Ilr?

[DMB]

I hope someone will be able to help me/us?

My Thai wife has been living with me here in England for the last 4 1/2 Years.

She initially came to England on the fiancee visa,we got married and then extended the visa twice.

She has worked as a care worker for the whole of the time apart from the first six months.

We were advised by Citizens Advice to apply for the Indefinite Leave to Remain.

We are in the process of getting all the paperwork... proof of living together,bank statements etc

We have just received the letter from her college..Cambridge Regional College to say that she had passed her ESOL skills for life at entry level 2 in July 2011.

The problem is then the letter goes on to state that thecourse was not based on approved citizenship materials but the college does use Skills for life materials and the course deals with life in the UK through the curriculum and their tutorial system.

This was a surprise to me and am now wondering what we should do?

Do we still apply for ILR or is their something else we should do?

I hope someone can help us with some advice?

[7by7]

Have a look at Demonstrating your knowledge of language and life in the UK and the template of the letter confirming that the relevant criteria are met.

I can't be sure without seeing the letter your wife has been given, but from what you have said it sounds like it doesn't meet the requirements as the citizenship element was not "derived from "The Citizenship For ESOL Learners" pack produced for the Home Office by NIACE and LLU+."

I would first check again with the college, if they have previously given this letter to students who have used it to make successful ILR applications then your wife should be OK too.

But if they say that the course doesn't meet the requirements then submitting an ILR application will be a waste of time and money as she will only be refused; so she should apply for FLR again, unless she has time to get the correct qualification before her current leave expires.

Should this course prove unsuitable, having lived and worked in the UK for 4.5 years and reached ESOL entry level 2 she may be proficient enough in English to study for and take the Life in the UK test; which would be a cheaper and quicker option than sitting another ESOL with citizenship course.

[DMB]

Thankyou for your reply.

We have had an e-mail from the Head of the International Department at my Wifes College saying that they have sent this letter and it has been successful for other people who have applied for Citizenship and they have been successful.The e-mail states that although the course my wife followed was not a citizenship course however all ESOL Skills for Life course,it does contain alot of the elements of citizenship and has been enough for other students.

I just dont know whether to try for ILR on the advice of a stranger from the college? Surely in her position she knows what she is talking about?

However if my wife is refused on the basis of the College course not meeting the Home Office requirements are the College going to help us out financially?? I very much doubt it.

Are we likely to be able to extend my wifes visa again using the FLR form again,and does her qualifications equate to the English level required?

Her visa runs out on November 15th so we are running out of time.

I am very annoyed with the College as from the outset we were told that this was the correct course to take.

My wife works full time and attended her college course part time 2 days a week which takes an awful lot of commitment.

Her Certificates are for Cambridge ESOL Entry Level Certificate in Esol Skills for Life(Speaking and Listening)(Entry 2)

(Reading) Esol Skills for Life(Entry 2), (Writing)EsolSkills for Life(Entry 2)

And Cambridge Esol Entry Level Certificate in ESOL Skills for Life(Entry 2)

All Certificates are from the University of Cambridge Esol Examinations.

She also has an Entry Level Certificate in Adult Numeracy Entry 2(Assignment) from City and Guilds.

All of them are passes.

Any advice greatly accepted.

[7by7]

"Skills for life" and "citizenship" are basically the same thing as far as the UKBA are concerned. So, it looks as if she has taken the correct course.

However, in addition to the certificates she does need a letter from the college as per the template linked to above. The problem being that you say the letter she actually has says "that the course was not based on approved citizenship materials...."

The college say that this letter has been acceptable in the past, but, as you say, I doubt that they will pay the ILR fee if her application is rejected because it isn't!

All I can suggest is that you contact the UKBA and see what they say.

Phone: 0870 606 7766

Email: UKBApublicenquiries<at>ukba.gsi.gov.uk (address altered to try and frustrate spambots; replace <at> with @)

Address: UK Border Agency, Lunar House, 40 Wellesley Road, Croydon, Surrey CR9 2BY

I would suggest emailing or writing; the phone lines don't always give the best advice, and you want something in writing.

