,

My wife is in the UK on a tier 4 dependant visa but recently I got my ILR and I want to switch her visa from Tier 4 dependant to ILR dependant. She did IELTS (academic) in 2019 and got a score of 8.0 overall. Is this sufficient for a spouse visa or does she need to do A1 English language test?
If it has UKVI unique reference number then maybe acceptable but better to do B1 ielts life skills to use it again in future applications.
Please note that both General and Academic Training modules are accepted. The CEFR requirement for each skill must be met.

IELTS for UKVI can be used where IELTS Life Skills is used; test takers would need to get 4.0 or above in Speaking and Listening (scores for Reading and Writing will be ignored).
https://takeielts.britishcouncil.org/ta ... ukvi/score
The test is only valid for two years so doing B1 would be pointless unless applying to settle within the next 2 years.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

User avatar
seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:
United Kingdom

Re: English Language requirement for Spouse visa

Post by seagul » Thu Dec 26, 2019 4:11 pm

Amber wrote:
Thu Dec 26, 2019 3:22 pm
seagul wrote:
Thu Dec 26, 2019 2:42 pm
yasir ali wrote:
Thu Dec 26, 2019 9:59 am
Hi there,

My wife is in the UK on a tier 4 dependant visa but recently I got my ILR and I want to switch her visa from Tier 4 dependant to ILR dependant. She did IELTS (academic) in 2019 and got a score of 8.0 overall. Is this sufficient for a spouse visa or does she need to do A1 English language test?
If it has UKVI unique reference number then maybe acceptable but better to do B1 ielts life skills to use it again in future applications.
Please note that both General and Academic Training modules are accepted. The CEFR requirement for each skill must be met.

IELTS for UKVI can be used where IELTS Life Skills is used; test takers would need to get 4.0 or above in Speaking and Listening (scores for Reading and Writing will be ignored).
https://takeielts.britishcouncil.org/ta ... ukvi/score
The test is only valid for two years so doing B1 would be pointless unless applying to settled within the next 2 years.
32D. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decision-maker will accept that certificate or result as valid if it is:
(a) from a provider which is no longer approved, or
(b) from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or
(c) from a test centre which is no longer approved, or
(d) past its validity date (if a validity date is required), provided that it is at or above the requisite level of the Common European Framework of Reference for Languages and when the subsequent application is made:
(i) the applicant has had continuous leave (disregarding any current period of overstaying where paragraph 39E of these Rules applies, as well as any previous period of overstaying where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied) as a partner or parent since the Home Office accepted the test certificate as valid; and
(ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of this Appendix.
https://www.gov.uk/guidance/immigration ... d-evidence
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Amber
Moderator
Posts: 17504
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: English Language requirement for Spouse visa

Post by Amber » Thu Dec 26, 2019 4:33 pm

seagul wrote:
Thu Dec 26, 2019 4:11 pm
Amber wrote:
Thu Dec 26, 2019 3:22 pm
seagul wrote:
Thu Dec 26, 2019 2:42 pm
yasir ali wrote:
Thu Dec 26, 2019 9:59 am
Hi there,

My wife is in the UK on a tier 4 dependant visa but recently I got my ILR and I want to switch her visa from Tier 4 dependant to ILR dependant. She did IELTS (academic) in 2019 and got a score of 8.0 overall. Is this sufficient for a spouse visa or does she need to do A1 English language test?
If it has UKVI unique reference number then maybe acceptable but better to do B1 ielts life skills to use it again in future applications.
Please note that both General and Academic Training modules are accepted. The CEFR requirement for each skill must be met.

