confused

[john sergison]

happy new year to all,

its not the whisky but i am confused about the life in the UK test.

i have just recieved the latest study material for the UK test because my wifes
FLR is up in june 09 .

i thought that you HAD to pass the UK test to gain ILR.

but page 6 of the study guide says that you may not have to take the test if you are the husband,wife,civil partner,unmarried or same sex partner of a british citizen or of a permanent resident of the UK who is a member of the diplomatic service. has anybody got their ILR recently without taking the UK test.

i know that she will need to take the UK test for citizenship and i hope she takes and passes it before june but this paragraph in the study guide is not clear to me as it flys in the face of other info.


john sergison

[darren-b]

You don't have to pass the Life in the UK test to apply for ILR, but you do have to show that you have a sufficient knowledge of language and life in the UK. The usual ways of showing this is either the Life in the UK test or a ESOL qualification. There is a third way (relevant part from the ILR application below) but this doesn't apply to most applicants.

------------------

5.2 Are you the partner of
a) a permanent member of HM Diplomatic Service; or
b) a comparable UK-based staff member of the British Council on a tour of duty
abroad; or
c) a staff member of the Department for International Development who is a British
citizen or is settled in the UK? See Note 1.

Note 1
If you have answered “yes” to 5.2 a), b) or c), under the Immigration Rules you are considered to have a sufficient knowledge of the English language and life in the UK if a “person designated by the Secretary of State certifies in writing” that you have such knowledge. For the purposes of this application, you must provide such a letter from your partner’s employer (normally the head of mission at the British post abroad at which your partner is serving).

[john sergison]

hello darren-b

yes i have read the application form and i agree that it is this that we would be required to fill in with what they ask , but the paragraph i have talked about in the exemptions on the bia website and in the home office uk test book clearly states that the husband, wife etc of a british citizen MAY be exempt.

this is what causes the confusion or it is an error by the writers because i myself have never known anybody challange this paragraph.

i think i will also inquire from the home office and the bia in the new year even if only to be a thorn in their side.

thanks again for the reply

john sergison

[darren-b]

hello darren-b

yes i have read the application form and i agree that it is this that we would be required to fill in with what they ask , but the paragraph i have talked about in the exemptions on the bia website and in the home office uk test book clearly states that the husband, wife etc of a british citizen MAY be exempt.

this is what causes the confusion or it is an error by the writers because i myself have never known anybody challange this paragraph.

i think i will also inquire from the home office and the bia in the new year even if only to be a thorn in their side.

thanks again for the reply

john sergison

I'm obviously reading it differently to you.... The was I read it is the British citizen has to be a permanent member of HM Diplomatic Service, etc for the exemption to apply.

"are the husband, wife, civil partner, or unmarried or same-sex partner of a British citizen or of a permanent resident of the United Kingdom who is a permanent member of HM Diplomatic Service, a staff member of the British Council on a tour of duty abroad, or staff member of the Department for International Development;"

[john sergison]

hi again darren-b

i think the way that they have written it in the paragraph is verry poor grammer and i am sure that it does not mean what it looks like .

but utimately as you said before it is the ILR application form that has the power.

have a good new year

john sergison

[joebloggs]

it's pretty clear on the set (m) form and guidance notes

from
http://www.bia.homeoffice.gov.uk/sit.../guidesetm1108


Does this requirement apply to everyone?

It does not apply to anyone under the age of 18 or aged
65 or over at the time the application is made.
Anyone with a significant physical and/or mental health
condition(s) or incapacity may be exempt if it prevents
them from studying for and taking the Life in the UK test
or from studying for an ESOL qualification . Exemption on these grounds will only be given in exceptional cases.

If your partner is a permanent member of HM
Diplomatic Service, or a comparable UK-based staff
member of the British Council on a tour of duty abroad,
or a staff member of the Department for International
Development, a designated person (normally the head
of the post at which your partner is based) may certify
that you have a sufficient knowledge of the English language
and life in the UK for the purpose of settlement.

[jta]

In taking the life of UK test, is there a required no. of months stayed in u.k. before taking it? and how would i know that i am ESOL level 3?

[joebloggs]

you can take the test any time you want, and take it as many times until you pass, but you must pass it before you can apply for ILR, as you need to send your pass cert with your visa app.

how do you know your at esol level 3? , i think most filipinos, would be at least at that level, and shouldn't really have a problem passing the test.

if you can understand the following sample chapter then you shouldn't have a problem passing

http://www.lifeintheunitedkingdomtest.co.uk/?page_id=3


and a good website with sample chapters and tests..

http://www.lifeintheuk.org/

good luck !

[jta]

Thank u so much Joe And HAPPY NEW YEAR.....