[DMB]

i understand that now if applying for a visa or trying to extend a visa my wife who is Thai nationality would need to have passed a basic English test?

My wife has passed her ESOL skills for life at Entry level2 in speaking,listening reading,and writing.

Would this be sufficient?

I believe the required level is A1 of the European Framework?

[7by7]

The qualifications you have listed previously are sufficient for FLR. A1 is a very basic level, your wife's qualifications are much higher.

I have combined your two topics to avoid confusion among members who may not have read your previous one.

[bobrussell]

I have to say this was a daft thing for the college to write on the letter. They must have known that it would cause problems!

The skills for life ESOL courses do use a lot of the citizenship materials within the syllabus and tend to be more advanced than many of those aimed at ticking the UKBA boxes. I would talk to the college again but this must be so frustrating!

You do have the option to apply for FLR.

[DMB]

The College has now sent us another letter stating that the certificate was gained after succesful completion of an ESOL course provided by this institution.The course was delivered in a citizenship context by a suitably qualified teacher and used materials derived from The Citizenship For ESOL Learners pack produced for the Home Office by NIACE and LLU+.

The letter states that my wife was assessed at Entry Level 1 before commencing the course and progressed to Entry Level2 over 9 months.

Am i correct in saying that this new letter covers the requirement needed by the Home Office?

It seems that maybe this was someone who didnt know what the letter should cover?

[bobrussell]

The College has now sent us another letter stating that the certificate was gained after succesful completion of an ESOL course provided by this institution.The course was delivered in a citizenship context by a suitably qualified teacher and used materials derived from The Citizenship For ESOL Learners pack produced for the Home Office by NIACE and LLU+.

The letter states that my wife was assessed at Entry Level 1 before commencing the course and progressed to Entry Level2 over 9 months.

Am i correct in saying that this new letter covers the requirement needed by the Home Office?

It seems that maybe this was someone who didnt know what the letter should cover?

This is the letter you need for ILR. Make sure the college is 'approved' - if OFSTED inspect it that will be fine. The letter needs to be signed and stamped by the college. You will need to send in the originals and a copy of each.

[DMB]

The College is inspected by Ofsted.

So hopefully we can move forward now?

Are there any other nasty surprises waiting for us,hopefully not?

Any other advice regarding the ILR application would be greatfully accepted.

[bobrussell]

The College is inspected by Ofsted.

So hopefully we can move forward now?

Are there any other nasty surprises waiting for us,hopefully not?

Any other advice regarding the ILR application would be greatfully accepted.

The form is much more straight forward than other visa applications. You need to prove to the UKBA's satisfaction that you still live together and have sufficient income so your partner does not need recourse to public funds!

I have sent the application for my wife and keep worrying that I have forgotten something!!

[DMB]

Good luck with your application. I am sure everyone worries?

It does seem like jumping through hoops sometimes.

If they need more information will they not just ask for it?

[bobrussell]

Good luck with your application. I am sure everyone worries?

It does seem like jumping through hoops sometimes.

If they need more information will they not just ask for it?

I am more worried because the form was so easy to fill in! It took about half an hour with a further couple of hours collating and copying documents. All previous applications have been much more challenging!

I assume they will contact us for more information if needed but at least in Thailand logic and common sense has not always been the case. I have to say though we have never had any real problems with the Embassy in Thailand other than ridiculous delays in processing the TLR!

[7by7]

DMB, the letter you have now received from the college does, as bobrussell says, now meet the requirements.

Also, an ILR application is very straightforward. all you have to do is show that

• The relationship is still extant.
• You can accommodate and support yourselves without recourse to public funds.
• Your wife meets the knowledge of life and language in the UK requirement.
• Your wife has not been convicted of a criminal offence while in the UK.
• Er.....that's it!

[ThaiVisaExpress]

Extremely straightforward as you said 7/7.

[bobrussell]

It is a bit of a novelty to have a straight forward application!

[DMB]

Thankyou for the replies.

I am feeling a whole lot better about the application now,and yes the application seems too simple and straight forward unless we are missing something!!!!