IELTS for UKVI can be used where IELTS Life Skills is used; test takers would need to get 4.0 or above in Speaking and Listening (scores for Reading and Writing will be ignored).
https://takeielts.britishcouncil.org/ta ... ukvi/score
The test is only valid for two years so doing B1 would be pointless unless applying to settled within the next 2 years.
32D. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decision-maker will accept that certificate or result as valid if it is:
(a) from a provider which is no longer approved, or
(b) from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or
(c) from a test centre which is no longer approved, or
(d) past its validity date (if a validity date is required), provided that it is at or above the requisite level of the Common European Framework of Reference for Languages and when the subsequent application is made:
(i) the applicant has had continuous leave (disregarding any current period of overstaying where paragraph 39E of these Rules applies, as well as any previous period of overstaying where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied) as a partner or parent since the Home Office accepted the test certificate as valid; and
(ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of this Appendix.
https://www.gov.uk/guidance/immigration ... d-evidence
Settlement is not limited leave to remain!
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

User avatar
seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:
United Kingdom

Re: English Language requirement for Spouse visa

Post by seagul » Thu Dec 26, 2019 4:43 pm

If your qualification has run out
Some recognised test qualifications only last for 2 years. You can still use a B1 level qualification that you took more than 2 years ago in 2 situations.

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, for example when you got permission to enter

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 does not matter if the B1 level test you took is not on the current list of recognised tests. You do not need to take another test.



https://www.gov.uk/english-language/app ... ifications
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Amber
Moderator
Posts: 17504
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: English Language requirement for Spouse visa

Post by Amber » Thu Dec 26, 2019 5:06 pm

You do not need to magnify the text, there is nothing wrong with my eyes. I was merely correcting your previous citation to rules which were not relevant to settlement. There is no need for the OP’s spouse to undertake a B1 English test unless settling.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

User avatar
seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:
United Kingdom

Re: English Language requirement for Spouse visa

Post by seagul » Thu Dec 26, 2019 5:19 pm

Amber wrote:
Thu Dec 26, 2019 5:06 pm
. There is no need for the OP’s spouse to undertake a B1 English test unless settling.
Never seen anyone who don't want to settle. Also never seen anyone who don't want to save & keep the hassle to minimum. The cost & preparation of B1 is same as A1 test. Doing B1 will meet the present requirement of A1 & A2 on extension and for settlement (if rules remain same). Several members keeps asking same and got success as can be seen here and on ILR forum.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Amber
Moderator
Posts: 17504
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: English Language requirement for Spouse visa

Post by Amber » Thu Dec 26, 2019 5:25 pm

seagul wrote:
Thu Dec 26, 2019 5:19 pm
Amber wrote:
Thu Dec 26, 2019 5:06 pm
. There is no need for the OP’s spouse to undertake a B1 English test unless settling.
Never seen anyone who don't want to settle. Also never seen anyone who don't want to save & keep the hassle to minimum. The cost & preparation of B1 is same as A1 test. Doing B1 will meet the present requirement of A1 & A2 on extension and for settlement (if rules remain same). Several members keeps asking same and got success as can be seen here and on ILR forum.
I don’t dispute that, however, for Entry clearance there is no need to complete B1 English as that’s not a requirement. Relying on current rules for settlement in 5 years is not wise. The preparation for B1 will be more as it’s a higher English language requirement! I suggest that you refrain from being so flippant.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

User avatar
seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:
United Kingdom

Re: English Language requirement for Spouse visa

Post by seagul » Thu Dec 26, 2019 5:28 pm

Amber wrote:
Thu Dec 26, 2019 5:25 pm
! I suggest that you refrain from being so flippant.
Many thanks for your valuable advice.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

yasir ali
Newbie
Posts: 39
Joined: Mon Dec 12, 2016 12:12 pm
Mood:
India

Re: English Language requirement for Spouse visa

Post by yasir ali » Sat Dec 28, 2019 6:09 pm

Thank you for all of your responses. My wife has a degree in medicine from India, will it be better if I get it approved by UK NARIC?
In that case, will she be exempt from giving A1, A2 and B1? If her degree meets the requirement?

Amber
Moderator
Posts: 17504
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: English Language requirement for Spouse visa

Post by Amber » Sat Dec 28, 2019 6:26 pm

yasir ali wrote:
Sat Dec 28, 2019 6:09 pm
Thank you for all of your responses. My wife has a degree in medicine from India, will it be better if I get it approved by UK NARIC?
In that case, will she be exempt from giving A1, A2 and B1? If her degree meets the requirement?
Yes.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

yasir ali
Newbie
Posts: 39
Joined: Mon Dec 12, 2016 12:12 pm
Mood:
India

Re: English Language requirement for Spouse visa

Post by yasir ali » Thu Jan 02, 2020 11:20 am

Hi, again.

I was filling in the UK NARIC application form and the question I have is that what immigration route do I choose?

I was on Tier4 when my wife came over to the UK last year as my dependant. Now I am on ILR and want to switch her visa to my ILR dependant.

Nationality: Indian

Immigration Category: (I chose) Family, settlement and nationality.
Other options are [Tier 1, Tier 2, Tier 3, Tier 4, Tier 5, {Family, settlement and nationality}, Representative of an overseas business visa, innovator visa and start-up visa)]

Immigration Route: (Options are: 1. Family 2. Settlement)

yasir ali
Newbie
Posts: 39
Joined: Mon Dec 12, 2016 12:12 pm
Mood:
India

Re: English Language requirement for Spouse visa

Post by yasir ali » Sat Jan 11, 2020 3:59 pm

please reply

Hi,
I was on tier 4 and I got my ILR through the 10 year route. I informed my university on the 3rd of January 2020 that I have got my ILR. The response I had from the university was as follows:

"This email is to let you know that we have reported your change in immigration category to the Home Office.

As you have switched to Indefinite Leave to Remain, you no longer require a Tier 4 sponsor, and so the University has withdrawn its Tier 4 sponsorship.

Please note that this does not affect your studies or your Indefinite Leave to Remain. The report to the Home Office is only meant to confirm that you are no longer a Tier 4 visa holder at our institution"

My question is that my wife was/ is my tier 4 dependant.

1. So, will this curtail her current visa? The expiry of my tier 4 visa was jan 2021.

2. How soon do I have to apply to switch her category?

Please advise. Thanks in advance

yasir ali
Newbie
Posts: 39
Joined: Mon Dec 12, 2016 12:12 pm
Mood:
India

Sponsorship Declaration for FLR(M)

Post by yasir ali » Mon Jan 20, 2020 11:43 am

Hi,
I got my ILR last month, now I am applying for my wife who was my PBS tier 4 dependant. Do I need to write and submit a sponsorship declaration letter? As I had to do when I was applying for her PBS tier 4 dependant visa?

yasir ali
Newbie
Posts: 39
Joined: Mon Dec 12, 2016 12:12 pm
Mood:
India

Re: Sponsorship Declaration for FLR(M)

Post by yasir ali » Mon Jan 20, 2020 12:33 pm

or simply can i mention the sponsorship part in my cover letter?

User avatar
CR001
Moderator
Posts: 88044
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Sponsorship Declaration for FLR(M)

Post by CR001 » Mon Jan 20, 2020 12:50 pm

You so not need a letter. Everything ho needs is covered in the forum and the mandatory supporting documents.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

yasir ali
Newbie
Posts: 39
Joined: Mon Dec 12, 2016 12:12 pm
Mood:
India

Re: Sponsorship Declaration for FLR(M)

Post by yasir ali » Mon Jan 20, 2020 6:44 pm

CR001 wrote:
Mon Jan 20, 2020 12:50 pm
You so not need a letter. Everything ho needs is covered in the forum and the mandatory supporting documents.
Thank you, CR001 for your prompt response.

I have another question, please.

Since I was on a tier 4 visa, I have been working part-time in ABC company since February 2017, but I was earning £600 at that time. Then in I got a pay-rise and from October 2018, I started receiving £800, and HO has requested 12 months bank statement and payslips. But in February 2019, I took one month off (UNPAID). So my payslips are as follows:
Oct 2018, Nov 2018, Dec 2018, Jan 2019 ---(OFF in FEB 2019)--, Mar 2109... until date. Since I got my ILR last month, I started working full-time starting Jan 2020, and I am applying before I get my first full-time wage.

Secondly, my wife started working in June 2019 in the same company part-time alongside me. She was earning £800/month continuously, and I have her payslips until December 2019. HO has requested 12 months payslips, and she only has got 7 months.

Combining our wages, £800 x 12 = £9600 when doubled it is £19,200. I do meet the requirement of £18,600 but

I am slightly worried regarding two things:
1. Missing my FEB 2019 wages (HO requested 12 months payslips)
2. My wife only has 7 months of payslips. (HO requested 12 months payslips)

Any advice, please?

yasir ali
Newbie
Posts: 39
Joined: Mon Dec 12, 2016 12:12 pm
Mood:
India

Re: Sponsorship Declaration for FLR(M)

Post by yasir ali » Mon Jan 20, 2020 7:05 pm

a bit more information regarding my case. I was on tier 4 and got married in NOV 2018 in India. In Feb 2018 my wife got her PBS tier 4 dependant visa. Now I am switching her category to my ILR dependant.

geoeng
Senior Member
Posts: 953
Joined: Fri Aug 30, 2019 12:54 pm
Canada

Re: Sponsorship Declaration for FLR(M)

Post by geoeng » Tue Jan 21, 2020 9:20 am

yasir ali wrote:
Mon Jan 20, 2020 6:44 pm
Any advice, please?
If you are applying using Category B (current salary and total income in the last 12 months both meeting the financial requirement), then you would need to supply 12 months worth of pay slips. It sounds like you may both meet the criteria to apply using Category A (at least 6 months with current employer), in which case you would only need to provide 6 months worth of payslips. This assumes your current full-time work is with the same employer, otherwise Category B will be your only option I think and you would have to wait until you receive your first pay for that. Additional details on the financial requirement in the guidance document below.

https://assets.publishing.service.gov.u ... -ext_1.pdf
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

yasir ali
Newbie
Posts: 39
Joined: Mon Dec 12, 2016 12:12 pm
Mood:
India

Re: Sponsorship Declaration for FLR(M)

Post by yasir ali » Tue Jan 21, 2020 11:43 am

geoeng wrote:
Tue Jan 21, 2020 9:20 am
yasir ali wrote:
Mon Jan 20, 2020 6:44 pm
Any advice, please?
If you are applying using Category B (current salary and total income in the last 12 months both meeting the financial requirement), then you would need to supply 12 months worth of pay slips. It sounds like you may both meet the criteria to apply using Category A (at least 6 months with current employer), in which case you would only need to provide 6 months worth of payslips. This assumes your current full-time work is with the same employer, otherwise Category B will be your only option I think and you would have to wait until you receive your first pay for that. Additional details on the financial requirement in the guidance document below.

https://assets.publishing.service.gov.u ... -ext_1.pdf
Thank you very much.
Yes, you are right, my new contract of full-time work is with the same employer.

From what you have mentioned, that we both meet the criteria to apply under category A. I will go ahead with your advice and send HomeOffice 6 months of my payslips and 6 months of my wife's payslips along with the salary transfer to our bank accounts plus our contract of employment.

Lastly, I have explained my case in the covering letter. Should I mention in the covering letter that I have switched from part-time role to full-time role in the same company since I have no work restriction and should I send the HO my new contract which started in January alongside the previous one?

geoeng
Senior Member
Posts: 953
Joined: Fri Aug 30, 2019 12:54 pm
Canada

Re: Sponsorship Declaration for FLR(M)

Post by geoeng » Tue Jan 21, 2020 12:37 pm

yasir ali wrote:
Tue Jan 21, 2020 11:43 am
Lastly, I have explained my case in the covering letter. Should I mention in the covering letter that I have switched from part-time role to full-time role in the same company since I have no work restriction and should I send the HO my new contract which started in January alongside the previous one?
Work contracts are not required evidence. It is probably worth mentioning in your cover letter and possibly in the letter from your employer as well.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

yasir ali
Newbie
Posts: 39
Joined: Mon Dec 12, 2016 12:12 pm
Mood:
India

Re: Sponsorship Declaration for FLR(M)

Post by yasir ali » Tue Jan 21, 2020 2:02 pm

[/quote]
Work contracts are not required evidence. It is probably worth mentioning in your cover letter and possibly in the letter from your employer as well.
[/quote]

The letter of employment you mentioned is this one?

"A letter from the employer(s) who issued the payslips confirming
1. the employment;
2. the gross annual salary;
3. how long the employment has been/was held;
4. the period over which the person has been paid the level of salary stated in their application; and
5. the type of employment (permanent, fixed-term contract or agency) - for ME"

I will mention that now I will be working full time with my company and I will get a letter from the employer which mentions the change in contract starting January.

Locked